Brownfield Redevelopment Authority Consulting Services

1 | P a g e Emmet County Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 REQUEST FOR QUALIFICATIONS Brownfield Redevelopment Authority Consulting Services ESTIMATED TIMELINE – RFQ Released September 11, 2023 Deadline to Submit Written Questions October 6, 2023 @ 3:00 PM EST Response to Questions October 13, 2023 @ 3:00 PM EST Proposal Due Date November 6, 2023 @ 3:00 PM EST Project Review and Award Date Pending ECBRA Approval December 18, 2023 (tentative) *ECBRA = Emmet County Brownfield Redevelopment Authority RFQ PROCUREMENT CONTACT – Tammy Doernenburg, ECBRA Secretary, tdoernenburg@emmetcounty.org The Emmet County Brownfield Redevelopment Authority is soliciting proposals from prospective vendors to provide the ECBRA with redevelopment technical, administrative and consulting services. ECBRA • 3434 Harbor-Petoskey Rd, Suite E • Harbor Springs, Michigan 49740 2 | P a g e Emmet County

Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 A. PROJECT BACKGROUND The Emmet County Brownfield Redevelopment Authority was established in January of 1999, under P.A. 381 of 1996 by the Emmet County Board of Commissioners. The Authority’s power extends to all land within the boundaries of Emmet County. The oversight Board is appointed by and responsible to the Emmet County Board of Commissioners. Currently the Authority has responsibility for two active Brownfield projects: 1. Great Lakes Center for the Arts and Bay Harbor Village Brownfield located north of US-31 in Bay Harbor - located on the grounds of a former cement plant. 2. Lofts at Lumber Square – a housing development on Emmet Street in Petoskey located on the grounds of a former lumberyard and adjacent to a rail corridor. A third potential project, located at 1420 Standish Avenue in the City of Petoskey, is being explored by a developer on a property formerly used as a manufacturing facility. The potential developer is in the due diligence phase and has secured limited forgivable loan funding for portions of their project from the ECBRA. B. SCOPE OF WORK The purpose of this request for proposal is to invite prospective vendors to submit a proposal to supply the Emmet County Brownfield Redevelopment Authority (“ECBRA”) with redevelopment technical, administrative and consulting services to the ECBRA. The Brownfield redevelopment technical and administrative consulting services to the ECBRA solicited under this RFQ/P include but are not limited to the following: 1. Plan, generate and process Brownfield Plans, Act 381 Work Plans, Development & Reimbursement Agreements and related documents prepared on behalf of the ECBRA by the Consultant. 2. Review and evaluate, and assist the Secretary in negotiating Brownfield Plans, Act 381 Work Plans, Development & Reimbursement Agreements and related documents prepared by third parties and submitted to the ECBRA. 3. Prepare material for, and participate in meetings/presentations of/with the ECBRA, Municipalities, Michigan Department of Environment, Great Lakes and Energy (“EGLE”), Michigan Economic Development Corporation (“MEDC”) and Michigan Strategic Fund (“MSF”) when considering, and acting on Brownfield Plans, Act 381 Work Plans and Development & Reimbursement Agreements. 4. Assist prospective developers/redevelopers with completing the ECBRA’s Brownfield Redevelopment Funding Assistance applications, evaluate such applications on behalf of the ECBRA, and provide recommendations. 5. Assist prospective developers/redevelopers with pursuing funding and technical assistance and incentives through Federal, State and local agencies and programs including but not limited to US Environmental Protection Agency (“EPA”), USDA Rural Development, Michigan State Housing Development Authority (“MSHDA”), Michigan Department of Treasury, MEDC, EGLE, local Development Authorities and others as needed. 6. Apply as needed for area-wide or site-specific State and/or Federal Brownfield Assessment, Cleanup and other grants/loans as they may be needed and are available. 7. Manage some or all aspects of such grants/loans as requested by the ECBRA. 8. Assist the Secretary and/or the administrative assistant with planning and conducting ECBRA’s monthly meetings, participate as staff in such meetings, and provide Brownfield technical and administrative advice and legislative updates. 3 | P a g e Emmet County Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 9. Perform, and assist the Secretary and the administrative assistant with performing Brownfield administrative functions as required by State or Federal programs including but not limited to annual reports of ECBRA activities, Brownfield TIF capture & reimbursements and related functions as requested by the ECBRA and the Secretary. 10. Provide all other Brownfield redevelopment consulting services as requested by the ECB RA and its Secretary. Qualifications 1. Provide resume for the “Key” personnel. The ECBRA anticipates that the “Key” personnel is the individual who will be the contact with the ECBRA and its Secretary and its administrative assistant, and who will provide the vast majority of the consulting services listed in the Scope of Work. Resume and\or narrative response shall provide, at a minimum, his/her education degree(s), institution(s) issuing the degrees, and year(s) received; certificat ions and registrations; years and position(s) with the company; years with other firms and firm names; types of services “Key” individual is qualified to perform; demonstration of the familiarity of “Key” individual with services required for this project; recent experience of “Key” individual and his/her roles in similar projects; recent experience of the “Key” personnel with other redevelopment programs/incentives not specifically listed in the Scope of Work. 2. Provide resumes for any additional staff persons who may assist the “Key” personnel with performing services listed in Section II.C above. Resume and\or narrative response shall provide, at a minimum, education degree(s), institution(s) issuing the degrees, and year(s) received; certifications and registrations; years and position(s) with the company; years with other firms and firm names; types of services the staff persons are qualified to perform; demonstration of the familiarity of the staff persons with services required for this project; recent e xperience of staff persons and their roles in similar projects. Response shall be limited to not more than six (6) pages. 3. Please demonstrate the previous experience of the “Key” personnel with descriptions of five (5) similar projects completed or in progress with governmental entities within the past five (5) years. For each such project provide a one or two-page summary that includes: a. Project name and location. b. Client name; specify entity or department c. Short project description. d. Role of “key” personnel. e. List of services provided. f. Client contact information (name, title, phone number, email address). Page limit for this section is ten (10) pages. 4. List the key differentiators for your firm. What factors distinguish your firm from your competitors? Page limit for this section is one (1) page. Contract Term: The term of the contract shall be for a period of five (5) years from the date of award. 4 | P a g e Emmet County Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 C. SUBMITTALS The Vendor shall also provide the following as requested for all County RFQs: A. If applicable, provide continual or annual costs such as warranties or service contracts. B. Description of its invoicing process. Invoices should itemize the date of service, reason for the service, the amount, and the vendor Tax ID number. C. An opportunity for Emmet County Brownfield Redevelopment Authority to complete a final inspection before acceptance of the work. In responding to this RFQ, the vendor accepts full responsibility to understand the RFQ in its entirety, and in detail, including making any inquiries to the Emmet County Brownfield Redevelopment Authority as necessary to gain such understanding. The ECBRA reserves the right to disqualify any vendor who demonstrates less than such understanding. Further, the ECBRA reserves the right to determine, at its sole discretion, whether the vendor has demonstrated such understanding. That right extends to cancellation of award, if award has been made. Such disqualification and/or cancellation shall be at no fault, cost, or liability whatsoever to the ECBRA. All information provided by the Emmet County Brownfield Redevelopment Authority in this RFQ is offered in good faith. Individual items are subject to change at any time. The ECBRA makes no certification that any item is without error. The ECBRA is not responsible or liable for any use of the information or for any claims asserted there from. The County intends to select a vendor in December 2023 but it is not obligated to do so. D. EVALUATION CRITERIA Submittals will be evaluated and ranked to determine the best value to the ECBRA based on the following criteria: A. Past Performance of the Vendor. B. Experience in Brownfield Projects within Michigan. C. Familiarity with Emmet County and ability to provide services at/during the meeting. D. Value of services to ECBRA. E. Company support available to ECBRA. The purpose of this competitive RFQ is to promote a fair, most efficient means to obtain the best value to the Emmet County Brownfield Redevelopment Authority, i.e., the proposal offering the best value, which shall be assessed in accordance with the evaluation criteria set forth in this RFQ. Proposals will be reviewed by an internal committee where quotes will be evaluated and ranked on a consensus basis. Proposing bidders may be asked to participate in an interview to further discuss qualifications and to answer questions from the committee. The Emmet County Brownfield Redevelopment Authority reserves the right in its sole discretion to accept or reject any or all proposals, in whole or in part, without incurring any cost of liability whatsoever, and to waive informalities and minor irregularities in bids received. The ECBRA shall retain the RFQ, and all related terms and conditions, exhibits and other attachments, in original form in any archival copy. Any modification of these, in the vendor’s submission, may be grounds for immediate disqualification. If the selected vendor and the Emmet County Brownfield Redevelopment Authority are not able to finalize contract terms for the intended goods or services requested in this RFQ, the ECBRA reserves the right to select another vendor to provide the goods or services. 5 | P a g e Emmet County Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 E. REPRESENTATIONS AND CERTIFICATIONS Full name and address of the business with a short description of the business. Include a description of the following: A. Business organization B. Year established C. Federal ID number D. Michigan tax ID number, if applicable. E. The business’ legal formation (e.g. corporation, sole proprietor, etc.) F. State of incorporation, if applicable. G. List the business’ officers (up to three). H. List the location and address of the business’ office in Michigan that will provide the services requested. I. Provide a list of business’ primary services. Provide a list of similar projects completed by the firm. F. REFERENCES RFQ reviewers may solicit references from some or all client contacts provided. Please include at least three (3) references. G. COMPENSATION / FEES Identify all costs including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. The respondent is to submit a fully detailed budget including staff costs and any expenses necessary to accomplish the tasks and to produce the deliverables under the contract. The County is tax exempt for state and local taxes, personal property tax, and real property taxes. Exemption certificates for sales tax will be furnished upon request. For each year (2024, 2025, 2026, 2027 and 2028) of the anticipated five (5) year contract, in tabular form, please provide the following: 1. Travel fee to Petoskey from the Consultant’s office (if any). 2. Lump sum fee for preparing and attending the ECBRA’s meetings (assume two-hour duration per meeting); item 8 in Section B – Scope of Work. 3. Lump sum fee for preparing a Brownfield Plan (assume utilizing the ECBRA’s standard plan format); item 1 in Section B – Scope of Work. 4. Hourly professional billing rate for the following: a. “Key” personnel. b. Up to two (2) technical staff persons. c. Administrative support person. d. Graphic designer/CAD staff person. e. Other (Please describe) f. The percentage markup, if any, on approved subcontractors. g. Other fees/charges (if any). 6 | P a g e Emmet County Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 H. CONFLICT OF INTEREST Disclose any conflicts or perceived conflicts of interest. Vendor shall to the extent practicable, disclose to the ECBRA the identity of vendor employees and relatives of vendor employees who are employed by the County as well as the identity of County employees who are employed by vendor. Identify what procedures your firm utilizes to identify and resolve conflicts of interest. I. COPIES OF THE FOLLOWING ITEMS: A. Comprehensive General Liability and Property Damage coverage. (see below requirements) B. Professional Liability (Errors and Omissions) coverage. C. Worker’s Compensation coverage. (see below requirements) D. Automobile Liability (see below requirements) E. Any and all relevant license/registration numbers. J. INSURANCE REQUIREMENTS AND BOND (as applicable) The successful bidder must meet the following minimum insurance requirements and provide proof of coverage on a Certificate of Liability Insurance form submitted with proposal: 1. If selected, a Certificate of insurance naming Emmet County Brownfield Redevelopment Authority as a certificate holder must be provided prior to the County’s execution of a contract and must bear evidence of all required terms and coverage and provide 30 days’ notice of cancellation or material changes to the coverage. 2. Certificate of insurance must name as an additional insured Emmet County Brownfield Redevelopment Authority, its agents, officers, officials, employees as additional insureds, as their interest may appear. 3. The Contractor shall be responsible for insuring all its tools, equipment and materials, which it may leave at the Project's work site. The County shall not be responsible for any loss or damage to the Contractor's tools, equipment and materials. 4. General Liability Coverage: a. $500,000 Each Occurrence b. $500,000 Property Damage c. $5,000 Medical Expense d. $500,000 Personal & Advertising Injury e. $1,000,000 General Aggregate f. $1,000,000 Products & Completed Operations 5. Automobile Liability: a. $1,000,000 Combined Single Limit; or b. $1,000,000 Bodily Injury c. $500,000 Property Damage 6. Professional Liability (Errors and Omissions) Insurance: [For contracts for professional services, e.g. Architect, Engineer, Doctors, Dentists, etc.] a. $1,000,000 Each Occurrence 7 | P a g e Emmet County Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 b. If on a claim-made basis, the Contractor shall purchase extended reporting period “tail” coverage for a minimum of three (3) years after termination of Agreement. 7. Workman’s Compensation insurance as required State statutory limits. If any proprietor, partner, executive, officer, member, or employee is excluded from worker’s compensation or if the Workers Compensation policy is for certificate purpose only, it must be stated on the certificate. 8. Cancellation Notice: Workers' Compensation Insurance, General Liability Insurance and Automobile Liability Insurance, as described above, shall include an endorsement stating the following: "It is understood and agreed that Thirty (30) days Advance Written Notice of Cancelation, Non-Renewal, Reduction, and/or Material Change shall be sent to the office of the Emmet County Finance Department. If any of the above coverages expire during the term of the contract, the Contractor shall deliver renewal certificates and/or policies to the Emmet County Finance Department at least ten (10) days prior to the expiration date. All insurance carriers must be licensed to do business in the State of Michigan and shall have and maintain a minimum A.M. Best’s rating of A-, unless otherwise approved by the County. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation, premiums, deductibles, or assessments of any form. The County reserves the right to require a performance or payment bond for certain services. K. INDEMNIFICATION The selected vendor shall be required to indemnify, defend, and hold the County harmless for all claims, incurred by or asserted against the County, its elected and appointed officials, employees, agents and volunteers, by and person or entity, which are alleged to have been caused from the acts or omissions of vendor or vendor’s employees. The County’s right to indemnification is in excess and above any insurance required by the contract. The vendor shall have no right against the County for indemnification, contribution or subrogation. L. AMERICANS WITH DISABILITIES ACT (ADA) AND SECTION 508 COMPLIANCE Vendors shall warrant that end users will be able to access the website in accordance with the accessibility requirements of the ADA and the Rehabilitation Act of 1973. The website will conform, where relevant to Web Content Accessibility Guidelines (WACG) 2.0. M. NON-INFRINGEMENT Vendors shall ensure that the website design will be free of any rightful claim of infringement or similar claim by a third party. N. BACKROUND CHECKS Vendors that are selected to provide services that require access to law enforcement, Court facilities, Pellston Airport, and to other County locations after normal business hours, must undergo a background check by the 8 | P a g e Emmet County Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 Emmet County Sheriff’s Department. The County reserves the right to require background checks of vendor employees for other sensitive services. O. NON-DISCRIMINATION Vendor, and its subcontractors, shall not discriminate against an employee or an applicant for employment, in hiring, any terms and conditions of employment or matters of employment for any reason that is unrelated to the person’s ability to perform the duties of a particular job or position, in accordance with applicable federal and state law. P. DEBARMENT AND GRANT REQUIREMENTS If a bidder is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency, which prohibits the bidder from participating in any procurement, the bidder must provide County with that information as part of their response. Failure to provide this information may result in disqualification of the response from consideration or termination of a purchase order or contract, if awarded. To the extent that an awarded contract is funded in whole or in part by any federal or state grant, vendor will be required to comply with all applicable requirements in the grant. Q. TERMINATION OF CONTRACT: When the vendor has not performed or has unsatisfactorily performed the contract or in the event, any of the provisions of the purchase order are violated, the County may serve written notice of its intention to terminate the contract and/or purchase order for default. Upon termination for default, payment will be withheld at the discretion of the Emmet County Brownfield Redevelopment Authority. Failure on the part of a vendor to fulfill the contractual obligations shall be considered just cause for termination of the contract. The vendor will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the County in procuring and completing the work. The County reserves the right to require termination of the contract for its convenience in the contract terms finalized with the selected vendor. If funds are not appropriated or otherwise made available to support continuation of performance, the County may terminate the agreement. Vendor shall be paid for work satisfactorily performed prior to termination. R. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: If any item furnished by the vendor fails to conform to specifications, or to the sample submitted by the vendor, the County may reject it. Upon rejection, the vendor must promptly reclaim and remove such item without expense to the County, and shall immediately replace all such rejected items with others conforming to such specification and samples. If the vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of any such items and to deduct from any monies due the vendor the difference between the prices named in the purchase order and the actual cost to the County. If the vendor fails to make prompt delivery of any item, the County has the right to purchase such item in the open market and to deduct from any monies due the vendor the difference between the prices named in the purchase order and the actual replacement cost to the County. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the purchase order. 9 | P a g e Emmet County Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 S. INSTRUCTIONS FOR FIRMS: For your bid to qualify, you must submit three (3) hard copies in your SEALED BID no later than 3:00 PM EST on November 6, 2023 to: EMMET COUNTY PLANNING & ZONING ATTN: TAMMY DOERENBURG, DIRECTOR 3434 HARBOR-PETOSKEY RD, SUITE E HARBOR SPRINGS, MI 49740 1. Response to this RFQ MUST be clearly marked RFQ: Brownfield Redevelopment Authority Consulting Services. 2. Questions shall be submitted in writing to Tammy Doernenburg at tdoerenburg@emmetcounty.org no later than 3:00 PM EST on October 6, 2023: 3. The ECBRA reserves the right, in its sole discretion, to reject any and all proposals, or parts of any proposal, for any reason whatsoever and waive technicalities. 4. The ECBRA will only accept proposals that are responsive to the RFQ and are prepared and submitted in compliance with the requirements set forth in this RFQ. 5. ECBRA will not award any proposal to an individual or business having any outstanding amounts due from a prior Contract or business relationship with the ECBRA or who owes any amount(s) for delinquent Federal, State or Local taxes, fees and licenses. No late submissions will be accepted. 10 | P a g e Emmet County Brownfield Redevelopment Authority Request for Qualifications/Proposals 2024-2028 IRAN LINKED BUSINESS CLAUSE The Respondent who is selected as Consultant shall certify to the County that neither it nor any of its successors, parent companies, subsidiaries, or companies under common ownership or control of the Consultant, are an “Iran Linked Business” engaged in investment activities of $20,000,000.00 or more with the energy sector of Iran, within the meaning of Michigan Public Act 517 of 2012. It is expressly understood and agreed that the Consultant shall not become an “Iran linked business” during the term of this Agreement. NOTE: IF A PERSON OR ENTITY FALSELY CERTIFIES THAT IT IS NOT AN IRAN LINKED BUSINESS AS DEFINED BY PUBLIC ACT 517 OF 2012, IT WILL BE RESPONSIBLE FOR CIVIL PENALTIES OF NOT MORE THAN $250,000.00 OR TWO TIMES THE AMOUNT OF THE CONTRACT FOR WHICH THE FALSE CERTIFICATION WAS MADE, WHICHEVER IS GREATER, PLUS COSTS OF INVESTIGATION AND REASONABLE ATTORNEY FEES INCURRED, AS MORE FULLY SET FORTH IN SECTION 5 OF ACT NO. 517, PUBLIC ACTS OF 2012. CERTIFICATION I hereby state that I have read, have become thoroughly familiar with, understand, and accept the terms and scope of work contained in the RFQ. I hereby state that all of the information I have provided is true, accurate and complete. I hereby state that I have authority to submit this RFQ, which will become the basis for a binding contract if accepted by the Emmet County Brownfield Redevelopment Authority. Signature: _____________________________________________________________________________ Print Name: ___________________________________________________________________________ Title: _______________________________________________ Date: _____________________________ Company Name: _______________________________________________________________________ Address: ______________________________________________________________________________ ______________________________________________________________________________ Contact Name: _________________________________________________________________________ Phone: _____________________________________ Email: __________________________________ MINORITY VENDOR CERTIFICATIONS Please check all that apply: The vendor represents that it IS IS NOT a woman or women-owned business. The vendor represents that it IS IS NOT a minority-owned business. The vendor represents that it IS IS NOT a disadvantaged business enterprise. The contractor represents and warrants that the company meets the above and can provide supportive documentation upon request. Any lines left unchecked will be considered as if the “IS NOT” box has been checked. ____________________________________________________ ______________________ Authorized Agent Signature Date ____________________________________________________ Authorized Agent Printed Name