A statement that Developer will conform and accept responsibility for compliance with all applicable federal, state, and local laws, ordinances, and regulations.
2. Statement of Qualifications: The City seeks a Developer with extensive experience and a track record of success and delivering the objectives outlined in Section 4. Developers should include in their submissions a summary that demonstrates the Developer understands the requirements of this RFP and a description as to how the Developer proposes to integrate the requirements of this RFP into the project.
3. Availability: A statement on the availability and commitment of Developer and assigned professional who will undertake the project.
4. Qualifications and Experience: Provide a summary of the Project Team’s experience with projects similar to the proposed project. Descriptions of previous projects should include the following: total land and building area, scope, location, development value, duration of project from inception to completion; role of Project Team members during project execution, and client references, including authorization to contact references.
5. Project Plan: Submit a conceptual description of the proposed project that includes the intended uses for the proposed development for the Project Area and size of the uses. It is important the Developer describes how this project will meet the development goal outlined in Section I. An estimated timeline for project implementation and conceptual layout should be included. The City anticipates negotiating a development agreement with the preferred Developer that will require the Developer to submit additional materials and successfully complete the City’s development application process.
6. Sale Price: The proposal will include the nature of ownership the Developer is requesting and include the amount the Developer is willing to pay for the Project Area. Please provide a letter of support showing proof of funds. The minimum sale price is $2,170,000.
7. Public-Private Partnership: The proposal should include a statement indicating whether the proposed development would be contingent upon any local or state government support or action other than review and approval of the development application. Any request for incentives must include a pro forma to outline the financial assumptions and projections of the proposed development, which shall outline the funding gap to be bridged with public incentives and estimated ROI with and without incentives.
8. Disclosure and Non-Collusion Certification: Proposal will disclose any personal or professional interest which could be a possible conflict of interest in contracting with the City. The proposal must include a properly completed and executed Non-Collusion certification.
IV.
Evaluation Criteria:
Developers interested in being considered should submit seven (7) hard copies and oneelectronic copy of the proposal by 5:00 p.m. January 5, 2024, to following address:
Jason Norbury
Economic Development Director
City of Blue Springs
903 West Main Street
Blue Springs, MO 64015
Proposals will be evaluated on the following criteria:
•Purchase Price
•Developer qualifications, experience, and creative vision.
•The capacity of the development proposal to create high-quality jobs, preferably fromoffice, light industrial or flex-tech uses.
•Quality of conceptual development plan and compatibility with development objectives.
•Developer financial capabilities and the ability to successfully execute a project fromconcept to completion and ongoing operation.
•Ability of the proposal to support and/or encourage further development in the area andalong Adams Dairy Corridor.
V.
Proposed Process and Timeline:
•RFP Issued: October 3, 2023
•RFP Due date: January 5, 2024
•Proposal review by City Council: January/February 2024
•Notification to preferred Developer and development agreement negotiations: March/April2024
VI.
Conditions and Limitations:
By submitting a proposal in response to this RFP, the respondent expresses its intent to comply with the established timeline. In addition, the respondent accepts the evaluation process and methodology, as well as acknowledges and accepts that the determination of “the most qualified and capable” Developer will require subjective judgments. The City reserves the right to request clarification of information provided in proposals as a response to this RFP without changing the terms of this RFP. The City has the right, in its sole and absolute discretion, to reject any and all proposals received in response to this RFP and to cancel this RFP at any time, for any or no reason, prior to entering into any binding agreements. Responses to this RFP vest no legal or binding rights in the Developers nor does it or is it intended to impose any legally binding obligations upon the City, officials or employees of the City unless and until final legal binding agreements are negotiated and executed. This RFP does not commit the City to pay for costs incurred in the negotiation or other work in preparation of, or related to, a final agreement between the selected Developer and the City.
Any commitment made by the City will be subject to the appropriation of funds by the City Council to carry out any such commitments and the execution of a contract acceptable to the City. The City will not be responsible for any costs incurred by the Developers or Project Team member related to any response to this RFP and will not reimburse any costs to the Developer or Project Team member.
Before submitting a bid, bidders should carefully examine the site, and fully inform themselves to the existing conditions. To schedule a time, contact Jason Norbury at (816) 622-4006 to make arrangements.
VII.
Exhibits and Resources
• Exhibit “A” Non-Collusion Certification
• General Conditions
• Map of Project Area (attachment)
• Blue Springs Comprehensive Plan -
http://www.bluespringsgov.com/DocumentCenter/View/11338
EXHIBIT “A” NON-COLLUSION CERTIFICATION
STATE OF MISSOURI, CITY/COUNTY OF
being first duly sworn, deposes and says that they are:
Title of Person Signing Name of Bidder
that all statements made and facts set out in the proposal for the above project are true and correct; and the bidder (The person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid or any contract which may result from its acceptance.
Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project.
BY ________________________
BY _________________________
BY __________________________SWORN to before me this day of 20 .
Notary Public
My Commission Expires ___________________
GENERAL CONDITIONS
GOVERNING RESPONSES AND SUBSEQUENT CONTRACTS
CITY OF BLUE SPRINGS, MO
1.
SCOPE: The following terms and conditions, unless otherwise modified by the City of Blue Springs within this document, shall govern the submission of proposals and subsequent contracts. The City of Blue Springs reserves the right to reject any proposal that takes exception to these conditions.
2.
DEFINITIONS AS USED HEREIN:
a.
The term "request for proposal” means a solicitation of a formal, sealed proposal.
b.
The term "respondent" means the person, firm, bidder or corporation who submits a formal sealed proposal.
c.
The term "City" means City of Blue Springs, MO.
d.
The term “City Council” means the governing body of the City of Blue Springs, MO.
e.
The term "contractor" means the respondent awarded a contract under this proposal.
3.
COMPLETING PROPOSAL: All information must be legible. Any and all corrections and/or erasures must be initialed. Each proposal must be signed in ink by an authorized representative of the respondent and required information must be provided. The contents of the proposal submitted by the successful respondent of this RFP will become a part of any contract award as a result of this solicitation.
4.
REQUEST FOR INFORMATION: Any requests for clarification of additional information deemed necessary by any respondent to present a proper proposal shall be submitted in writing to the City of Blue Springs, 903 W. Main Street Blue Springs, MO 64015, referencing this RFP number, a minimum of five (5) calendar days prior to the proposal submission date. Any request received after the above stated deadline will not be considered. All requests received prior to the above stated deadline will be responded to in writing by the City in the form of an addendum addressed to all prospective respondents.
5.
CONFIDENTIALITY OF PROPOSAL INFORMATION: Each proposal must be submitted in or under cover of a sealed envelope to provide confidentiality of the information enclosed. The envelope should be sealed and clearly marked with RFP number and the
name of the project.
All proposals and supporting documents will remain confidential until a final contract has been executed. Information that discloses proprietary or financial information submitted in response to qualification statements will not become public information. This is in accordance with the Missouri Sunshine Law.
6.
SUBMISSION OF PROPOSAL: Proposals are to be sealed and submitted to the City of Blue Springs, 903 W. Main Street, Blue Springs, MO 64015, prior to the date and time indicated on the cover sheet. At such time, all proposals received will be formally opened. The opening will consist of only the name and address recording of respondents.
7.
ADDENDA: All changes, additions and/or clarifications in connection with this proposal will be issued by the Purchasing office in the form of a WRITTEN ADDENDUM. SUBMIT EQUAL NUMBER OF SIGNED ADDENDUM WITH THE NUMBER OF PROPOSALS REQUIRED. Verbal responses and/or representations shall not be binding on the City.
8.
LATE PROPOSALS AND MODIFICATION OR WITHDRAWALS: Proposals received after the date and time indicated on the cover sheet shall not be considered.
Proposals may be withdrawn or modified in writing prior to the proposal submission deadline. Proposals that are resubmitted or modified must be sealed and submitted to the Purchasing Office prior to the proposal submission deadline. Each respondent may submit only one (1) response to this proposal.
9.
BONDS:
When a Bond is required it shall be executed with the proper sureties, through a company licensed to operate in the State of Missouri, and hold a current Certificate of Authority as an acceptable surety under 31 CFR Part 223 (and be listed on the current U.S. Department of the Treasury Circular 570 and have at least A Best's rating and a FPR9 or better financial performance rating per the current A.M. Best Company ratings.)
10.
NEGOTIATION: The City reserves the right to negotiate any and all elements of this proposal.
11.
TERMINATION: Subject to the provisions below, any contract derived from this Request For Proposal may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then said contract may be extended upon written approval of the City until said work or services are completed and accepted.
(a)
TERMINATION FOR CONVENIENCE
In the event that the contract is terminated or cancelled upon request and for the convenience of the City, without the required thirty (30) days advance written notice, then the City shall negotiate reasonable termination costs, if applicable.
(b)
TERMINATION FOR CAUSE
Termination by the City for cause, default or negligence on the part of the contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination for Cause.
(c)
TERMINATION DUE TO UNAVAILABILITY OF FUNDS IN SUCCEEDING FISCAL YEARS.
When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.
12.
TAX EXEMPT: The City and its Agencies are exempt from State and local sales taxes. Sites of all transactions derived from this proposal shall be deemed to have been accomplished within the State of Missouri.
13.
SAFETY: All practices, materials, supplies, and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent Federal, State and/or local safety or environmental codes.
14.
RIGHTS RESERVED: The City reserves the right to reject any or all proposals, to waive any minor informality or irregularity in any proposal, and to make award to the response deemed to be most advantageous to the City.
15.
RESPONDENT PROHIBITED: Respondents are prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this proposal or any resultant agreement or its rights, title, or interest therein or its power to execute such agreement to any other person, company or corporation without the previous written approval of the City.
16.
DISCLAIMER OF LIABILITY: The City, or any of its agencies, will not hold harmless or indemnify any respondent for any liability whatsoever.
17.
HOLD HARMLESS: The contractor shall agree to protect defend, indemnify, and hold the City Council, City of Blue Springs, MO, its officers, commissions, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character resulting from the error, omission or negligent act of the contractor, its agents, employees or representatives, in the performance of the contractor's duties under any agreement resulting from award of this proposal.
18.
LAW GOVERNING: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Missouri.
19.
ANTI-DISCRIMINATION CLAUSE: No respondent on this request shall in any way, directly or indirectly discriminate against any person because of age, race, color, handicap, sex, national origin, or religious creed.
20.
DOMESTIC PRODUCTS
The City of Blue Springs follows Section 34.353, RSMo that requires each contract for the purchase or lease of manufactured goods or commodities by the City, and each contract made by the City for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States.
21.
CONFLICTS: No salaried officer or employee of the City, and no member of the City Council shall have a financial interest, direct or indirect, in this contract. A violation of this provision renders the contract void. Federal conflict of interest regulations and applicable provisions of Sections 105.450 – 105.496 shall not be violated. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. The Contractor further covenants that in the performance of this contract no person having such interest shall be employed.
22.
DEBARMENT: By submission of its response, the Contractor certifies that neither it nor its principals is presently debarred or suspended by any Federal Department or agency, including listing in the U.S. General Services Administrations List of Parties Excluded from Federal Procurement or Non-Procurement programs; or if the amount of this response is equal to in excess of $100,000, that neither it nor its principals nor its subcontractors receiving sub-awards equal to or in excess of $100,000 is presently disbarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by an Federal Department , agency or prevision of law. If the Contractor is unable to certify any of the statements in this certification, the responder must attach an explanation to its response.
