Florence Mill RFQ.pdf

Town of Forest City

Request for Qualifications:

Florence Mill Redevelopment

Issue Date July 8, 2024

Contents Part 1 Purpose and Definitions

Part 2 Background

Part 3 Ownership and Delivery

Part 4 Development Team Composition

Part 5 SOQ Content and Qualifications

Part 6 Solicitation Process

Part 7 Selection and Engagement

Part 8 Miscellaneous

Exhibits

Part 1: Purpose and Definitions

RFQ Purpose

This Request for Qualifications (“RFQ”) is to solicit Statements of Qualifications from highly qualified real estate development firms with successful experience rehabilitating historic mills and collaborating with public entities to rehabilitate the landmark Florence Mill for commercial purposes. A primary project goal is to leverage the Town of Forest City’s prior public investments in the Florence Mill complex to develop a mixed-use private project that contributes to the vitality and economic sustainability of downtown Forest City.

Definitions

Town Town of Forest City

Project The rehabilitation of the historic Florence Mill building in downtown

Forest City, North Carolina, for commercial mixed-use purposes.

Property The Florence Mill Building and the real property generally shown in

Exhibit A.

Respondent Each Development Firm responding to this RFQ by submitting an SOQ complying with the stated requirements.

Development Firm The development firm that may be selected by the Town through this solicitation that will be responsible for delivering the Project.

Specialists Consultants, contractors, and specialists on the Development Team.

Development Team The Development Firm and Specialists who will deliver the Project.

Agreement The agreement(s) to be entered between the Town and the

Development Firm to deliver the Project.

RFQ This Request for Qualifications.

SOQ A Statement of Qualifications submitted by a Respondent responding to this RFQ.

Part 2: Background

Property Description

The Florence Mill building sits on a 2.542-acre parcel of land adjacent to downtown Forest City, North Carolina. The Property is near the Main Street commercial core of Forest City in the center of the historic district. The Florence Mill building, built in 1896, contains approximately 113,249 SF on two and a half floors. The all-brick structure was constructed on the original Forest City Cotton Mills site, which operated from 1890 to 1895 and was razed to make way for the current mill building. The new mill was named Florence after the builder's daughter, Raleigh Rutherford Haynes, a prominent mill owner in North Carolina at the time.

Proximity Mills, which eventually became the Cone Mills Corporation, bought Florence Mill in the 1940s and operated it until it closed in December 2001. The Town of Forest City purchased the Florence Mill complex in August 2004 as part of the Town’s downtown redevelopment program. The original complex consisted of multiple buildings and a mill village dating from 1896 through the early 1940s. The two-and-a-half-story Florence Mill building is all that remains of the original mill complex.

The building’s windows are arched, typical in industrial buildings of the period, and filled in with brick.

Decorative brick corbelling is still intact at the cornice. The original boiler and engine house remain at the rear of the building. The original 125-foot-tall brick smokestack is adjacent to the boiler house. Modern additions along the front and rear facades of the building were built in the 1970s and 1980s to house mechanical systems. The original walls of the mill are intact behind the additions, which could be removed to expose the building’s original façade. The mill's interior is intact, with the original open space running east to west, including maple floors, plankboard ceilings, and an exposed system of massive posts and beams. The Town previously stabilized the mill building’s roof, contributing to the good interior condition, floors, and other components.

The loading bays and dock on the north side of the building open to the Town’s adjoining amphitheater, Pavilion on Park Square. The south side of the building faces the 13-mile Thermal Belt Rail Trail and the site of a planned Farmer’s Market along the Trail.

Project Vision

The Town’s objectives for the rehabilitation of Florence Mill are:

1. Respect the history of Florence Mill and those who worked there.

2. Integrate a rehabilitated Florence Mill with adjacent public uses and protect the former Florence Mill site's community character.

3. Leverage private investment in Florence Mill to contribute to the redevelopment, activation, and revitalization of downtown Forest City with live, work, and play amenities.

4. Foster economic development for the Town and redevelopment opportunities in adjacent neighborhoods.

5. Leverage the value of the Town’s amphitheater, Thermal Belt Rail Trail, water park and dog park, and Farmer’s Market adjoining Florence Mill to benefit the Town’s citizens and visitors.

In addition, the Town seeks to:

1. Minimize risk to the Town in the rehabilitation, ownership, and operation of Florence Mill.

2. Avail the Project of available tax credits and economic incentives to maximize rehabilitation opportunities for the Project.

Targeted Uses

The Town envisions retail and residential uses for a rehabilitated Florence Mill. The adaptive reuse of the historic structure presents a unique opportunity to blend the charm of its rich historical legacy with modern amenities. Introducing retail spaces within the mill could attract diverse businesses, fostering a nascent commercial environment that draws residents and visitors to the downtown area. This retail activity could complement and support the existing public amenities, including the adjacent amphitheater, Thermal Belt Rail Trail, water park, dog park, and Farmer’s Market, creating a cohesive and lively community hub.

Residential development within the Florence Mill will bring new life to the downtown area, promoting a live, work, and play environment that enhances the town’s economic vitality and sense of community.

The mill’s spacious interiors and architectural features provide an ideal canvas for creating unique living spaces that showcase the building's historical character while offering modern comforts. New residential units will expand housing options in the Town, catering to various demographics, from young professionals to retirees.

By integrating retail and residential uses, the Florence Mill redevelopment will catalyze further investment in the neighborhood, driving the continued revitalization of downtown Forest City. This holistic approach supports the Town’s broader economic development objectives, community enrichment, and preservation of its historical heritage, ensuring the Florence Mill remains a cherished landmark for future generations.

The Burnt Chimney District

On September 8, 2021, North Carolina Session Law 2021-150 was ratified, allowing local governments to establish “Social Districts” within their jurisdictions. These Social Districts allow for common areas where licensed establishments (e.g., bars, breweries, restaurants) may sell alcoholic beverages in designated containers to be taken into the common area for consumption. The Town has established a Social District, designated The Burnt Chimney District. The Burnt Chimney District is jointly managed by the Town, Forest City Police Department, Forest City Public Works Department, Forest City Inspections, Forest City Downtown and Events, and Explore Forest City. The Florence Mill is located within the Burnt Chimney District.

Zoning

The Property is in the Town’s C-T Commercial Transition District (Unified Development Ordinance (UDO) 3.2.7). Exhibit B contains a Planning Board Memorandum summarizing the applicable provisions of the Town’s UDO applicable to the C-T District. The Memorandum is provided for informational purposes only, and Respondents should refer to the Town’s most recently published UDO for a complete and accurate description of applicable zoning and land use regulations applicable to the Property.

Parking

None of the Town’s existing parking lots outside the Property (as the Property is generally depicted on Exhibit A) may be used to satisfy the Project's parking requirements. Required parking for the Project will be located on the Property. The Town will support the Development Firm in identifying parking solutions for the Project.

Environmental

The Property is subject to the North Carolina Brownfields Agreement dated August 25, 2006, in Exhibit C.

The Brownfields Agreement stipulates that the Florence Mill building may be used for office, retail, residential, storage, public gathering space, and parking areas, subject to certain conditions. The Property’s rehabilitation, ownership, and use must comply with the Brownfields Agreement.

Historic Building Requirements and Tax Credits

Florence Mill is listed on the National Register of Historic Places as part of the Forest City Main Street National Register District. The Property is subject to a preservation covenant. The rehabilitation of the Florence Mill building should comply with the recommended approaches in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and the State Historic Preservation Commission. Exhibit D contains the Town’s ordinance designating the Florence Mill building as a local historic landmark. Exhibit E contains the registration for the National Register of Historic Places.

Several tax credits may be available in connection with the rehabilitation of the mill, including:

1. Federal Historic Rehabilitation Tax Credits;

2. State Historic Rehabilitation Tax Credits;

3. Brownfields Tax abatement; and

4. New Market Tax Credits (US Census tract No: 9608).

Utilities

The following diagram identifies known water and sewer infrastructure adjoining the Property:

Blue Line: 8’’ Ductile Iron Pipe Water Line Red Line: 6’’ Ductile Iron Pipe Water Line Double Green Line: 8’’ Sewer Line Dashed Green Line: 4’’ Cast Iron Water Line

Town Investments The Town and its partners have made over $13 million in investments in the Florence Mill building and neighborhood over the past fifteen years:

Town Investments Environmental mitigation and stabilization of the Florence Mill building.

Pavilion on Park Square (POPS) amphitheater, splash pads, concessions, and restrooms and parking (including demolition of prior structures on the Florence Mill site) Thermal Belt Rail Trail (13 miles) Dog park, trail heads, and fitness equipment Planned Park Square Depot Farmer's Market

The Town will not contribute additional public funding to the delivery of the Project. The Development Firm will be required to fund and finance all costs for the delivery of the Project.

Part 3: Ownership and Delivery

Ownership and Disposition of the Property The Town owns the Florence Mill and much of the property formerly occupied by the Florence Mill complex. Because the Property is integral to the Town’s adjoining property and facilities, the Town intends to ground lease the land parcel containing the Florence Mill to the Development Firm for up to 99 years.

The Town will negotiate an Agreement with its preferred Respondent to ground lease the Property and develop the Project. The negotiated Agreement and all development conditions will be presented to the Town Council (with notice and a public hearing) for consideration under North Carolina General Statutes § 160A-269. Upon approving and signing a definitive Agreement, the Town will have formally selected the preferred Respondent.

The Agreement will provide for a due diligence period and contain conditions precedent that must be satisfied by the Development Firm before the Town leases the Property to the Development Firm. It will also contain terms and conditions for the delivery of the Project and remedies for failure by the Development Firm to comply with the terms of the agreement.

The solicitation under this RFQ will remain open until the Town signs a definitive Agreement with the selected Development Firm. If the preceding condition is not met, the Town may, but is not required to, initiate negotiations with another Respondent to this RFQ without the need to republish this RFQ and solicit new SOQs.

Development Firm’s Responsibilities

The selected Development Firm will be solely responsible for supervising and managing the horizontal and vertical planning, design, construction, rehabilitation, operation, management, and maintenance of the Project (including all site improvements, building and accessory structures, and parking) and delivering the Project in accordance with applicable laws, restrictions, covenants, and the terms and conditions of the Agreement.

The Development Firm will select, engage, and contract with all service providers and contractors to support the development of the Project, which will not be subject to public procurement or contracting requirements, except as may be required for any public funding the Development Firm secures (on its own) to deliver the Project.

Project Schedule The Town expects the Development Firm to initiate and complete delivery of the Project in a diligent and timely manner, and the Development Firm will not be permitted to “land bank” the Property for future development.

Approvals In addition to obtaining the Town’s approval of key Project documents (including a development program, project schedule, financial plan, and evidence of the Development Firm’s ability to obtain financing), the Development Firm will need to obtain typical regulatory approvals for the Project.

Other Key Terms

The following key terms will apply to the Project:

Key Terms

• The ground rent for the Property will be based on the fair market value of the Property.

• The Property will be subject to typical restrictions and covenants ensuring the rehabilitation and use of the Property consistent with surrounding Town uses and facilities and applicable environmental and historic requirements.

• The ground lessee of the Florence Mill site will become a permanent contributing member of the Forest City Downtown Merchant’s Association and Explore Forest City.

Part 4: Development Team Composition

Development Firm

The Development Firm will be expected to prepare its SOQ, respond to the requirements in this RFQ, and lead any subsequent interviews and workshops conducted concerning the Town’s selection process.

The following are preferred parameters for the Development Firm:

Development Firm Preferred Parameters

• Strong track record working with local governments and other public entities.

• Meaningful work or presence in North Carolina or the

Southeast.

• Experience with historic rehabilitation and reuse of historic mill buildings or other historic structures for mixed uses.

• Experience with the North Carolina Brownfields program.

Development Team

The Development Firm will be responsible for engaging, contracting with, coordinating, and managing the design firm, contractor, and other Specialists to deliver the Project. The Respondent is encouraged to identify in its SOQ the primary services necessary to deliver the Project. The Respondent is also encouraged, but not required, to identify the Specialists it plans to engage in delivering the Project. If the Respondent identifies a Specialist it plans to engage to deliver the Project, the Respondent will be expected to engage the Specialist to deliver the Project. To ensure the highest quality Development Team, the Town places no restrictions on Specialists partnering with more than one Respondent to respond to this RFQ.

All Specialists must hold all required licenses in North Carolina to perform the services needed to deliver the Project.

Encouragement of Historically Underutilized Businesses

In pursuing excellence and innovation in project delivery, the Town recognizes the value and importance of diversity in the composition of its Development Team, which can bring unique perspectives and approaches that enrich Project outcomes and stimulate entrepreneurship and small business development. While it is not a binding requirement, the Town encourages Respondents to consider the inclusion of Historically Underutilized Businesses (HUBs), Small Businesses (SBEs), Disadvantaged Business

Enterprises (DBE), Women-Owned Business Enterprises (WBE), and Minority-Owned Business Enterprises (MBE) on their Development Teams when feasible and beneficial. Notwithstanding the foregoing, the Respondent's ultimate choice of Development Team members must align with the Project's objectives and requirements.

Economic Development

By rehabilitating the Florence Mill, the Town seeks to contribute meaningfully to the economic health of the region and the state. Respondents should highlight their presence and contributions to the regional and state economies. In addition, Respondents should include their experience in developing projects that encourage investment and engage a wide range of consultants and professional service providers committed to the economic development of the regional and state economies. The ground lessee of the Florence Mill site is expected to become a permanent contributing member of the Forest City Downtown Merchant’s Association and Explore Forest City.

Request for Qualifications:

Florence Mill Redevelopment

Part 5: SOQ Content and Qualifications

SOQ Content Each Respondent must demonstrate through their SOQ that they can successfully deliver the Project based on their experience, expertise, and capabilities and the experience, expertise, and capabilities of the Development Team. The SOQ must contain the following:

1. Cover Letter

The Cover Letter should include:

Cover Letter

• Brief introduction.

• Statement of the firm’s interest in the Project and reference to the RFQ.

• A brief summary of the firm’s understanding of the Project and the RFQ's objectives.

• A highlight of one to two key qualifications or past projects similar to the Project.

• Statement of firm’s unique value proposition.

• Statement confirming adherence to RFQ's submission requirements and qualifications.

2. Project Organization Chart and Key Personnel

The SOQ should contain a Development Team Organization Chart that identifies, at a minimum, the following Key Personnel:

1. Principal in Charge of the Development Firm;

2. Project Manager or Lead for the Development Firm for the Project; and

3. Project Manager or Lead for any Key Personnel of Specialists included on the Development Team in the RFQ.

The SOQ should contain information about other Key Personnel on the Development Team with specialized experience who will support the Project but may not appear on the Development Team Organization Chart.

3. Organization Information

The SOQ should contain the following organizational information for the Respondent:

Organization Information

• Legal name of firm

• State of Incorporation

• Principal office address of firm

• Office address for team for the Project

• Total number of firm employees

• Authorization of firm to do business in North Carolina

• Applicable North Carolina licenses (if any) applicable to delivering the Project

• Years in business

• Firm’s core values

4. Financial Capacity

The SOQ should contain the following information to demonstrate the financial capacity of the Respondent to deliver the Project:

Financial Capacity

A brief statement describing the firm’s financial capacity to undertake the project.

Current Financial Commitments

Summary of existing financial commitments and ongoing projects that could impact delivery of the Project.

Access to Financing

Description of the firm’s typical financing sources and relationships and strategies for similar projects.

Previous Financial Performance

Examples of financial performance in previous similar projects, highlighting successful management of project budgets and financial risks.

References Contact name, title, organization, telephone, and email address of no more than three (3) commercial or institutional credit references.

If selected for further consideration or negotiation, the Respondent may be required to provide more detailed financial information to demonstrate the financial capacity of the Respondent to deliver the Project.

5. Prior Projects

The SOQ should contain information about the prior experience of the Respondent delivering projects similar to the Project, including:

Prior Experience (up to 3 projects)

• Brief description of the prior project.

• Similarities and differences of the prior project to the

Project.

• Experience with the rehabilitation of historic structures and partnerships with Specialists to assist with historic preservation issues.

• Experience with the North Carolina Brownfields program or a similar program and partnerships with Specialists to assist with environmental issues.

• Experience with the rehabilitation of historic mills or similar properties.

• Insights gained, challenges encountered, and strategies implemented to overcome them.

• Exceptional or unexpected outcomes.

• One reference with direct knowledge of each example project.

6. Organization Capacity

The SOQ should contain the following information for the Respondent and Key Specialists with respect to the capacity of each firm to deliver the Project within the Conceptual Project Schedule:

Organization Capacity

• Current number of active projects assigned to each of the

Key Personnel listed on the Project Organization Chart.

• Technology and tools employed by the Respondent to track project progress, issues, and communications.

• Self-assessment of capacity of the Respondent to deliver the

Project.

7. Key Personnel Qualifications

The SOQ must contain the following information for each of the Key Personnel for the Development Firm:

Key Personnel Information

• Name

• Principal office location

• Education and applicable licenses

• Professional designations and/or certifications

• Project role and responsibilities

• Relevant prior roles at current or prior firms

• Years of experience delivering projects of a similar scope, nature, and complexity as the Project

• Relevant prior projects at current or prior firms (including brief description and role on project)

• Experience working with public entities

• Experience delivering projects using the delivery method proposed by the Respondent for the Project

• Knowledge of relevant building codes, standards, and specifications

• Key substantive experience that will contribute to the

Project

• Key skills that will contribute to the Project

• Current number of active projects assigned to individual as a project lead.

• Current number of active projects assigned to individual in a support role.

• One reference who has direct knowledge of work performed by the individual.

After presenting the Key Personnel in the SOQ, if the Respondent needs to replace any Key Personnel on the Development Team, the Respondent must promptly submit a written notification to the Town detailing the reasons for the replacement and how the proposed new personnel meet the Minimum Qualifications. The Town will consider any properly documented replacement personnel in reviewing the Respondent’s SOQ. Any replacement of Key Personnel made by the Respondent without complying with these requirements may cause the Respondent’s SOQ to be deemed non-responsive. The Town will not have any obligation to schedule additional interviews or make other accommodations to meet replacement personnel after the Town conducts interviews in connection with this RFQ.

8. Project Understanding and Approach to Work

The Respondent should briefly describe its understanding of the Project and its planned approach to delivering the Project based on prior experience and projects and familiarity with current market conditions. The Respondent’s approach should address issues such as the following:

Understanding and Approach Perceived Challenges and Risks

Identify key challenges and risks associated with the Project and strategies for how your team would address them. Share specific examples from past projects when similar challenges were encountered and overcome.

Project Delivery Method

Identify the likely project delivery method to be utilized for the Project and the firm’s experience with such delivery method on prior projects.

Project Scheduling and Progress

Provide a realistic conceptual schedule for the delivery of the Project. Present strategies to ensure the Project progresses on schedule. Describe how your team managed schedules on similar projects.

Financing Explain team’s approach to securing financing for the Project, particularly in the current financing climate. Provide examples of recent projects for which your firm has successfully obtained financing, including challenges encountered and overcome.

Market Demand Evaluation

Describe team’s methodology for evaluating market demand for specific uses within the Project. Share examples from recent projects when your firm aligned a development plan with uncertain market demand.

9. Claims

The SOQ must contain the following information for the Respondent:

Disputes and Litigation

• Any fines, claims, dispute proceedings, litigation, or arbitration proceedings with an amount in controversy in excess of $100,000 within the past five years.

• Any fines assessed by OSHA, EPA, or a state agency with jurisdiction over workplace safety or environmental quality within the past five years.

• Information concerning any contract over $100,000 that resulted in the assessment of penalties such as stipulated damages or liquidated damages against the firm over the past five years where the assessment was settled, damages were finalized, or a judgment was entered.

• Any conditions surrounding any contract entered by the firm over the past five years that has been terminated for cause or default, resulted in litigation, or that required substitute performance by another party.

• Any publicized dispute or litigation between the firm and a public agency arising from the performance of contractual obligations on a public project within the past seven years.

10. Conflict of Interest Certification

To maintain the highest standards of fairness and integrity in the Town’s partner selection process, each Respondent must certify and disclose any potential conflicts of interest that might influence the Respondent's ability to deliver the Project in the best interests of the Town and its citizens. The Town reserves the right to make the sole determination as to whether a conflict or appearance of conflicts is present.

For the Respondent’s SOQ to be considered complete, the certification at the following link must be signed by an authorized and knowledgeable representative of the Respondent by no later than the Deadline to Submit Statement of Qualifications:

LINK TO CONFLICT OF INTEREST CERTIFICATION

https://form.jotform.com/241495032135147

11. Key Personnel Certification

The Town requires each Respondent to confirm that Key Personnel on their team have received and read the RFQ, the RFQ's attachments, and all supporting documentation referenced in the RFQ. This is crucial to ensure all team members are fully aware of the Project requirements, expectations, and related information.

For the Respondent’s SOQ to be considered complete, the certification at the following link must be signed by an authorized and knowledgeable representative of the Respondent by no later than the Deadline to Submit Statement of Qualifications:

LINK TO KEY PERSONNEL CERTIFICATION

https://form.jotform.com/241495553278163

Exclusions from SOQ

The Respondent shall not prepare or provide any preliminary design work to respond to this RFQ, and no preliminary or conceptual designs of the Project should be included in the SOQ.

The Respondent shall not submit a price or cost proposal with their SOQ for the lease or development of the Property. The Town will not consider price or costs in the evaluation of SOQs.

Part 6: Solicitation Process

RFQ Contact

The RFQ Contact is:

Preston Janco, Town of Forest City, prestonjanco@townofforestcity.com

No Respondent or any member of its Development Team shall communicate with any official, employee, or board member of the Town except the RFQ Contact concerning this RFQ or the RFQ after it is issued, except for the submission of questions and requests for clarification in the manner provided in this RFQ.

RFQ Schedule

The schedule for the RFQ process is as follows:

July 8, 2024 Issue RFQ

July 23, 2024, 6:00 PM EST

Deadline to Submit Questions and Requests for Clarification (or a request to receive Addenda)

August 2, 2024 Date by which the Town will issue an Addendum to respond to Questions and Requests for Clarification

August 13, 2024, 6:00 PM EST

Deadline to submit Statements of Qualifications

Submitting Questions and Requests for Clarifications

Questions or requests for clarification regarding this RFQ must be emailed to the RFQ Contact on or before the Deadline to Submit Questions and Requests for Clarification.

The Town’s answers to timely questions will be provided to all Respondents in a published Addendum. All communications regarding this RFQ shall be addressed solely to the RFQ Contact.

SOQ Format and Submission

The SOQ must comply with the following formatting and length requirements:

SOQ Format

• The SOQ must be formatted to 8 ½ by 11 inches.

• The body of the SOQ must use a minimum of 11-point font.

• The SOQ must be submitted in a flattened PDF format and emailed as an attached file or via an accessible link without a password.

• The RFQ, including all of the content outlined in this RFQ, must be no more than 20 pages. The RFQ cover page and section page separators will not count toward the maximum page count.

• The online Conflict of Interest Certification must be submitted.

• The online Key Personnel Certification must be submitted.

• Brochures and additional materials shall not be submitted with the SOQ.

Failure to comply with the requirements above may result in the SOQ being deemed non-responsive by the Town at its sole discretion.

Confidentiality

Public announcements, statements to the media, interviews, or news releases regarding this RFQ, its proposal, or any subsequent award must not be made by any Respondent or any of the Respondent’s agents or consultants without the prior written approval of the Town.

Respondents should assume that SOQs may be publicly reviewed and are not confidential. If a Respondent believes any information in its SOQ should be kept confidential, the Respondent should specifically mark any such information as a “trade secret” on each applicable page of the SOQ consistent with the requirements of the North Carolina General Statutes. The Town will make efforts to maintain requested confidentiality as appropriate, but the Town assumes no liability for disclosure of information identified by the Respondent as confidential.

Respondents must maintain confidentiality regarding their SOQs to ensure a fair and competitive selection process.

Submitting SOQ

One flattened PDF of the SOQ shall be emailed to the RFQ Contact as an attached file or via an accessible link without a password on or before the Deadline to Submit the Statement of Qualifications.

Part 7: Selection and Engagement

Evaluation of SOQs and Selection

Each SOQ will be evaluated based on responses to the information requested in this RFQ. The Town may interview one or more firms in one or more rounds as part of the evaluation process; however, the Town’s selection decision may be based solely on the submitted SOQs.

The Respondent is encouraged to focus on providing an overall understanding of the range of services required to deliver the Project and demonstrate through prior experience that the Respondent can secure financing for and navigate the complexities of delivering the Project promptly in conformance with the expectations set out in this RFQ.

Failure to submit an SOQ that complies with the requirements in this RFQ may render the SOQ unacceptable or non-responsive at the Town’s sole discretion. The Town may, in its sole discretion, waive minor irregularities in an SOQ that do not alter the quality or quantity of the information provided.

The Town reserves the right to contact each reference provided in an SOQ and any other additional reference deemed appropriate by the Town, including references suggested by references provided in the SOQ or references known to the Town through its industry knowledge.

Based on submitted SOQs, the Town may take any of the following actions (without limitation):

a. Identify a preferred Respondent based solely on the written SOQs for further negotiation;

b. Request more information or clarifications before identifying a preferred Respondent;

c. Use presentations, interviews, or problem-solving exercises before identifying a preferred Respondent;

d. Decline to accept any SOQ and not identify a preferred Respondent;

e. Reissue the RFQ; or

f. Cancel the solicitation process for the Project.

The Town will rank Respondents based on the responsiveness of their SOQs, information collected during interviews and otherwise, and the Town’s determination as to which Respondents are most capable of achieving the Project's goals and objectives in alignment with the Town's values and vision.

If negotiations with the Town’s preferred Respondent are unsuccessful, the Town may commence negotiations with the next highest-ranked Respondent.

Upon request by an unsuccessful Respondent, the Town may, in its sole discretion, provide debriefing information for the sole purpose of discussing, in a limited way, the strengths and weaknesses of the unsuccessful SOQ of the unsuccessful Respondent.

Agreement After the Town selects a preferred Respondent, the Town and the Development Firm will attempt to negotiate an Agreement for the Project.

Following the closure of the solicitation process , the Town will inform unsuccessful Respondents of the outcome. Before such closing, the Town’s designation of a preferred Respondent will not constitute a final award or selection under this RFQ, and this RFQ will remain open.

Nothing in this RFQ will bind either the Town or a preferred Respondent to enter into an Agreement, and each party will reserve the right to discontinue negotiations at any time.

Replacement of Key Personnel

The Respondent acknowledges that the continuity and stability of the Development Firm are critical to the successful evaluation of SOQs and the completion of the Project. After the selected Development Firm signs an Agreement with the Town, the Development Firm agrees not to proactively replace any Key Personnel on the Development Team without providing prior written notice to the Town detailing the qualifications of the proposed new personnel and how the change will not adversely affect the Project.

Notwithstanding the preceding, the Town acknowledges and agrees it will not interfere with the Development Firm’s employment decisions or internal management regarding its team members' selection, retention, and assignment.

Request for Qualifications:

Florence Mill Redevelopment

Part 8: Miscellaneous

Disclaimer

The Town assumes no responsibility for the completeness or the accuracy of any information provided in this RFQ or otherwise distributed or made available during the RFQ process, except as expressly stated to the contrary. Without limiting the generality of the foregoing, the Town will not be bound by or be responsible for any explanation or interpretation of the proposed documents other than those prepared in writing. The Town is not bound by any oral statements made by the Town or its agents, advisors, or consultants. Each Respondent may rely upon written statements issued by the Town in connection with this RFQ.

Addendum to RFQ

The Town reserves the right to amend this RFQ at any time by one or more written Addenda, which will be published in the same manner as this RFQ and provided to any Respondent who has submitted questions or a request to receive Addenda.

Interpretation

Unless the context requires otherwise: (a) pronouns of whatever gender will include natural persons, corporations, and associations of every kind and character; (b) the singular will include the plural and vice versa where and as often as may be appropriate; (c) references to statutes or regulations include all statutory and regulatory provisions consolidating, amending, or replacing the statute or regulation; (d) references to contracts and agreements will be deemed to include all amendments to it; (e) the words “include,” “includes,” and “including” are to be interpreted as if they were followed by either the phrase “without limitation” or “but not limited to;” (f) the word “must” or “shall” is mandatory; (g) word “should” indicates a preferred approach but is not mandatory; and (h) the word “firm” may be used to refer to any form of business association, including sole proprietor, partnership, limited liability company, or corporation.

Exhibit A: General Depiction of Property

Exhibit B: Zoning

Exhibit C: Environmental

Exhibit D: Historic Preservation

Exhibit E: Registration for National Register of Historic Places

END OF RFQ