RFP #05-25 Victoria Landing Development-600 Victoria Street.pdf

Victoria Landing Development 600 Victoria Street Hopewell, Virginia

Request for Proposal

INVITATION: #05-25 DATE: April 12, 2024

Sealed Proposals, subject to the general conditions and specifications hereby attached, will be received at the Office of the City Clerk, Second Floor, Municipal Building, 300 North Main Street, Hopewell, Virginia 23860 until, but not later than 11:00 a.m. Thursday, June 27, 2024.

1. In order to be considered for selection, Vendors must submit a complete response to this RFP. One

(1) original, three (3) copies, and a portable document format (pdf) version of the proposal shall be submitted to the City of Hopewell, Virginia.

2. Regardless of delivery method of proposal, the outside of each envelope must clearly indicate the following: (If Proposal is delivered by Federal Express, UPS, USPS Priority, etc. or any other means, the outside of each envelope must also clearly indicate):

Office of the City Clerk Second Floor

Municipal Building 300 North Main Street

Hopewell, Virginia 23860 Closing Date of Proposal: 11:00 A.M Thursday, June 27, 2024

Victoria Landing Development 600 Victoria Street Hopewell, VA

RFP # 05-25

3. Proposals by telephone, email or facsimile will not be accepted.

4. ANY PROPOSAL RECEIVED AFTER 11:00 A.M. ON THE AFOREMENTIONED DATE OF OPENING,

WHETHER BY MAIL OR OTHERWISE, WILL NOT BE CONSIDERED AND WILL BE RETURNED UNOPENED.

5. FOR YOUR BID TO BE CONSIDERED, IT MUST BE SUBMITTED ON THIS INVITATION FOR BID IN THE PLACES PROVIDED. VENDORS SHALL SIGN THIS FORM WITHOUT DETACHING FROM REST OF BID AND

MUST RETURN THE BID IN ITS ENTIRETY.

Nothing herein is intended to exclude any responsible firm or in any way restrict competition. The selection process will be competitive negotiation as outlined in Chapter 2A of the Code of the City of Hopewell, Virginia, and Section 2.2-4302.2 (Virginia Public Procurement Act) of the Code of Virginia.

Request for Proposal

All Proposals submitted must be signed by an individual authorized to bind the Offeror. Proposals submitted without such signature will be deemed non-responsive, and will not be considered. The City of Hopewell reserves the right to cancel the RFQ/RFP, to award in part or in whole, to waive all informalities, to reject any or all items of any proposal, or reject any and all proposals deemed to be in the City’s best interest. The City may modify any requirements in the RFQ/RFP prior to the deadline by written notice to any Offeror requesting a copy of the RFQ/RFP. The City may modify the project’s scope of services and required tasks during negotiation process with the successful Offeror. The City shall neither be obligated nor prohibited from awarding or amending any contract with the successful Offeror for services less than or greater than the scope of services contemplated in this proposal.

The right is reserved to extend any resulting contract, for terms to be mutually negotiated and agreed upon.

If you desire not to quote on this invitation, please forward your acknowledgement of NO PROPOSAL.

All proposals are subject to general terms and conditions hereby attached and will be rejected if not properly executed.

Individual contractors must provide their social security numbers and other types of firms must provide their federal employer identification numbers in the payment clauses to be included in contracts.

The City reserves the right to be sole judge and to make the award in accordance with its own judgment as to what will best meet its requirements and be in the best interest of the City.

Bidding and contracting procedures shall conform to all applicable regulations and provisions of the City of Hopewell Procurement Ordinance effective July 11, 2017; a copy of which is available on the City’s website (www.hopewellva.gov) under the tab GOVERNMENT, section LAWS/ORDINANCES. Click the link at the bottom of the page and click Chapter 2A-Procurement to view the Procurement Ordinance.

Felicia Ashburn Procurement Officer

Note of Clarification:

All References to BID contained within this Invitation should be referred to as PROPOSAL.

NO QUOTED PRICES FOR SERVICES ARE TO BE INCLUDED.

http://www.hopewellva.gov/

NAME OF ORGANIZATION TELEPHONE NUMBER

STREET ADDRESS FAX NUMBER

CITY, STATE, ZIP CODE EMAIL ADDRESS

NAME (TYPE OR PRINT) OFFICIAL TITLE

SIGNATURE DATE

STATE CORPORATION COMMISSION ID# IRS I.D. #

State Corporation Commission Form

Virginia State Corporation Commission (“SCC”) registration information:

The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number:

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out- of-state location) -OR-is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the City reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: Date: _____________________

Name:

Print

Title: _________________________________

Name of Firm:

Section 1. General Information Project Summary The City of Hopewell (“City”) invites qualified real estate developers (Respondents’) to submit qualifications and full proposals for consideration to purchase and redevelop 11.91 acres of City-owned property located at 600 Victoria Street (“Property”, see Exhibit A). Because of its proximal location to the Appomattox River and the historic downtown, the City considers this site an important and unique opportunity to create a high-quality residential community with recreation amenities and waterfront access. Although this RFP is for the transfer and development of real estate and, therefore, not subject to the Virginia Public Procurement Act, the RFP process is similar to that used for procurement of goods and services

Development Objectives The City’s development vision for the Property is that of a high-quality, pedestrian-oriented residential townhome community with recreation amenities for residents and waterfront access for residents and the general public. Given the proximity to historic downtown Hopewell, the City is seeking to increase residential density to expand market-rate housing options and increase the resident population that provides regular business for our downtown establishments. The City will consider proposals for age-restricted development where the Respondent can demonstrate such restriction will further this vision and have a positive fiscal impact.

The City has developed a conceptual vision plan (Exhibit B) that would provide 52 townhomes along with recreation space and expansion of the Appomattox River Trail system through the Property. The proposed vision considers environmental and topographical site constraints and incorporates comments from City departments, Planning Commission, and City Council. Additional development objectives desired for the Property are identified in Section 3.

Section 2. Background Community Overview Located at the confluence of the Appomattox and James rivers, the City of Hopewell is home to nearly 25,000 residents who enjoy a rich mix of entertainment options, outdoor recreation, significant historic sites, family-friendly amenities, great local dining, and a historic downtown. Just 21 miles from Richmond, Hopewell offers direct access to I-295 and Route 10 with easy connections to I-64, I-85 and I- 95.

Hopewell has strong transportation, utility, cultural, and workforce development networks that have produced a strong manufacturing base as well as medical, retail, and service development. Hopewell’s business-friendly climate and strong business incentives have helped countless companies plant roots and flourish. Major employers in Hopewell and the immediate vicinity include Advansix, WestRock, Ashland Chemical, Evonik, TriCities Hospital, and Fort Gregg-Adams. Additionally, the new LEGO production facility in Chesterfield County is located only 10 minutes from Hopewell.

In addition to supporting private business, the City has invested in the revitalization of its downtown core. Over the last decade, Hopewell has devoted millions to build a state-of-the-art library, create a boardwalk along the Appomattox River, build an expansive bicycle network, and restore and transform the historic Beacon Theater into a performing arts center. An accredited Main Street Community, downtown Hopewell boasts year-round events that attract residents and visitors alike. Other popular tourism amenities include National Park Service City Point Unit, Weston Manor, and the Appomattox River Trail.

The City of Hopewell continues to invest in its future with the implementation of a Comprehensive Plan centered around new development and redevelopment radiating from Downtown into the City’s contiguous districts. The Victoria Landing development project is one of many projects identified in the Comprehensive Plan to bolster development and revitalization in the City of Hopewell.

Property Overview The Property is situated in a residential area with direct access to the Appomattox River. The Property is adjacent to the Weston Manor historic site and located approximately 5 minutes to Hopewell’s historic downtown, TriCities Hospital, Route 10, and less than 15 minutes from I-295 and Fort Gregg-Adams.

Property information for the subject development site is provided in Table 1. The City has conducted preliminary site investigations, to include a site survey, topography, wetlands delineation, floodplain delineation, and Chesapeake Bay Preservation Area delineation (Exhibit C).

Table 1. Property Overview Location 600 Victoria Street Area 11.91 Acres Ownership City of Hopewell Use Vacant Current Zoning R-2 with proffers limiting the use to single family detached residential Chesapeake Bay Preservation Area

Resource Protection Area and Resource Management Area are present on the property.

Flood Zone Flood Zone A is present on the property Utilities Hopewell Water Renewal, Dominion Energy, Virginia American Water Co.

Section 3. Development Requirements Entitlement and Permitting The Respondent will be responsible for all required permits, fees, and approvals necessary for the construction of the project, to include, but not limited to, rezoning, subdivision, environmental and stormwater, land disturbance, site plans, and building permits.

**Please note there are existing infrastructure (Water, sewer, Electrical, Telephone) on the property from a former development that was built in the early 1980s. The City of Hopewell does not guarantee or warranty in anyway the condition of these improvements.****

In order to accomplish the development vision for the Property, City Council approval of a zoning map amendment (rezoning) will be required. The Respondent shall prepare a rezoning application that demonstrates substantial conformance to the requirements of the zoning and subdivision ordinances (www.hopewellva.gov/zoning) and the requirements herein. The anticipated zoning district is R-4 with Planned Unit Development Overlay.

Rezoning application requirements are provided under Zoning Ordinance Article VIII, Planned Developments, Section M, and Article XXI, Amendments. City staff will work with the Respondent to ensure that the application incorporates proposed concept plans, building elevations, amenities and public improvements, and design standards for the development.

Design Standards The Respondent will develop the Property as a high quality, pedestrian oriented, residential community.

The Respondent will establish design standards that will control items such as compatibility of building materials and appearance, colors, signage, landscaping, parking lot lighting, and appropriate screening, buffering and setbacks for every parcel and building. The design standards and final townhome unit elevations, including materials and colors, shall be subject to review and approval by the City.

The City has a preference for developments that incorporate the following requirements, which the Respondent shall incorporate into its design standards and building elevations. Deviations from these standards shall be justified by the Respondent and approved by the City.

1. Architectural design, materials, and detailing shall be aesthetically pleasing on all facades.

Building form, scale, and proportions shall be harmonious with the design of the development and shall be “pedestrian friendly” in orientation.

2. Exterior building materials (above grade and exclusive of trim) shall be of high-quality design and include brick, stone, stone veneer, or fiber cement. Roofing materials shall include multidimensional shingles, standing seam metal, or other material of equal or higher quality as approved by the City.

3. Exterior building and unit elevations shall vary in color, materials, and detail. Façade variation should include building projections, such as bay windows, porches, or balconies, and rooflines with gables or dormers. No two attached units shall have the same elevation, color scheme, or roofline. No two adjacent townhome buildings shall have the same identical elevation sequence pattern or color scheme across the front of the building.

4. An unbroken, single-plane façade that comprises the entire front elevation of a townhome building shall be prohibited. A minimum offset of 18” shall be required between each unit.

5. All units will have a minimum 36” water table of brick, stone, cultured stone, or other acceptable masonry material on all front and side elevations and on rear elevations visible from http://www.hopewellva.gov/zoning https://www.hopewellva.gov/DocumentCenter/View/1518/Article-VIII---PUD-Planned-Developments--June-2018-PDF https://www.hopewellva.gov/DocumentCenter/View/1518/Article-VIII---PUD-Planned-Developments--June-2018-PDF https://www.hopewellva.gov/DocumentCenter/View/1533/Article-XXI---Amendments---Amended-by-CC-10-13-09-PDF the right-of-way. Exposed concrete and concrete masonry unit (CMU) block shall not be visible from the right-of-way or gathering areas.

6. Consideration shall be given to end wall and rear elevations, especially when visible from streets and public gathering places. All end and rear elevations shall have at least two windows per side, and no more than two attached units shall have the same rear siding color.

7. Exterior trim and detailing shall reinforce the character and architectural style of the development and may consist of wood, fiber cement, masonry, simulated wood product, metal or vinyl cladding, or similar quality material. All units shall have upgraded window and door trim consisting of minimum 4” wide trim, crown, and/or masonry detailing on all front and side facades visible from the right-of-way or public gathering areas.

8. Driveways shall be either asphalt, concrete, or brick/concrete paver. Placement of driveways will be such that street tree plantings are not eliminated. If asphalt is used, the concrete apron shall be extended into the driveway to match the sidewalk so that visually the sidewalk is not divided by a portion of asphalt.

9. Mechanical equipment will be screened from right-of-ways and gathering spaces by evergreen landscaping, masonry, stone, and/or composite material compatible with the building.

10. Design standards shall identify the appropriate placement and design of accessory structures and decks.

11. All walks are to be concrete or brick/concrete pavers, except as may be approved for the Appomattox River Trail pedestrian and bicycle facilities which may consist of asphalt shared use path, wooden boardwalk, mulched trails, or other material as approved by the City.

12. High visibility crosswalks shall be provided at all intersections. Crosswalks with alternate paving materials (e.g., brick, stamped concrete) may also be used to give a visual and textural transition between vehicular and non-vehicular movements.

13. The entrance to the development shall provide an attractive gateway design with signage, landscaping, and other gateway elements as may be proposed by the Respondent and approved by the City. The entrance sign shall be monument style and incorporate brick or stone materials.

14. On street parking shall be provided along internal streets, where feasible, to facilitate access, enhance pedestrian activity, and provide traffic calming.

15. Retaining walls visible from the public right-of-way, gathering spaces, or residences shall incorporate decorative elements, such as masonry, stamped stone, and other architectural elements, or shall be fully screened with vegetation.

16. Fencing and walls shall consist of masonry, stone, precast concrete, metal, or composite wall/fence. Chain link fencing shall be prohibited.

17. Attractive native or non-invasive landscaping will be incorporated throughout the development, including street trees, minimum 20 percent tree canopy, and foundation landscaping for all units.

18. Consideration of Crime Prevention through Environmental Design (CPTED) principles should be demonstrated in the design standards.

Public Improvements The Respondent shall design, bond, and install at its cost the following public improvements:

1) All necessary frontage improvements and internal roads. For all public roads adjacent to or within the Property, the Respondent shall (i) design, bond, and construct all required curb, gutter, and sidewalk; (ii) bond and install street lights; and (iii) design, bond, and construct pedestrian crosswalks at all intersections.

2) Bicycle and pedestrian facilities providing public trail access to and along the waterfront in accordance with the Appomattox River Trail master plan.

3) Recreation areas and amenities for the use of residents of the neighborhood to include a playground, community pavilion, pickle ball court, benches, and bike racks. The Respondent may propose alternative recreation amenities, which will be subject to review and approval by the City.

4) All utility connections and stormwater infrastructure required to support the development.

5) Decorative entrance and directional signage throughout the community.

6) Offsite improvements to include providing continuous sidewalk from the Property to Woodbine

Street and milling/paving Victoria Street from the Property to Woodbine Street.

7) Perimeter fencing to replace the existing fence on the eastern property line to provide effective and attractive screening of the community from adjacent properties.

8) Other public improvements as identified through the development agreement and/or rezoning process.

Other Requirements

1) The Respondent will establish a homeowner's association, of which all property owners will be members. The association will be responsible for review procedures to ensure on-going maintenance of the buildings, landscaping, and infrastructure on the Property. The association shall be responsible for the maintenance of common areas, the landscaping of common areas, and the maintenance of stormwater infrastructure as well as trails and sidewalks located outside of the public rights-of-way. Association documents shall be subject to City review and approval.

2) The Respondent shall purchase and install one license plate reader surveillance system at the entrance to the development to be conveyed to the City.

Section 4. Submittal Requirements Response Format General Requirements

1. Proposals must be in an 8 ½” x 11” electronic format with standard text no smaller than 11 point font. The margins on each page should not be less than 1 inch and the line spacing should not be less than 1.1”, excluding charts and graphics. Proposals should be organized and outlined in the format described below, including major section titles

Response Format Specific Details

A. Letter of Transmittal

1. The letter of transmittal should include the Respondent’s name, contact person for the Proposal (with name, address, telephone number, and email address), signature of the authorized representative, and a designation of the responsible legal entity that would sign a contract with the City if the Proposal is accepted.

2. In the letter of transmittal, the Respondent should also confirm in writing that:

a) It is a legal entity and is registered to do business in the Commonwealth of Virginia with the

State Corporation Commission (the “SCC”)

b) The Proposal is genuine and without collusion in all respects.

c) That the contact person is authorized to act on the Respondent’s behalf

d) That the Proposal shall remain valid for at least 180 days unless withdrawn by Respondent as permitted by this RFP.

B. Table of Contents

1. Indicate significant elements of the Proposal by subject and page number. If the Proposal contains appendices, include a listing of the items included.

C. Executive Summary

1. Provide an executive summary of the key elements of the Proposal, focusing on the City’s objectives as described in this RFP.

D. Development Team Membership, Organization and Management.

1. Provide a description of the legal entity that will enter into any contract with the City. Further, provide a description of related or unrelated entities that may take a primary role in an element of the overall Project.

2. Please list the current Development Team Members, role in the project, legal relationship among the members (e.g., partners, shareholders, client- consultants, subcontractors, etc.), primary contact name and contact information including email and phone number.

E. Development Team Qualifications

1. Please provide a Summary of Qualifications and approach to performing the work and meeting the City’s goals based on the development team’s skills, past performance and experiences.

F. Relevant Experience

1. Please provide a description of no more than three (3) comparable projects. Each description should generally include the following:

a) Name, location and description of the type of project including project size.

b) The member(s) of the proposed redevelopment team that were involved and the services they performed.

c) Project specifics

(1) Contact information for a project reference not associated with this proposal.

(2) Project construction budget.

(3) Project start and end dates.

(4) Experience providing opportunities for minorities and women to participate in the development.

G. Development Plan

1. The Development Plan should detail any proposed deviations from the vision plans included in the RFP.

2. An anticipated Project schedule detailing the duration (in number of months) and dates for key milestones beginning at initial selection through completion of construction

3. Additional information

a) Any other information to assist the City in its evaluation of the Proposal including a statement of why the City should select the Developer and its Development Team.

H. Financial Proposal

1. Financial Plan

a) Offering amount to purchase the property.

b) Provide a description of the strategy for obtaining financing and anticipated sources of Project financing.

c) Development budget cost estimates – both hard and soft costs associated with the construction of the project.

Section 5. Submission and Process and Deadline

A. Respondent Registration

1. Development Teams considering the submission of a Proposal that wish to be included in all interim communications concerning this RFP process must become a Registered Respondent by submitting in writing the name, title, company, address, phone number, and email address of the primary point of contact for the Respondent to: cbennett@hopewellva.gov no later than May 3rd, 2024.

Please include “Victoria Landing Site Redevelopment” in the subject line. While registration is not required to propose, it is highly encouraged that developers do so.

B. Submitting Responses

1. RFP responses should be delivered to the City by June 27, 2024 by 11:00 AM Eastern Standard Time. Please, submit one complete pdf electronic file with cover letter addressed to: City of Hopewell Attn:

Charles J Bennett, Director of Economic Development and Tourism City of Hopewell mailto:cbennett@hopewellva.gov

300 N. Main Street, Suite 214 Hopewell, VA 23860 Office 804.541.2270 Cell Phone 804.640.3482 cbennett@hopewellva.gov

2. Responses should be submitted on a new USB Flash Drive. There is no need to provide a paper copy and a paper copy alone will not be considered responsive to this RFP.

3. Responses received after the deadline or at a location other than that stated above will not be considered.

C. Withdrawal

1. Respondents may, at any time after proposal submission and before the city has entered into an agreement with a developer, withdraw their proposal for this project. The notice to withdraw must be made in writing, signed by the same entity that submitted the proposal, and submitted to the RFP Point of Contact at Charles Bennett cbennett@hopwellva.gov..

Section 6. Evaluation and Selection Process

A. Evaluation Schedule The schedule for the selection of the developer is as follows:

1. Distribute RFP –4/12/2024

2. Optional Letter of Interest (highly encouraged) – 5/3/2024

3. Pre-proposal meeting, if needed – 5/22/2024

4. Sealed Proposals Due – 6/27/2024

5. Presentations by Selected Respondents – Week of 7/24/2024

6. Selection of Development Team (Target) – 8/9/2024

7. Notification of Selected Developer Team(s) – 08/15/2024

8. Contract Negotiations – 09/01/2024 – 11/1/2024

B. City of Hopewell Review

1. The City of Hopewell at its discretion, may establish a review committee to evaluate the

Proposals. The City will then determine the appropriate next steps, if any, for the process.

2. After the initial review of the Proposals, the City will begin the process of selecting the

Proposal that is most favorable to the City. As part of that process, one or more Respondents may be asked to:

a) Submit additional information.

b) Present its proposal to a review committee.

c) Review and comment on draft transaction documents.

d) Provide revised or final pricing.

mailto:cbennett@hopwellva.gov

e) Appear before the City Council, City Administration, or other project-related organizations to make presentations.

f) Conduct other discussions with the City, or its representatives for RFP- related purposes.

g) Take such other action as the City deems helpful to the evaluation and selection process.

C. Negotiations and Selection

1. Following the final review and any presentations, The City of Hopewell will make its determination as to the most appropriate response to the Proposals and may enter a contract with the successful Respondent(s). If unable to complete and execute a contract with the selected Respondent(s) within a reasonable period, the City reserves the right, in its sole discretion, to extend or suspend the negotiations, begin negotiation with another Respondent(s), or terminate all negotiations.

E. Reserved Rights and Options

1. Respondents are encouraged to be thorough in addressing the specific requirements and scope of work and submittal requirements set forth in this RFP. The City reserves the right to determine a proposal is incomplete. Further, the City reserves and holds the right, at its sole discretion, to:

a) Accept any Proposal.

b) Reject any or all Proposals.

c) Not enter into a transaction with any Respondent.

d) Terminate consideration or evaluation of any Proposal at any time, for any reason.

e) Suspend, discontinue, or terminate the RFP process for any reason.

f) Negotiate with a selected Respondent without being bound by any provision in a

Proposal.

g) Request or receive additional information regarding any Proposal.

h) Revise, supplement, withdraw, or cancel all or part of this RFP for any reason.

i) Conduct investigations with respect to the qualifications and experience of

Respondents.

j) Change or deviate from anything specified in this RFP.

k) Evaluate alternative operational and financial models.

l) Request clarifications. m) Take any other action affecting the RFP or the process that is in the City’s best interest.

F. Notifying Unsuccessful Respondents

1. The City will notify unsuccessful Respondents at a time the City deems appropriate.

Section 7. Evaluation Criteria A. Best Value

1. The City will choose the proposal that provides the best value to the City and impact to the Project Area, in keeping with the development objectives above.

B. City Discretion

1. Evaluation of proposals will be within the discretion of the City. The City reserves the sole right to judge the Respondent's representations, either written or oral, as to their veracity, substance, and relation to the project scope.

C. Proposal Scoring

1. Upon receipt of the proposals, the City will evaluate all materials submitted by responding firms and rank the proposals using a 100-point scale. While the City’s review will encompass the entirety of the submissions, in evaluating the Proposals, the city will focus on the following key factors:

a) Development Team Capacity (20) - The Respondent’s ability to develop this project.

Team Capacity will be evaluated on the following: (1) Years and breadth of experience (Company and Team). (2) Strength of professional, financial and project references. (3) Diversity of team and ownership structure.

b) Development Plan (20) - The adherence to the Development Objectives.

c) Project Timeline Plan (20) – Comprehensive, realistic and proactive timeline that demonstrates completion of development in the most efficient manner to place housing in service.

d) Economic Impact (20) - The net economic benefit to the City; how successfully and completely the proposal meets the City’s fiscal-and community-related Project Goals. How does the Proposal align with the overall best interests of the City?

e) Financial Capacity and Plan (20) - The plan to secure construction financing for the project and demonstrated financial strength of the equity investor(s). Show the team’s capacity to implement the project on a timely basis and see it to its completion.

C. While the City will endeavor to adhere to the schedule outlined in Section IX., the City reserves the right to amend or deviate from that timeline for any reason.

D. The City will consider the most competitive proposals to be those that provide the “Best Offer” of value, in keeping with the development objectives.

E. The cost of constructing public facilities infrastructure necessitated by the proposed project shall be included in the evaluation of the project’s total cost. The Respondent may separately itemized in order to allow the City to evaluate the proposal in the event that the City might elect, at its sole discretion, to contribute all or some of the cost of constructing new such infrastructure.

F. The City’s expectations in meeting its financial goals and objectives regarding this development opportunity will also be considered.

Section 8. Miscellaneous Conditions

Costs of Preparation

A. Proposals are to be prepared at the sole cost and expense of the Respondents, with the express understanding that there may be no claims whatsoever for the reimbursement of any costs, damages, or expenses related to this RFP from the City or their officers, employee

Accuracy of the RFP and Related Documents

A. The City assumes no responsibility for the completeness, or the accuracy of specific technical and background information presented in this RFP or otherwise distributed or made available during this RFP process. No persons other than those referenced in this RFP have been authorized by the City to provide any information other than that contained in this RFP, and, if given, such other information should not be relied upon as having been authorized by the City.

B. Respondents are responsible for reviewing and becoming familiar with all available documents pertaining to the Project and the Project Area. Specifically, it is the obligation and responsibility of each Respondent submitting a Proposal to:

1. Review the terms of this RFP so that it is familiar with all aspects of it.

2. Analyze all applicable federal, state and local laws, regulations, ordinances, permits, approvals and orders that may affect the cost, performance, or furnishing of the development set forth in the Respondent’s Proposal.

3. Notify the RFP Point of Contact, prior to the submission of responses to this RFP, of any conflicts, errors, omissions, or discrepancies herein. It is the Respondent’s responsibility to ensure that it proactively addresses any questions, issues, or concerns related to the RFP or the RFP process.

Legal Issues

A. No Suspension or Debarment.

1. By submitting the information called for by this RFP, the Respondent submitting the information certifies that neither it nor those within its organization (including partners and subcontractors) are under suspension or debarment by any governmental entity, instrumentality, or authority. Please provide:

a) A list of any projects on which the Developer, its parent company, or any member of the Development Team has defaulted or declared bankruptcy, and an explanation of each default or bankruptcy.

b) Detailed information regarding any criminal indictments or felony convictions of the Developer or any principal, officer, director, partner, member, manager or equivalent of any person or entity constituting a member of the Development Team.

B. Compliance with Applicable Law

1. Respondents are responsible for ensuring that their Proposal, as submitted, complies with all applicable legal requirements. In addition, the successful Respondent shall furnish the City upon request all documentation regarding necessary licenses, permits, certifications, or registrations required by the laws or rules and regulations of the City, the Commonwealth of Virginia, and the United States.

2. By submitting its Proposal, the Respondent certifies that it is now and will remain in good standing with such governmental agencies and that it will keep its licenses, permits, certifications, and registrations in force during the term of any contract entered into for the acquisition and development of the Project. Any deviation from good standing shall require immediate notification to Charles Bennett, cbennett@hopewellva.gov.

3. All responsibilities that the Respondent and its approved partners and subcontractors perform under any resulting agreements must be performed in accordance with applicable law (including all applicable governmental approvals). The Respondent shall immediately remedy any failure to comply with applicable law at its expense and shall pay any fines and penalties related thereto.

C. Selection Non-Binding

1. The City’s selection of a preferred Respondent(s) indicates only that the City’s intent is to negotiate with the Respondent(s), and the selection does not constitute a commitment by the City to execute a final contract with the Respondent. Respondents therefore agree and acknowledge that they are barred from claiming to have detrimentally relied on the City, its employees, agents or representatives’ actions for any costs or liabilities incurred as a result of responding to this RFP. Further, Respondents acknowledge that while employees, agents, or representatives of the City will be involved in negotiation with the Respondent, any agreements between the City and a Respondent are subject to the approval of the Hopewell City Council, and some approvals, actions, and determinations may be undertaken by other entities.

Section 9. Communication and Confidentiality A. Communication

1. The RFP Point of Contact is Charles Bennett, Director of Economic Development and Tourism, City of Hopewell. All questions or other issues should be directed to Charles Bennett at cbennett@hopewellva.gov. Please include “Victoria Landing Site Redevelopment” in the subject line of any correspondence.

2. The City seeks to conduct a transparent, fair, and highly competitive RFP process free of conflicts of interest. Therefore, during the time that the RFP is available for response as well as during the city’s deliberative process following submission, communications regarding the Site between potential Respondents, including their agents or representatives, and anyone associated with the City, including employees, elected officials, agents, representatives, and individuals employed by an Associated Entity, are prohibited with the exception of communications with Director, Charles Bennett.

Potential Respondents may communicate with the RFP Point of Contact as outlined in this document to request information or to facilitate direct communication with an Associated Entity. The City at its sole discretion, will facilitate those discussions, if they are to occur.

3. The RFP Point of Contact may facilitate conversations between the City and Respondents for the purpose of clarification to ensure full understanding of, and responsiveness to, the RFP. Further, the RFP Point of Contact may, at her sole discretion, include other Associated Entities in those discussions.

B. Confidential Information

1. All responses and related materials are the property of the City of Hopewell and will not be returned. At the conclusion of the process, the city may retain or may dispose of all materials received from Respondents consistent with its obligations under the Virginia Public Records Act, Va. Code §§ 42.1-76 et. seq. In no event will the city assume liability for any loss, damage, or injury that may result from any disclosure or use of proprietary information. Respondents should be aware that records of the city including records submitted by Respondents in response to this RFP are subject to all provisions of the Virginia Freedom of Information Act regarding access to public records. (See Va. Code §§ 2.2-3700

et. seq.)

2. By submitting a proposal response, each Respondent acknowledges and agrees that any ideas, intellectual property, improvements, or other suggestions will not be subject to any restrictions on use by the City or any other entity and will become a public record under Virginia law. Except as otherwise required by law, none of the responses will be made available to the public until after the City determines to enter a specific contract or to not enter into any contract as a result of this RFP.

3. If Respondents provide information that they believe is exempt from mandatory disclosure under Virginia law, Respondents shall include the following legend on the title page of the response:

“THIS PROPOSAL CONTAINS INFORMATION THAT IS EXEMPT FROM MANDATORY DISCLOSURE.” In addition, on each page that contains information that Respondents believe is exempt from mandatory disclosure under Virginia law, Respondents shall include the following separate legend: “THIS PAGE CONTAINS INFORMATION THAT IS EXEMPT FROM MANDATORY DISCLOSURE.” On each such page, Respondents shall also clearly specify the exempt information and shall state the specific Code of Virginia section and exemption within which it is believed the information falls.

4. Although the city will consider Respondent’s designation that information is exempt from disclosure, the city will independently determine whether the information designated by Respondents is exempt from mandatory 10 disclosure. Moreover, exempt information may be disclosed by the city, at its discretion, unless otherwise prohibited by law, and the city shall have no liability related to such disclosure. In all cases, the city will adhere to the Virginia Freedom of Information Act (Va. Code § 2.2- 3700 et. seq).

GENERAL TERMS AND CONDITIONS

A. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and the City of Hopewell, Virginia; any litigation with respect thereto shall be brought in the courts of the City. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. This compliance includes obtaining a City business license, if required, before work is performed.

B. EMPLOYMENT DISCRIMINATION/DRUG-FREE WORKPLACE BY CONTRACTOR: By submitting the bids/proposals, the bidders/offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and §2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with the City to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the City. (Code of Virginia, § 2.2-4343.1E).

Every contract over Ten Thousand Dollars ($10,000) shall include the provisions below. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability or other basis prohibited by state law relating to discrimination employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements of this section.

4. To provide a drug-free workplace for the contractor’s employees.

5. To post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

6. To state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

The contractor will include the provisions of the foregoing paragraphs 1, 2, 3, 4, 5 and 6 in every subcontract or purchase order over Ten Thousand Dollars ($10,000) so that the provisions will be binding upon each subcontractor or vendor.

C. DIRECT TAXES: All bids/proposals shall be submitted exclusive of direct federal, state, and local taxes. However, if the bidder/offeror believes that certain taxes are properly payable by the City, he may list such taxes separately in each case directly below the respective item bid/proposal price. Tax exemption certification will be furnished on request.

D. INDEMNITY: All contractors agree to defend, indemnify and hold harmless, the City and its council, officers, employees, agents, and other representatives from and against any and all claims, damages, demands, losses, costs and expenses, including attorney’s fees, and any other losses of any kind or nature whatsoever including claims for bodily injuries, illness, disease, or death and physical property loss or damage in favor of contractor, its sub-contractors, their employees, agents, and third parties arising during the performance of services and resulting from tort, strict liability, or negligent acts or omissions of contractor, its sub-contractors and their employees or agents under the agreement, or resulting from breaches of contract, whatever by statue or otherwise.

Each contractor shall assume the responsibility for damage to or loss of its material, equipment or facilities located at any site and, in order to effect this limitation of liability, each contractor will agree to insure or self-insure such property against any such risk.

E. SALES TAXES: The City is exempt from payment of state sales and use tax on all tangible personal property purchased or leased for the City’s use or consumption and a certificate of exemption will be furnished upon request.

F. QUOTATION FORM: The bidder/offeror must sign and properly fill out all forms in this invitation for bid/proposal or be subject to being declared unresponsive. If unable to submit a bid/proposal, please sign and return this solicitation form, advising reason for no bid/proposal.

G. CONTRACTOR’S DEFAULT: In case of default of a contractor, the City may procure the articles or service from other sources and hold the contractor responsible for any excess cost incurred.

H. COMPUTATION OF TIME FOR DISCOUNTS: Time in connection with discount offered will be computed from date of delivery of the supplies or materials to carrier when final inspection and acceptance are at those points or from date correct invoice is received if latter is later than the date of delivery.

I. ETHICS IN PUBLIC CONTRACTING: By submitting bids/proposals, the bidders/offerors certify that the bids/proposals are made without collusion or fraud and that the bidders/offerors have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with the bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

J. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the materials, quality, workmanship, or performance of the items offered in this bid/proposal prior to their delivery, it shall be the responsibility of the successful bidder/offeror to notify the City at once, indicating in writing the specific regulation which requires such alterations. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

K. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the

City, the contractor will certify that the contractor does not, and shall not during the performance of the contract for goods and services in or for the City, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

L. DEBARMENT STATUS: By submitting bids/proposals, the bidders/offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

M. ANTITRUST: By entering into a contract, the contractor will convey, sell, assign, and transfer to the

City all rights, title and interest in and to all causes of action they may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City under said contract.

N. PRECEDENCE OF TERMS: Paragraphs A-N of these General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

O. TESTING AND INSPECTION: The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

P. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the City.

S. AUTHORIZATION TO TRANSACT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or non-stock corporation, limited liability company, business trust, limited partnership, or other entity, or registered as a registered limited liability partnership shall be authorized to transact…