REQUEST FOR PROPOSALS
Respondents are invited to submit proposals in conformance with the requirements described herein:
PART 1 – PROPOSALS
1.1 PURPOSE:
The City of Boulder City, Nevada, a municipal corporation located at 401 California Avenue, Boulder City, Nevada (the “City”) is seeking proposals from Respondents who are knowledgeable in and have the ability to purchase land, plan, finance, develop, construct and operate a residential development. The ultimate, successful Respondent(s) will be an integral part of continuing City efforts to maintain and improve our image as a very desirable place to live, learn, work and play and will be expected to conduct their activities in compliance with the highest standards. The City is seeking proposals from Respondents to purchase property from the City for the purpose of developing a residential subdivision. The City must comply with Nevada Revised Statutes relating to the disposal of property, and the minimum acceptable purchase price is three
hundred thousand dollars ($300,000.00) per acre. Total acreage offered with this proposal is 30.63 acres for a total minimum bid of nine million one hundred eighty nine thousand dollars ($9,189,000.00).
1.2 CONTACT PERSON:
All communication regarding this RFP must be made in writing and directed to Brok Armantrout, Community Development Director, 401 California Ave, Boulder City, NV 89005 or to [email protected] or by fax at (702) 293-9392, or by hand delivery at City Hall, 401 California Avenue, Boulder City, Nevada.
1.3 PRE-PROPOSAL CONFERENCE AND SITE TOURS:
There will be one (1) pre-proposal conference and site tour held on November 29, 2016. The proposal conference and site tour will start at 10:00 a.m. in the Large Conference Room at City Hall, 401 California Avenue, Boulder City, Nevada. The City will not provide transportation to the site, but will direct Respondents to the site. Respondents are encouraged, but not required to attend the proposal conference for this RFP.
1.4 WRITTEN QUESTIONS:
Respondents may submit written questions. The City will endeavor to respond in writing to requests for information within two (2) working days; however, the City makes no assurance that written responses will be tendered if, in the opinion of the City, such information is evident in the RFP or goes beyond the intended scope of this solicitation. Any written responses to questions made shall be sent to all prospective Respondents who have requested a copy of this RFP and who have returned the Vendor’s Contact Information form to the City.
1.5 AMENDMENTS OR CANCELLATION OF THIS RFP:
If this RFP requires amendment, written notice of the amendment will be given to all prospective Respondents identified in Section 1.4 and posted on the City’s website. Receipt of amendments must be acknowledged in writing by prospective Respondents to Brok Armantrout. Acknowledgement by facsimile or e-mail is permitted. The City reserves the right to modify, amend or cancel this RFP if the City determines, in its sole discretion, that it is in its best interest to do so.
1.6 SUBMISSION REQUIREMENTS:
Three (3) copies of responses (including one electronic copy in PDF format) must be received and time-stamped no later than
2:30 p.m. Pacific Daylight Time, Thursday, January 26, 2017 EXTENDED TO 2:30 p.m. Pacific Daylight Time, Thursday, March 23, 2017. All responses must be marked “RFP for Tract 349 – Residential Land Purchase”. After opening and review, City staff will make recommendations for award to the City Council who will determine which Respondent(s) the City will enter into negotiations for a land purchase agreement (the “Agreement”).
1.7 DISCLOSURE:
Proposals submitted in response to this RFP are subject to disclosure pursuant to Nevada Revised Statutes. Respondents must identify specifically those portions of their proposals, if any, which they deem contain confidential or proprietary information or trade secrets and must provide justification why such materials should not be disclosed pursuant to the Nevada Revised Statutes This confidential information will be for staff consideration and will remain confidential until the recommendation by staff is forwarded to City Council. Appropriately identified proprietary respondent information will remain confidential as provided for in the applicable Federal and Nevada statutes.
1.8 INCURRED EXPENSES AND RESPONSIBILITY:
The City is not responsible for any expenses the Respondents may incur in preparing and submitting proposals. Responding to the RFP creates no contractual or other rights to a Respondent, nor is any obligation incurred on the part of the City by receipt of the proposal. Failure by the City to select any Respondent for negotiations shall create no claim, or cause of action, legal or equitable, including but not limited to, damages for Respondent’s cost of preparation.
1.9 PROPOSAL IS PROPERTY OF THE CITY:
The information submitted by Respondents and received by the City shall become the property of the City and, in particular, the City has the unqualified right to utilize the information received from any Respondent in negotiations or contracting with that Respondent. Proposals submitted to the City will become the sole property of the City and, concomitantly, Respondent must waive and forfeit any and all proprietary rights in and to the information or contents of its submission or proposal. Any resulting
contract will be subject to future negotiations and subsequent City Council approval.
1.10 ACCEPTANCE OF TERMS AND CONDITIONS:
By submitting a proposal in response to this RFP, the Respondent accepts all terms and conditions set forth in this RFP.
1.11 TERMS AND DEFINITIONS:
City means the City of Boulder City, Nevada, a municipal government.
Owner/Builder Lot means a fully improved lot ready for construction of a new dwelling unit by an individual for their own use and occupancy. This does not mean a fully improved lot that a home is subsequently constructed by the developer or contractor as a pre-sold spec home or custom home.
Tract 349 means an approximately 30.63 acre site located at the southeast quadrant of the intersection of Adams Boulevard at Bristlecone Street. The side is bordered by Adams Boulevard on the north, Bristlecone Street on the west, and two residential developments on the east and south.
RFP means this Request for Proposals.
Respondent means the person or entity responding to this request, as well as the contractor who may ultimately be selected to perform the work contemplated by this Request and the firm and its permitted successor and assigns.
1.12 GUARANTY:
The City will require some form of financial assurance from the successful Respondent. The City may request a letter of credit or performance bond from the successful Respondent in an amount not to exceed $50,000 as an assurance the Respondent will enter into negotiations and a purchase agreement. A Respondent proposing to create a Limited Liability Company (LLC) for the project MUST sign a parent guarantee.
The City of Boulder City, Nevada, a municipal corporation located at 401 California Avenue, Boulder City, Nevada (the “City”) is seeking proposals from Respondents who are knowledgeable in and have the ability to purchase land, plan, finance, develop, construct and operate a residential development. The ultimate, successful Respondent(s) will be an integral part of continuing City efforts to maintain and improve our image as a very desirable place to live, learn, work and play and will be expected to conduct their activities in compliance with the highest standards. The City is seeking proposals from Respondents to purchase property from the City for the purpose of developing a residential subdivision. The City must comply with Nevada Revised Statutes relating to the disposal of property, and the minimum acceptable purchase price is three
hundred thousand dollars ($300,000.00) per acre. Total acreage offered with this proposal is 30.63 acres for a total minimum bid of nine million one hundred eighty nine thousand dollars ($9,189,000.00).
1.2 CONTACT PERSON:
All communication regarding this RFP must be made in writing and directed to Brok Armantrout, Community Development Director, 401 California Ave, Boulder City, NV 89005 or to [email protected] or by fax at (702) 293-9392, or by hand delivery at City Hall, 401 California Avenue, Boulder City, Nevada.
1.3 PRE-PROPOSAL CONFERENCE AND SITE TOURS:
There will be one (1) pre-proposal conference and site tour held on November 29, 2016. The proposal conference and site tour will start at 10:00 a.m. in the Large Conference Room at City Hall, 401 California Avenue, Boulder City, Nevada. The City will not provide transportation to the site, but will direct Respondents to the site. Respondents are encouraged, but not required to attend the proposal conference for this RFP.
1.4 WRITTEN QUESTIONS:
Respondents may submit written questions. The City will endeavor to respond in writing to requests for information within two (2) working days; however, the City makes no assurance that written responses will be tendered if, in the opinion of the City, such information is evident in the RFP or goes beyond the intended scope of this solicitation. Any written responses to questions made shall be sent to all prospective Respondents who have requested a copy of this RFP and who have returned the Vendor’s Contact Information form to the City.
1.5 AMENDMENTS OR CANCELLATION OF THIS RFP:
If this RFP requires amendment, written notice of the amendment will be given to all prospective Respondents identified in Section 1.4 and posted on the City’s website. Receipt of amendments must be acknowledged in writing by prospective Respondents to Brok Armantrout. Acknowledgement by facsimile or e-mail is permitted. The City reserves the right to modify, amend or cancel this RFP if the City determines, in its sole discretion, that it is in its best interest to do so.
1.6 SUBMISSION REQUIREMENTS:
Three (3) copies of responses (including one electronic copy in PDF format) must be received and time-stamped no later than
2:30 p.m. Pacific Daylight Time, Thursday, January 26, 2017 EXTENDED TO 2:30 p.m. Pacific Daylight Time, Thursday, March 23, 2017. All responses must be marked “RFP for Tract 349 – Residential Land Purchase”. After opening and review, City staff will make recommendations for award to the City Council who will determine which Respondent(s) the City will enter into negotiations for a land purchase agreement (the “Agreement”).
1.7 DISCLOSURE:
Proposals submitted in response to this RFP are subject to disclosure pursuant to Nevada Revised Statutes. Respondents must identify specifically those portions of their proposals, if any, which they deem contain confidential or proprietary information or trade secrets and must provide justification why such materials should not be disclosed pursuant to the Nevada Revised Statutes This confidential information will be for staff consideration and will remain confidential until the recommendation by staff is forwarded to City Council. Appropriately identified proprietary respondent information will remain confidential as provided for in the applicable Federal and Nevada statutes.
1.8 INCURRED EXPENSES AND RESPONSIBILITY:
The City is not responsible for any expenses the Respondents may incur in preparing and submitting proposals. Responding to the RFP creates no contractual or other rights to a Respondent, nor is any obligation incurred on the part of the City by receipt of the proposal. Failure by the City to select any Respondent for negotiations shall create no claim, or cause of action, legal or equitable, including but not limited to, damages for Respondent’s cost of preparation.
1.9 PROPOSAL IS PROPERTY OF THE CITY:
The information submitted by Respondents and received by the City shall become the property of the City and, in particular, the City has the unqualified right to utilize the information received from any Respondent in negotiations or contracting with that Respondent. Proposals submitted to the City will become the sole property of the City and, concomitantly, Respondent must waive and forfeit any and all proprietary rights in and to the information or contents of its submission or proposal. Any resulting
contract will be subject to future negotiations and subsequent City Council approval.
1.10 ACCEPTANCE OF TERMS AND CONDITIONS:
By submitting a proposal in response to this RFP, the Respondent accepts all terms and conditions set forth in this RFP.
1.11 TERMS AND DEFINITIONS:
City means the City of Boulder City, Nevada, a municipal government.
Owner/Builder Lot means a fully improved lot ready for construction of a new dwelling unit by an individual for their own use and occupancy. This does not mean a fully improved lot that a home is subsequently constructed by the developer or contractor as a pre-sold spec home or custom home.
Tract 349 means an approximately 30.63 acre site located at the southeast quadrant of the intersection of Adams Boulevard at Bristlecone Street. The side is bordered by Adams Boulevard on the north, Bristlecone Street on the west, and two residential developments on the east and south.
RFP means this Request for Proposals.
Respondent means the person or entity responding to this request, as well as the contractor who may ultimately be selected to perform the work contemplated by this Request and the firm and its permitted successor and assigns.
1.12 GUARANTY:
The City will require some form of financial assurance from the successful Respondent. The City may request a letter of credit or performance bond from the successful Respondent in an amount not to exceed $50,000 as an assurance the Respondent will enter into negotiations and a purchase agreement. A Respondent proposing to create a Limited Liability Company (LLC) for the project MUST sign a parent guarantee.
PART 2 - PROJECT SITE
2.1 The “Tract 349” site consists of approximately 30.63 acres. The site is bordered on the north by Adams Boulevard. Bristlecone Street on borders the west side of the parcel, with two residential developments on the south and east side. The
site has a gentle S-SE slope facing. A Map of the site is attached as part of the Development Standards addendum.
site has a gentle S-SE slope facing. A Map of the site is attached as part of the Development Standards addendum.
PART 3 - SCOPE
3.1 PROJECT DESCRIPTION:
The City is interested in promoting the beneficial use of undeveloped land for residential development. The objective of the City in issuing the RFP is to encourage the development of a well planned residential subdivision that compliments the adjacent golf course and community as a whole.
3.1.1 Suitability of Site. It is the responsibility of the Respondent to determine the adequacy of the site. The Respondent shall use the documentation provided through this RFP and other field evaluation to make their determination regarding the site’s soil, rock and subsurface conditions,including, but not limited to the potential for flooding, to determine the suitability of the site for the planned usage. Respondent assumes all risk resulting in any change in conditions that may occur during the progress of
the work. The City shall have no responsibility under or in implementation of the purchase contract ultimately executed for insufficient data or incorrectly assumed conditions concerning the character of the site or the nature of the work to be done under the executed contract. However, the City will cooperate with Respondent to obtain information relating to these matters including making available applicable records in the City’s possession.
3.1.2 Respondent to perform own examination. The Respondent shall perform its own examination and research required by this RFP, the proper method of doing the work and all conditions affecting the work to be done, and the labor, equipment, and materials needed thereon, and the quality of the work to be performed. The Respondent shall assume responsibility to become knowledgeable regarding all such conditions, and that Respondent’s conclusion to submit a proposal is based upon such
investigations and research regarding all such conditions, and that Respondent shall have and make no claim against the City because of any estimates, statements, or interpretations made by an officer or agent of the City which may prove to be in any respect in error or erroneous
3.2 PERMITS, APPROVALS AND SITE SPECIFIC REQUIREMENTS:
TheRespondent is responsible for performing all necessary studies, obtaining all relevant approvals and permits associated with the subsequent residential development project. These may include, but are not limited to construction permits, grading permit, utility extension permits, State of Nevada permits (if required) and Clark County dust control permits.
3.2.1 Utilities: The following utilities are available for development of the site but must be extended to the area by the developer:
a) Water: Respondent(s) are advised that potable water is available in the area but not currently stubbed to the site. The nearest suitable line locations for extension are located within Adams Boulevard and Buchanan Boulevard. The successful respondent(s) will be required to extend this line to the subdivision site to provide potable and fire protection water. The development of a looped system is required
b) Sewers: There sewer in the immediate vicinity but not currently stubbed to the site. The nearest suitable line locations are shown on the attached map. The successful respondent(s) will be required to extend service lines to the subdivision site to provide proper sanitary sewer services.
c) Access: The City will provide access to the site; however all roadway(s), sidewalk, streetscape landscaping and street lighting
improvements needed for the project will be the responsibility of the Respondent.
d) Electric: Electrical power for site is available within the area but will need to be extended to the site. A looped system is required. Please contact the Boulder City Public Works Department at 702- 293-9200 to determine available connection points to extend power to serve the subdivision.
e) Other Utilities: The extension and provision of other utilities, such as natural gas, cable television, telephone, etc. are the sole
responsibility and cost of the developer.
3.2.2 Land Use and Zoning. The property under consideration for this RFP is owned by the City of Boulder City and is zoned R1-15 and R1-10. R1-15 requires a minimum lot size of 15,000 square feet. R1-10 requires a minimum lot size of 10,000 square feet. The specific zoning requirements are provided in more detailed in the attached addendum and within the City’s zoning ordinance.
3.2.3 City Provided Materials. The City is providing to interested parties the following documents to assist in the evaluation of this RFP: Addendum providing minimum development standards, street cross sections, design for improvement of Bristlecone Street and Club House Drive, and various maps. The RFP is available for review on the City’s website:
3.2.4 Required Improvements Prior to Construction of any vertical structure.
The Respondent must have a paved access to the site and sufficient water supply on-site for fire protection prior to construction of any vertical/habitable structures.
3.2.5 Construction of a Park is required.
The respondent must develop a small neighborhood park as part of the subdivision. The park may be up to 1.5 acre in size and contain amenities such as a shaded tot lot, picnic facilities, and related passive recreation amenities. A sample lot layout
showing a potential location for such a park has been included with the Design Standards addendum.
3.2.6 Necessary Studies.
As with all private development, the successful respondent will be required to perform the standard studies for any development. These include but are not limited to traffic, flood control, Utility demand for water, sewer and electric and related studies for
residential development.
The City is interested in promoting the beneficial use of undeveloped land for residential development. The objective of the City in issuing the RFP is to encourage the development of a well planned residential subdivision that compliments the adjacent golf course and community as a whole.
3.1.1 Suitability of Site. It is the responsibility of the Respondent to determine the adequacy of the site. The Respondent shall use the documentation provided through this RFP and other field evaluation to make their determination regarding the site’s soil, rock and subsurface conditions,including, but not limited to the potential for flooding, to determine the suitability of the site for the planned usage. Respondent assumes all risk resulting in any change in conditions that may occur during the progress of
the work. The City shall have no responsibility under or in implementation of the purchase contract ultimately executed for insufficient data or incorrectly assumed conditions concerning the character of the site or the nature of the work to be done under the executed contract. However, the City will cooperate with Respondent to obtain information relating to these matters including making available applicable records in the City’s possession.
3.1.2 Respondent to perform own examination. The Respondent shall perform its own examination and research required by this RFP, the proper method of doing the work and all conditions affecting the work to be done, and the labor, equipment, and materials needed thereon, and the quality of the work to be performed. The Respondent shall assume responsibility to become knowledgeable regarding all such conditions, and that Respondent’s conclusion to submit a proposal is based upon such
investigations and research regarding all such conditions, and that Respondent shall have and make no claim against the City because of any estimates, statements, or interpretations made by an officer or agent of the City which may prove to be in any respect in error or erroneous
3.2 PERMITS, APPROVALS AND SITE SPECIFIC REQUIREMENTS:
TheRespondent is responsible for performing all necessary studies, obtaining all relevant approvals and permits associated with the subsequent residential development project. These may include, but are not limited to construction permits, grading permit, utility extension permits, State of Nevada permits (if required) and Clark County dust control permits.
3.2.1 Utilities: The following utilities are available for development of the site but must be extended to the area by the developer:
a) Water: Respondent(s) are advised that potable water is available in the area but not currently stubbed to the site. The nearest suitable line locations for extension are located within Adams Boulevard and Buchanan Boulevard. The successful respondent(s) will be required to extend this line to the subdivision site to provide potable and fire protection water. The development of a looped system is required
b) Sewers: There sewer in the immediate vicinity but not currently stubbed to the site. The nearest suitable line locations are shown on the attached map. The successful respondent(s) will be required to extend service lines to the subdivision site to provide proper sanitary sewer services.
c) Access: The City will provide access to the site; however all roadway(s), sidewalk, streetscape landscaping and street lighting
improvements needed for the project will be the responsibility of the Respondent.
d) Electric: Electrical power for site is available within the area but will need to be extended to the site. A looped system is required. Please contact the Boulder City Public Works Department at 702- 293-9200 to determine available connection points to extend power to serve the subdivision.
e) Other Utilities: The extension and provision of other utilities, such as natural gas, cable television, telephone, etc. are the sole
responsibility and cost of the developer.
3.2.2 Land Use and Zoning. The property under consideration for this RFP is owned by the City of Boulder City and is zoned R1-15 and R1-10. R1-15 requires a minimum lot size of 15,000 square feet. R1-10 requires a minimum lot size of 10,000 square feet. The specific zoning requirements are provided in more detailed in the attached addendum and within the City’s zoning ordinance.
3.2.3 City Provided Materials. The City is providing to interested parties the following documents to assist in the evaluation of this RFP: Addendum providing minimum development standards, street cross sections, design for improvement of Bristlecone Street and Club House Drive, and various maps. The RFP is available for review on the City’s website:
3.2.4 Required Improvements Prior to Construction of any vertical structure.
The Respondent must have a paved access to the site and sufficient water supply on-site for fire protection prior to construction of any vertical/habitable structures.
3.2.5 Construction of a Park is required.
The respondent must develop a small neighborhood park as part of the subdivision. The park may be up to 1.5 acre in size and contain amenities such as a shaded tot lot, picnic facilities, and related passive recreation amenities. A sample lot layout
showing a potential location for such a park has been included with the Design Standards addendum.
3.2.6 Necessary Studies.
As with all private development, the successful respondent will be required to perform the standard studies for any development. These include but are not limited to traffic, flood control, Utility demand for water, sewer and electric and related studies for
residential development.
PART 4 - SUBMITTALS
4.0 SUBMITTAL:
The Respondent must demonstrate that it is qualified. At a minimum, the Respondent must describe proven experience in financing of similar sized projects; and the construction of similar sized projects.
4.1 Contents of Proposals.
All proposals must include information concerning and describing the Respondent, an executive summary, a technical
element, a business element and a qualification element. A more detailed description and requirements of each of these elements are outlined below.
4.2 Information describing Respondent:
(a) Name, address, and telephone number of Respondent and contact person;
(b) Description of its organization, i.e., corporation, limited liability company, sole proprietor, partnership, etc.) Provide a certified copy of the Respondent’s charter documents (articles of incorporation, articles of organization, etc.) and a copy of the organizational chart;
(c) Respondent’s officers, directors and owners or shareholders having ten percent (10%) or more interest or ownership of Respondent;
(d) If a partnership or joint venture between two or more parties or entities is contemplated, a description of past and current
relationship of the parties.
4.3 Executive Summary shall provide a concise listing of the essential technical and business elements of the proposal being submitted.
4.4 Technical Element shall consist of a detailed description of the
(a) overall concept plan
(b) sample home elevations (minimum of three each of single and two story homes)
(c) lot layout design (note: not required to be an engineered drawing – understood that at time of development it may vary)
(d) additional proposed amenities, if any
(e) other information related to the proposed development that the respondent believes will make the development superior to other proposals
4.5 Qualification Element shall consist of:
(A) The technical experience of Respondent as it relates to developing and constructing a residential development;
(B) A listing of all pending legal proceedings (including bankruptcy during the last ten (10) years to which Respondent’s subsidiaries or affiliates have been a party);
(C) Historical and proposed Community Involvement;
(D) Minimum Financial Requirements as listed in the following section
4.5.1 Minimum Financial Requirements: Respondent must provide and meet the following minimum financial requirements:
(a) Possession of an investment grade credit rating issued by a nationally recognized credit rating agency, or, in the opinion of the City or its advisors, be deemed sufficiently creditworthy; and
(b) Capability to assume and carry out the financial obligations of the project and all other projects to which Respondent is committed to other parties
4.6 Financial Element consisting of the expected timeline and structure of
payment for purchase.
4.6.1 Phased Take down of Property. The City may consider a proposal for a phased take down of the property, consisting of an initial purchase for the first phase, and an option to purchase remaining phase(s) at a predetermined schedule. If a phased purchase is approved, the successful respondent will be required to install all street and utility improvements for the entire parcel with the first phase. Subsequent phase purchases will be at the appraised value at the time of exercise of the option for purchase. Should the bid contain an Option component; the option shall be exercised no later than two years after purchase of the initial phase. In the event it is proposed to be purchased in multiple options, the last option shall be exercised not later than five years after the purchase of the initial phase. Unless otherwise negotiated at time of purchase, if the option exercise
does not occur within the above time frames, the option will be declared void and the property offered for sale to others.
4.6.2 Purchase of Portion of Parcel. The City may consider proposals for the purchase of only a portion of the parcel if it can be shown to be in the best interest of the City and that the proposed development will fit in with other existing/proposed developments in the immediate vicinity.
The City will entertain an offer(s) to purchase only a portion of the parcel for purposes of development of an owner/builder small subdivision. Similarly, should the parcel be sold in one parcel to a single purchaser, they are encouraged to consider offering lots for owner/builder homes. The potential area identified for potential owner/builder lots is an approximate 4 acre parcel adjacent to the Caria Court development. The section is zoned R1-10 (single family homes, minimum lot size of 10,000 square feet), and has an approximate dimension of 300’ x 575’. Note that at the option of the bidder, other portions – either part or in whole – of
Tract 349 can be proposed as an owner/builder subdivision. The portion identified is by way of example only.
4.6.3 Additional Community Benefit/Improvements. At the option of the bidder, the City will entertain as part of the bid package any additional community benefits or improvements that the bidder may want to offer in addition to the bid price. By way of example only, an additional community improvement could be a community center, community swimming pool, general park or landscape improvements at other facilities, etc.
4.7 Additional information consisting of any other information Respondent may deem to be appropriate concerning the operation, experience, qualifications and organization or personnel that may be helpful to the City in evaluating its proposal.
4.7.1 Owner/Builder Lots. At the option of the respondent, the proposal may include a provision that some lots may be set aside as owner/builder lots. It is appropriate to require the owner/builder lots to follow any specific design criteria that the respondent may set to ensure compatibility with the balance of the subdivision, a time frame for construction of the home, and participation with any HOA if created. If the owner/builder lot concept is included in the proposal, please indicate the proposed method of
distribution (scattered, clustered – if clustered, where, etc).
4.8 Proposal Worksheet. The Respondent will complete, in full, the attached Proposal Worksheet. Failure to complete, in full, will render the proposal incomplete and any incomplete proposal will not be given further consideration.
4.9 Signature Page: A signature page must accompany Respondent’s proposal and submission to the RFP, it must substantially conform to the following form. Signing an accompanying signature page constitutes signature of the RFP and all requirements contained therein.
4.10 Respondent’s Contact Information Form: A Respondent’s contact information form must be returned to the City. Written responses to questions and amendments to this Proposal shall be sent to all prospective Respondents who have requested a copy of this RFP and who have returned this form to the City.
The Respondent must demonstrate that it is qualified. At a minimum, the Respondent must describe proven experience in financing of similar sized projects; and the construction of similar sized projects.
4.1 Contents of Proposals.
All proposals must include information concerning and describing the Respondent, an executive summary, a technical
element, a business element and a qualification element. A more detailed description and requirements of each of these elements are outlined below.
4.2 Information describing Respondent:
(a) Name, address, and telephone number of Respondent and contact person;
(b) Description of its organization, i.e., corporation, limited liability company, sole proprietor, partnership, etc.) Provide a certified copy of the Respondent’s charter documents (articles of incorporation, articles of organization, etc.) and a copy of the organizational chart;
(c) Respondent’s officers, directors and owners or shareholders having ten percent (10%) or more interest or ownership of Respondent;
(d) If a partnership or joint venture between two or more parties or entities is contemplated, a description of past and current
relationship of the parties.
4.3 Executive Summary shall provide a concise listing of the essential technical and business elements of the proposal being submitted.
4.4 Technical Element shall consist of a detailed description of the
(a) overall concept plan
(b) sample home elevations (minimum of three each of single and two story homes)
(c) lot layout design (note: not required to be an engineered drawing – understood that at time of development it may vary)
(d) additional proposed amenities, if any
(e) other information related to the proposed development that the respondent believes will make the development superior to other proposals
4.5 Qualification Element shall consist of:
(A) The technical experience of Respondent as it relates to developing and constructing a residential development;
(B) A listing of all pending legal proceedings (including bankruptcy during the last ten (10) years to which Respondent’s subsidiaries or affiliates have been a party);
(C) Historical and proposed Community Involvement;
(D) Minimum Financial Requirements as listed in the following section
4.5.1 Minimum Financial Requirements: Respondent must provide and meet the following minimum financial requirements:
(a) Possession of an investment grade credit rating issued by a nationally recognized credit rating agency, or, in the opinion of the City or its advisors, be deemed sufficiently creditworthy; and
(b) Capability to assume and carry out the financial obligations of the project and all other projects to which Respondent is committed to other parties
4.6 Financial Element consisting of the expected timeline and structure of
payment for purchase.
4.6.1 Phased Take down of Property. The City may consider a proposal for a phased take down of the property, consisting of an initial purchase for the first phase, and an option to purchase remaining phase(s) at a predetermined schedule. If a phased purchase is approved, the successful respondent will be required to install all street and utility improvements for the entire parcel with the first phase. Subsequent phase purchases will be at the appraised value at the time of exercise of the option for purchase. Should the bid contain an Option component; the option shall be exercised no later than two years after purchase of the initial phase. In the event it is proposed to be purchased in multiple options, the last option shall be exercised not later than five years after the purchase of the initial phase. Unless otherwise negotiated at time of purchase, if the option exercise
does not occur within the above time frames, the option will be declared void and the property offered for sale to others.
4.6.2 Purchase of Portion of Parcel. The City may consider proposals for the purchase of only a portion of the parcel if it can be shown to be in the best interest of the City and that the proposed development will fit in with other existing/proposed developments in the immediate vicinity.
The City will entertain an offer(s) to purchase only a portion of the parcel for purposes of development of an owner/builder small subdivision. Similarly, should the parcel be sold in one parcel to a single purchaser, they are encouraged to consider offering lots for owner/builder homes. The potential area identified for potential owner/builder lots is an approximate 4 acre parcel adjacent to the Caria Court development. The section is zoned R1-10 (single family homes, minimum lot size of 10,000 square feet), and has an approximate dimension of 300’ x 575’. Note that at the option of the bidder, other portions – either part or in whole – of
Tract 349 can be proposed as an owner/builder subdivision. The portion identified is by way of example only.
4.6.3 Additional Community Benefit/Improvements. At the option of the bidder, the City will entertain as part of the bid package any additional community benefits or improvements that the bidder may want to offer in addition to the bid price. By way of example only, an additional community improvement could be a community center, community swimming pool, general park or landscape improvements at other facilities, etc.
4.7 Additional information consisting of any other information Respondent may deem to be appropriate concerning the operation, experience, qualifications and organization or personnel that may be helpful to the City in evaluating its proposal.
4.7.1 Owner/Builder Lots. At the option of the respondent, the proposal may include a provision that some lots may be set aside as owner/builder lots. It is appropriate to require the owner/builder lots to follow any specific design criteria that the respondent may set to ensure compatibility with the balance of the subdivision, a time frame for construction of the home, and participation with any HOA if created. If the owner/builder lot concept is included in the proposal, please indicate the proposed method of
distribution (scattered, clustered – if clustered, where, etc).
4.8 Proposal Worksheet. The Respondent will complete, in full, the attached Proposal Worksheet. Failure to complete, in full, will render the proposal incomplete and any incomplete proposal will not be given further consideration.
4.9 Signature Page: A signature page must accompany Respondent’s proposal and submission to the RFP, it must substantially conform to the following form. Signing an accompanying signature page constitutes signature of the RFP and all requirements contained therein.
4.10 Respondent’s Contact Information Form: A Respondent’s contact information form must be returned to the City. Written responses to questions and amendments to this Proposal shall be sent to all prospective Respondents who have requested a copy of this RFP and who have returned this form to the City.
PART 5 – EVALUATIONS
5.0 EVALUATION OF PROPOSALS:
All Proposal(s) provided by Respondent(s) will be evaluated by the City and if the City chooses in its sole discretion to proceed to negotiations for the land sales agreement, the City will negotiate with the Respondent(s) that provide(s) the best overall value to the City. “Best Overall Value” is not solely based on the best price for the land, but a combination of proposed purchase price and the proposed development of the land. The City’s evaluation shall take into consideration the ability of Respondent(s) to meet the criteria established within this RFP (including the attached addendum), as well as the Respondent(s) technical and financial ability to develop a project.
All Proposal(s) provided by Respondent(s) will be evaluated by the City and if the City chooses in its sole discretion to proceed to negotiations for the land sales agreement, the City will negotiate with the Respondent(s) that provide(s) the best overall value to the City. “Best Overall Value” is not solely based on the best price for the land, but a combination of proposed purchase price and the proposed development of the land. The City’s evaluation shall take into consideration the ability of Respondent(s) to meet the criteria established within this RFP (including the attached addendum), as well as the Respondent(s) technical and financial ability to develop a project.
PART 6 – CITY RIGHTS AND RESERVATIONS
6.0 CITY RIGHTS AND RESERVATIONS:
The City reserves the rights and options with respect to each and every proposal and submission in response to the RFP in addition to any reservations listed herein.
(A) To select and subsequently enter into negotiations and contracts with any Respondent(s) whose proposal best satisfies the requirements and interests of the City;
(B) To supplement, amend, modify or cancel the RFP;
(C) To extend the times and dates set forth in the RFP;
(D) To issue additional and subsequent RFP’s and to conduct further investigations with respect to the qualifications of a Respondent;
(E) To amend, alter or modify the proposed Contract as ultimately contemplated by this RFP;
(F) To negotiate with each Respondent for amendments or other modifications to a submitted proposal, regardless of the differences created by such amendments or modifications from the proposal submitted; and
(G) To award the ultimate Contract to the Respondent(s) who submitted the most responsive proposal which, in the sole discretion of the City, serves the best interest of the City and the citizens of the City even if such proposal results in additional considerations by the City.
6.1 Right to waive irregularities: The City reserves the right to reject any or all proposals of the Respondents to this RFP; to waive any informalities or minor irregularities in submitted proposals; to accept that proposal(s) which in its discretion, will best serve its purpose or intentions; and to reject a proposal which contains omissions, discrepancies or inconsistencies in language employed and numbers or figures, unless waived by the City for discrepancies between words and numbers in which event words will be considered correct and the numbers incorrect, but if the words are ambiguous, the numbers will be considered correct.
6.2 Inability of the City to proceed. The City may at any time cancel and terminate any award or contract made pursuant to or as a result of the RFP with any Respondent, without liability to the City, at any time before the Respondent has been directed to begin work under the applicable contract documents; if any court, commission or governmental agency of competent jurisdiction shall enjoin or otherwise prohibit the City from proceeding with the project under consideration for whatever reason.
The City reserves the rights and options with respect to each and every proposal and submission in response to the RFP in addition to any reservations listed herein.
(A) To select and subsequently enter into negotiations and contracts with any Respondent(s) whose proposal best satisfies the requirements and interests of the City;
(B) To supplement, amend, modify or cancel the RFP;
(C) To extend the times and dates set forth in the RFP;
(D) To issue additional and subsequent RFP’s and to conduct further investigations with respect to the qualifications of a Respondent;
(E) To amend, alter or modify the proposed Contract as ultimately contemplated by this RFP;
(F) To negotiate with each Respondent for amendments or other modifications to a submitted proposal, regardless of the differences created by such amendments or modifications from the proposal submitted; and
(G) To award the ultimate Contract to the Respondent(s) who submitted the most responsive proposal which, in the sole discretion of the City, serves the best interest of the City and the citizens of the City even if such proposal results in additional considerations by the City.
6.1 Right to waive irregularities: The City reserves the right to reject any or all proposals of the Respondents to this RFP; to waive any informalities or minor irregularities in submitted proposals; to accept that proposal(s) which in its discretion, will best serve its purpose or intentions; and to reject a proposal which contains omissions, discrepancies or inconsistencies in language employed and numbers or figures, unless waived by the City for discrepancies between words and numbers in which event words will be considered correct and the numbers incorrect, but if the words are ambiguous, the numbers will be considered correct.
6.2 Inability of the City to proceed. The City may at any time cancel and terminate any award or contract made pursuant to or as a result of the RFP with any Respondent, without liability to the City, at any time before the Respondent has been directed to begin work under the applicable contract documents; if any court, commission or governmental agency of competent jurisdiction shall enjoin or otherwise prohibit the City from proceeding with the project under consideration for whatever reason.
PART 7 – RESPONDENT(S) RIGHT TO WITHDRAW
7.0 RESPONDENT(S) RIGHT TO WITHDRAW:
A Respondent may withdraw any proposal submitted upon written request received by the City prior to the deadline set forth in the RFP.
A Respondent may withdraw any proposal submitted upon written request received by the City prior to the deadline set forth in the RFP.
PART 8 – CONTRACT AWARD PROCEDURE
8.0 CONTRACT AWARD PROCEDURE:
Proposals shall remain effective for ninety (90) days after the effective date for receipt of proposal. The City will give notice
of intent to enter into Contract discussions with a Respondent(s), with final terms and conditions to be negotiated thereafter or reject all proposals submitted.
Proposals shall remain effective for ninety (90) days after the effective date for receipt of proposal. The City will give notice
of intent to enter into Contract discussions with a Respondent(s), with final terms and conditions to be negotiated thereafter or reject all proposals submitted.
PART 9 – ACCOMMODATIONS
9.0 ACCOMMODATIONS:
Pursuant to the Americans with Disabilities Act (ADA), the City of Boulder City endeavors to ensure the accessibility of all of its
programs, facilities and services to all persons. If you need accommodation regarding this Request for Proposal, Please contact the Finance Department at 702-293-9246 at least 24 hours prior to the meeting so that an accommodation may be made.
Pursuant to the Americans with Disabilities Act (ADA), the City of Boulder City endeavors to ensure the accessibility of all of its
programs, facilities and services to all persons. If you need accommodation regarding this Request for Proposal, Please contact the Finance Department at 702-293-9246 at least 24 hours prior to the meeting so that an accommodation may be made.
PART 10 – NON-COLLUSION AFFIDAVIT
10.0. NON-COLLUSION AFFIDAVIT:
10.1 Declarations. Respondent must declare that:
(A) Its proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, corporation or limited liability company;
(B) Its proposal is genuine and not collusive or a sham;
(C) It has not directly or indirectly induced or solicited any other Respondent to put in false or sham proposals and has not directly or indirectly colluded, conspired, connived or agreed with any other Respondent or anyone else to put in a sham proposal or refrain from proposing;
(D) Respondent has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the proposed price of Respondent or of any other Respondent;
(E) to fix any overhead, profit, or cost element of such proposed price, or that of any other Respondent;
(F) to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract;
(G) all statements contained in Respondent’s proposal are true; and
(H) Respondent has not:
(1) directly or indirectly submitted its proposal price or any breakdown thereof, or the contents thereof,
(2) divulged information or data relative thereto,
(3) paid and will not pay any fee in connection therewith, to any corporation, limited liability company, partnership, association, organization, proposal depository, or to any member or agent thereof,
(4) or to have a partnership or other financial interest with any prior lessee who has defaulted on a lease or purchase agreement with the City.
10.2 Affidavit Binding. This non-collusion affidavit shall be part of Respondent’s proposal; and signing this RFP on the signature page hereof shall also constitute signature of this non-collusion affidavit.
10.1 Declarations. Respondent must declare that:
(A) Its proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, corporation or limited liability company;
(B) Its proposal is genuine and not collusive or a sham;
(C) It has not directly or indirectly induced or solicited any other Respondent to put in false or sham proposals and has not directly or indirectly colluded, conspired, connived or agreed with any other Respondent or anyone else to put in a sham proposal or refrain from proposing;
(D) Respondent has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the proposed price of Respondent or of any other Respondent;
(E) to fix any overhead, profit, or cost element of such proposed price, or that of any other Respondent;
(F) to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract;
(G) all statements contained in Respondent’s proposal are true; and
(H) Respondent has not:
(1) directly or indirectly submitted its proposal price or any breakdown thereof, or the contents thereof,
(2) divulged information or data relative thereto,
(3) paid and will not pay any fee in connection therewith, to any corporation, limited liability company, partnership, association, organization, proposal depository, or to any member or agent thereof,
(4) or to have a partnership or other financial interest with any prior lessee who has defaulted on a lease or purchase agreement with the City.
10.2 Affidavit Binding. This non-collusion affidavit shall be part of Respondent’s proposal; and signing this RFP on the signature page hereof shall also constitute signature of this non-collusion affidavit.
PART 11 – CONTACT WITH CITY OFFICERS AND OFFICIALS
11.0 CONTACT WITH CITY OFFICERS AND OFFICIALS:
All firms interested in this project (including the firm’s employees, representatives, agents, lobbyists, attorneys, and sub-consultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the City Council, Selection Panel, the City Manager, Departments Heads or other City staff. This policy is intended to create a level playing field for all potential firms, assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this selection process should be addressed to the authorized representative.
All firms interested in this project (including the firm’s employees, representatives, agents, lobbyists, attorneys, and sub-consultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the City Council, Selection Panel, the City Manager, Departments Heads or other City staff. This policy is intended to create a level playing field for all potential firms, assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this selection process should be addressed to the authorized representative.
PART 12—NEVADA WORKERS
12.0 NEVADA WORKERS:
In that projects such as these are a critical component of Nevada’s economy, the City of Boulder City encourages the use of Nevada workers and contractors for this project.
In that projects such as these are a critical component of Nevada’s economy, the City of Boulder City encourages the use of Nevada workers and contractors for this project.