CITY OF BIRMINGHAM, ALABAMA



CITY OF BIRMINGHAM, ALABAMAREQUEST FOR PROPOSALS (RFP) FOR SALE OF REAL ESTATEThe City of Birmingham (the “City”) hereby requests proposals for the sale and redevelopment of real estate owned by the City of Birmingham located at 1328 – 28th Street, North, Birmingham, Alabama 35234 (the “Property”). Property Details.Built in 1985, the Property consists of approximately 2.5 acres on a site known as the Clyde S. Kirby Middle School. The building is full brick and is approximately 4.5 stories with office space, a gymnasium, class rooms and laboratory space. The approximate gross building area is 58,857 square feet. The building is currently vacant and is zoned R-3. (See City of Birmingham Zoning Ordinance for R-3 zoning permitted uses.) The property is also located in the Norwood Historic District adjacent to the Norwood Community Center and Park.Legal Description:Lot A, according to the North Central Middle School Survey, as recorded in Map Book 173, Page 3, in the Probate Office of Jefferson County.Parcel Identification Number: 22-25-2-002-001.000All information provided by the City should be independently verified. The City makes no representation of the accurateness of any information provided herein.Minimum Bid; Pre-Submission Conference and Tour.Minimum Bid. The City reserves the right to reject any proposal to purchase the Property for an amount of less than $200,000, without further notice to the bidder.Pre-Submission Conference/Building Tour. The City will hold a pre-submission conference and building tour on Wednesday, April 3, 2019 at 10:30 AM. Although not mandatory, interested parties are strongly encouraged to attend the conference and tour. The purpose of this conference will be to clarify the contents of this Request for Proposals in order to prevent any misunderstanding of the City’s requirements, representations, and process. Any doubt as to the requirements of this Request for Proposals or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and issue a written amendment to the Request for Proposals if necessary. Oral statements or instructions will not constitute an amendment to this Request for Proposals. In addition, all information provided by the City is deemed reliable but is not guaranteed and should be verified by the bidder before a proposal is submitted.Proposal Requirements.Proposals should include the following items:Proposed purchase price;A description of the proposed use/reuse of the Property;Redevelopment budget;Names, addresses, background, qualifications, experience and expertise of the bidder/development team with similarly-sized developments;The name, address and telephone number of the contact person for the bidder; andExplanation of the bidder’s history of completing and maintaining projects, including a minimum of two project references.Terms and Conditions of Sale.The sale of the Property will be subject to, but not limited to, the following conditions:No Representations or Warranties from the City. The City will sell the Property on an “AS IS, WHERE IS, WITH ALL FAULTS” basis, and the City will make no representations or warranties of any kind whatsoever, either express or implied, in connection with any matters with respect to the Property. Inspection and Due Diligence. The City will allow the selected bidder a period of sixty (60) days following the date the contract is executed to enter the Property at such party’s own risk for the purposes of surveying, testing, inspecting, or investigating the Property to determine if the Property is suitable for the selected bidder’s purposes; provided, however, that the selected bidder shall keep the Property free and clear of any liens arising from or relating to any such activities. The selected bidder will have the right to terminate the contract if such due diligence reveals that the Property is not suitable for the bidder’s proposed use.Assumption of Responsibility for Inspection. The selected bidder will be responsible for approving all inspections, investigations, tests, surveys and other due diligence deemed necessary by the selected bidder in connection with the acquisition of the Property, and the City will have no responsibility to the selected bidder for the scope and approval of any such due diligence.Development Obligations. Contracts for the purchase and development of City of Birmingham-owned real estate may include a sunset provision for the City to re-claim ownership if the real estate is not successfully developed in accordance with the milestones and/or deadlines set forth in the contract.Participation of Historically Under-Utilized Business Enterprises. Bidder acknowledges and agrees the City of Birmingham, as a matter of public policy, encourages participation of minority and women owned and other disadvantaged business enterprises to the maximum extent possible. This policy includes historically under-utilized business enterprises (HUBE’s) such as architectural firms, engineering firms, investment banking firms, other professional service providers, and construction contractors as part of the City’s business, economic and community revitalization programs. Nondiscrimination Provisions to be Included in Municipal Contracts. Section 3-1-18 of the General Code of the City of Birmingham provides:“The city and all city departments and agencies shall include in every municipal contract hereafter entered into the following provisions: ‘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, creed, color, national origin or disability. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, gender identity, sexual orientation, handicap, familial status, or national origin. Such action shall include but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ‘(2) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further municipal contracts.’”The City reserves the right to impose other conditions to the sale of the Property.Submission of Proposals.Four copies of the written proposals should be submitted to the Department of Innovation and Economic Opportunity no later than 5:00 p.m. on Monday, April 22, 2019, and should be addressed as follows:Janice James Douthard Real Estate ManagerInnovation & Economic OpportunityCity of Birmingham710 North 20th StreetBirmingham, Alabama 35203RE:Response to RFP for 1328 – 28th Street North, Birmingham, Alabama 35234Evaluation Criteria.All proposals will be reviewed by City so that a recommendation may be made to the Mayor for consideration by the City Council. All information submitted may be used in the evaluation of a proposal.Proposals will be evaluated in terms of proposed purchase price and terms, and the benefit to the community, taking into consideration:Qualifications, experience and expertise of the bidder/development teamProposed use of the propertyConsistency of proposed use with City’s Comprehensive Plan and neighborhood plansProposed improvements and timeframes for completionCost of any proposed improvements and financial capacity to complete.City Rights Reserved.Notwithstanding any other provision of the Request for Proposals, the City reserves the right to:Cancel this RFP at any time for any reasonWaive any immaterial defect or informalityRequest clarification of information submitted and to request additional information of one or more respondents prior to or upon the final selection of a purchaser/developerReject any or all proposals or portions thereofReissue a new or revised Request for Proposals; andConduct interviews of, or request presentations by, the top proposers following the initial review.In its selection of a proposal, the City further reserves the right to negotiate with any or all bidders including, without limitation, by negotiating all or portions of different proposals or by requesting additional offers from any or all bidders, and to waive requirements of the RFP if it is in the best interest of the City to do so. Form and Terms of Agreement.By submitting a response to this RFP, each bidder agrees that any contract resulting from this RFP may be drafted under the supervision of the Birmingham City Attorney. Bidders may not insist on the use of standard agreement forms. Selection of a bidder does not obligate the City of Birmingham to accept all of the terms of the successful bidder’s submission.The final proposed agreement will be subject to approval by the Council of the City of Birmingham. Under Alabama law, the City may sell this Property only after approval of an ordinance authorizing the sale passed by the City Council.Conditions for Submissions.By responding to the RFP, the respondent acknowledges and consents to the following conditions relative to the submission, review and consideration of its response:?The issuance of the RFP is not intended to, and shall not be construed to, commit the City or any other individual, consultant or entity to any obligation related hereto, including but not limited to the execution of any purchase and sale agreement or redevelopment agreement.?The issuance of this RFP and the means by which it is conducted is entirely at the discretion of the City and is not mandated by any public bidding or other statute or regulation. By submitting a response to the RFP, the respondent accepts and consents to the selection process selected and implemented by the City and the respondent waives any and all claims to same.? Neither the City, its staff nor any of its consultants will be liable for any claims or damages resulting from the solicitation or collection of responses, nor will there be any reimbursement to respondents for the cost of preparing the responses or for participating in the RFP process.?The costs for the entire proposal effort shall be borne by the respondent. The City will not reimburse any firm for any costs associated with this proposal effort.? No commission for brokerage or any other fee or compensation shall be due or payable by the City. ................
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