REQUEST FOR PROPOSALS (RFP) (PUBLIC OFFERING)

REQUEST FOR PROPOSALS (RFP) (PUBLIC OFFERING) DISPOSAL OF PROPERTY 104 East Main Street, Brownsburg, IN 46112 (Approximate ±0.1683 acres) (Parcel ID#: 32-07-11-328-002.000-016) (Commonly Referred to as the Carnegie Library Building ) The Brownsburg Town Council, Town of Brownsburg, 61 N. Green Street, Brownsburg, Indiana 46112

TABLE OF CONTENTS REQUEST FOR PROPOSALS (RFP) (PUBIC OFFERING) SECTION I. NOTICE OF DISPOSAL OF THE PROPERTY Page 2 SECTION II. PROPERTY LEGAL DESCRIPTION Page 4 SECTION III. TIMETABLE AND PROPOSED DEADLINES Page 5 SECTION IV. PROPERTY BACKGROUND OVERVIEW Page 6 SECTION V. GENERAL INSTRUCTIONS & CONDITIONS Page 8 SECTION VI. REQUIRED DETAILED INFORMATION Page 14 EXHIBIT A. ADDITIONAL PROPERTY INFORMATION Page 17 EXHIBIT B. NON-COLLUSION AFFIDAVIT Page 19 EXHIBIT C. ELIGIBILITY AFFIDAVIT Page 20 Offering packet may be picked up in the Economic Development Director s Office at Brownsburg Town Hall, 61 N. Green Street, Brownsburg, Indiana 46112 or down loaded at our website www.brownsburg.org. Please direct questions about receiving packets 1 P a g e

to Greg Anderson at this address, or at (317) 858-6032, or e-mail at greg.anderson@brownsburg.org NOTICE OF REQUEST FOR PROPOSALS RE: DISPOSAL AND SALE OF 104 EAST MAIN STREET I. NOTICE OF DISPOSAL OF PROPERTY Notice is hereby given that the Town of Brownsburg, Indiana (the Town ), by and through its Town Council (the Town Council ) will receive sealed written offers in the Economic Development Director s Office at the Town of Brownsburg, 61 North Green Street, Brownsburg, Indiana 46112 beginning on Wednesday, October 24, 2018 until Thursday, November 15, 2018 at 4:00 p.m. local time for the disposal and sale of certain real estate consisting of approximately ±0.1683 acres, located generally at 104 East Main Street and as further described below (the Property ) pursuant to the applicable provisions of Indiana Code, including, but not limited to Indiana Code Section 36-1-11 et seq. Any bid submitted prior to Wednesday, October 24, 2018 will be returned to the offeror for compliance in accordance with this notice. The minimum bid for the Property is $168,500.00. The specific property address for the Property is 104 East Main Street, Brownsburg, Indiana 46112. A copy of the exact legal description can be found in the Request for Proposals located on the Town s website at: http://www.brownsburg.org. The sale period will be from October 24, 2018 through the public hearing, which is scheduled for December 20, 2018 (the Sale Period ). The Town Council will hold a public hearing regarding the disposition of the Property on Thursday, December 20, 2018 at 7:00 p.m. local time in the Council Meeting Room at the Town Hall, 61 N. Green Street, Brownsburg, IN 46112. All interested members of the public are invited to attend and will be given an opportunity to comment. The Sale Period will include the first date of publication on October 24, 2018 through the end of the public hearing process as set forth above. The Town reserves the right to continue its review and analysis of any responses, if needed, following the public hearing date as determined in its sole discretion. Complete copies of the detailed Request for Proposals and related requirements, terms and conditions are available at the Town s website at http://www.brownsburg.org and in the Office of the Economic Development Director located at Town Hall, 61 North Green Street, Brownsburg, Indiana 46112. Sealed offers must be received not later than 4:00 p.m., local time, on Thursday, November 15, 2018, at the Economic Development Director s Office at the Town of Brownsburg, 61 North Green Street, Brownsburg, Indiana 46112. Sealed written offers will be opened and read aloud at the regular meeting of the Town Council on November 2 P a g e

15, 2018, at 7:00 p.m. in the Town Council Meeting Room of Town Hall located at 61 N. Green Street, Brownsburg Indiana 46112. For special accommodations needed by individuals planning to attend either the November 15, 2018 or December 20, 2018 Town Council Meetings and public hearing regarding the disposal of the Property, please call or notify the Town Manager s office at (317) 852-1120 at least forty-eight (48) hours prior thereto. The Town will consider various factors in evaluating the offers, including, without limitation: the ability of the Bidder to timely provide the services and products outlined herein and meet all other requirements contained in the Offering Packet and Request for Proposals; the Bidder s past experience in providing similar services and satisfaction level of its prior and current customers; the Bidders financial stability and strength; the quality, reputation and overall position supports the overall mission and goals of the Town; the financial terms proposed by or agreeable to the Bidder; and other factors deemed appropriate by the Town in the context of the services and products to be provided by the Bidder. The Bidder may not be a person who is ineligible under Indiana Code Section 36-1-11-16. Any bid submitted by a trust (as defined in Indiana Code Section 30-4-1-1(a)) must identify each beneficiary of the trust and each settlor empowered to revoke or modify the trust. Any potential Bidder may inquire further for the purpose of clarification to assure a full understanding of the requirements by submitting written questions to the Greg Anderson, Economic Development Director, greg.anderson@brownsburg.org, 61 North Green Street, Brownsburg, Indiana 46112. The Town reserves the right to reject any and all offers, to reject offers that do not meet the qualifications outlined in this Notice, or in the Offering Packet or in the Request for Proposals, and to waive any formalities or irregularities in the disposition process or in any offer. The Town further reserves the right to reject all offers, should the it determine that the offers are not in the best interest of the Town. The Town reserves the right to hold any or all offers for a period of not more than sixty (60) days from Wednesday, October 24, 2018 and said offers or proposals shall remain in full force and effect during said period. The Town the right to reject and/or cancel any and all offers, solicitations, and/or proposals in whole or in part as specified in the solicitations. The Town reserves the right to have discussions with the Bidders for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. BROWNSBURG TOWN COUNCIL A brief version of this Notice will be published in the following newspapers: Hendricks County Flyer on Wednesday, October 24 th and October 31 st Hendricks County (Danville) Republican on Thursday, October 25 th and November 1 st 3 P a g e

II. PROPERTY LEGAL DESCRIPTION Lot Number One (1) in Block Number Ten (10) in Morton Greens Addition to the Town of Brownsburg, Hendricks County, Indiana, EXCEPT: Seven (7) feet in width from east to west off of and across the entire west side thereof. Also EXCEPT: Fifty (50) feet in width off of and across the entire east side thereof. Also EXCEPT: A part of Lot No. 1 in Block No. 10 in Morton Greens Addition to the Town of Brownsburg, Hendricks County, Indiana and more particularly described as follows: Beginning seven (7) feet east of the northwest corner of said Lot No. 1 in said Block No. 10 in said Morton Greens Addition and thence south with the bearing of the west line of said lot a distance of 100 feet; thence east with the bearing of the south line of said lot to a point 50 feet from the east side of said lot; thence north with the bearing of the east line of said lot to a point on the north line of said lot, 50 feet west of the northeast corner thereof; thence west on said north line to the place of beginning. Also EXCEPT: A part of Lot No. 1 in Block No. 10 in Morton Greens Addition and a part of Lot No. 15 in Graham-Nash and Sennett s Addition to the Town of Brownsburg, Hendricks County, Indiana, and being more particularly described as follows: Beginning seven (7) feet east of the northwest corner of said Lot No. 1; thence run South 76 degrees 54 minutes East to a point fifty (50) feet from the east side of said Lot No. 1; thence run in a northeasterly direction 17.5 feet to a point on the north line of said lot, fifty (50) feet west of the northeast corner thereof (This point being also on the south line of aforesaid Lot No. 15); thence run east 38.75 feet; thence run in a northeasterly direction 16.1 feet; thence run North 79 degrees 53 minutes West 116.8 feet; thence run South 19 degrees 20 minutes West 40.0 feet to the point of beginning. Said tract estimated to contain 0.1683 acres, more or less. 4 P a g e

III. TIMETABLE AND PROPOSED DEADLINES Disposal of Property - Key Dates and Deadlines: Wednesday, October 24, 2018 Thursday, October 25, 2018 Wednesday, October 31, 2018 Thursday, November 1, 2018 Wednesday, November 7, 2018 First Notice of RFP and Public Hearing published in the Hendricks County Flyer and first date proposals will be accepted by the Town. First Notice of RFP and Public Hearing published in The Republican; Second Notice of RFP and Public Hearing published in the Hendricks County Flyer; Second Notice of RFP and Public Hearing published in The Republican; Deadline for Questions (4:00 p.m. local time); Friday, November 9, 2018 Last Day for Town to Answer Questions/issue addendums; Thursday, November 15, 2018 Sealed Response to RFP Due (4:00 p.m. local time) & Regular Town Council meeting to open and consider all written offers; Week of November 19 th (M-F) Evaluation and analysis of offers by Town (Anticipated, but subject to change) Staff, if needed; Town Conducts Interview Sessions (if necessary); and Thursday, December 20, 2018 Regular Town Council meeting to conduct (Anticipated, but subject to change) Public Hearing (7:00 p.m. local time) and to consider Award. End of Sale Period. *Anticipated, but subject to change. The Town reserves the right to change any or all of the dates above or eliminate steps if required or necessary as determined in its sole discretion. 5 P a g e

IV. PROPERTY BACKGROUND OVERVIEW A. Property History: The Carnegie Library building, located at 104 E. Main St. (the Property ), was constructed in 1917 and was used as a Police Station prior to the current office use. Currently, the Property is subject to a Lease Agreement by and between the Town of Brownsburg and the Hendricks County Solid Waste Management District. B. General Property Information: The Property is approximately 0.1683 acres adjacent to Main Street and Adams Street. There are (23) public parking spaces located to the west of the site, with a designated handicap space at the western most end of the parking area. The first floor consist of 1,537 sf and the basement has a storage area of 833 sf with a ceiling height of 9-6, electric/boiler room 173 sf, radio room and 2 rest rooms all with ceiling heights of 8-10. There is also a coal room consisting of 120 sf. See Exhibit A for additional Property Information. 1. ADA Compliance: The interior of the building is not currently ADA compliant. None of the restrooms meet maneuverability standards as all are less than 4 wide and ADA requires a 5 x5 turning area. There is no ADA compliant pathway to access the basement from the first floor. Furthermore, the stairway width at the smallest point is 2 3. Further review of building codes should be consulted when considering any change of use and alterations to the building if access to and from the basement is to be part of that consideration. The site currently does not have ADA compliant access from either street. The access to the lower floor adjacent to Adams Street is through an aluminum entryway that was constructed with the purpose of reducing drainage issues at the old exterior door into the basement. Immediately inside the exterior door of this entryway are steps leading into the basement. Access to the main floor of the building requires ascending two separate stairways from either Main Street or Adams Street. Refurbishing the site access for ADA compliance would require rework of a majority of the front of the building and site between the building and sidewalk. The landing immediately outside the exterior door is too small to permit turning movements, so the stairs adjacent to the building would need to be removed and re-constructed. Further complicating renovations, the stairs coming out of the front entry are built over what appears to be a storm shelter that was accessed through the basement of the building. Providing ramp access to the main doors would require multiple switchbacks on a ramp system potentially spanning the distance between the sidewalk along Main Street and the building. If the stairs are left in the current condition, additional railings will need to be installed along the sides of the stairs leading up to the building as well due to height and safety requirements. 6 P a g e

2. Utilities: The Carnegie Library is currently served by water and sewer provided by the Town. The building has electric and telecommunication service; however, the electric panels are currently full and if heavy duty electric service is required for building use, the associated electric equipment (meter, panel, etc.) will need upgraded as well as the service to the building. The building is also served by natural gas. 3. HVAC System / Climate Control: In 2011, a new gas furnace was installed on the main floor of the building and the boiler was abandoned. The main floor temperature is controlled by this furnace, but the basement is only supported by a single duct. Additional duct work would likely be needed to modify the basement use to something other than general storage. The windows of the building have been restored in 2001 and also retrofitted with storm windows to increase energy efficiency of the building; however, some are in need of additional repair to both the windows and storm windows. 4. Asbestos: The building s original plumbing and HVAC system appear to be wrapped in insulation that likely contains asbestos. Prior to remodeling these systems, an asbestos investigation should be completed to determine what, if any, remediation should be done. 5. Zoning: The site is currently zoned IS (Institutional); however, the Town s comprehensive plan shows this property as Mixed Use. The adjoining properties to the north, south, and east are zoned UC (Urban Commercial) which is appropriate for a Mixed- Use designation. 6. Occupancy: The Town currently has a standing lease with the Hendricks County Solid Waste Management District and must ensure proper communication of any decisions for future direction that will be taken with the property. According to their lease, they require at least a thirty (30) day notice of the need to vacate the building, but the Town desires to work with them on an acceptable and mutually agreed upon timeframe to allow them to find other suitable office space prior to the start of any construction or remodeling activities. 7. Available Project Development Incentives: The Town is willing to negotiate the cost of the building depending on project scope and financial feasibility. The Town desires to have the original building remain to preserve the history but supports the interior renovations to support other contemplated uses. The Town also would support the reworking of both the front and back areas of the building to allow for expansion or the addition of outdoor seating/patio areas. a. TIF Development Fund: The Town s Tax Increment Financing District can provide funds to rebate development costs for building improvements that increase the value of the property. The developer must be willing to submit to a reassessment of the building by the Tax Assessor if TIF incentives are granted. 7 P a g e

b. Façade Improvement Program: A fifty percent (50%) façade reimbursement program up to $15,000 is available for businesses making improvements to the front of their buildings. Window replacement, lighting, and canopies are some of the improvements eligible for the program. c. Revolving Loan Fund: A sub-prime loan, can be provided for businesses for fixed asset and working capital on a basis of $20,000 per job created/retained. The loan can fund a maximum of twenty percent (20%) of the overall project cost. 8. Future Development/Preferred Uses: As part of its continuing effort to revitalize the Brownsburg downtown area, the Town is interest in proposals to repurpose the Property for high quality commercial use, such as a restaurant, tap room or retail space or other appropriate use that will generate traffic and interest in the area to complement what is currently being developed on N. Green Street in the general Brownsburg Downtown area. V. GENERAL INSTRUCTIONS AND CONDITIONS A. General Information: In accordance with I.C. 36-1-11 et seq. the Town is offering to dispose and sell the Property described and depicted in this in the in this Request for Proposals. The sale of the Property will be advertised in the Hendricks County Flyer and the Hendricks County (Danville) Republican and the disposal and sale of the Property will be governed by the procedures set forth under Indiana Code. All offers, to qualify for consideration by the Town, must be prepared and submitted in accordance with the provisions of this Request for Proposals and also Indiana Code. The sale of the Property will be in accordance with, and the successful bidder must be willing to negotiate and enter into, a Property Development Project Agreement with the Town Council on behalf of the Town within one-hundred eighty (180) days of the Town s bid award. The Property Development Project Agreement shall set forth the nature of the development of the Property. The Property being offered at this time states the minimum offering price of $168,500.00. Each Bidder must make an offer of at least the minimum purchase price and include in its bid the essential terms stated in this RFP. B. Sealed Offers: Sealed written offers will be received by the Town in the Office of the Town s Economic Development Director starting on Wednesday, October 24, 2018 until 4:00 p.m. EST on Thursday, November 15, 2018. Each bidder shall submit one original offer or proposal with five (5) copies and a flash drive containing a digital version of the offers. At 7:00 p.m. EST on Thursday, November 15, 2018, the Town Council will publicly open and consider all written offers at its regular meeting. All exhibits, drawing renderings and other materials to be used in such presentation that are in addition to the sealed bids shall be deposited by each Bidder 8 P a g e

at the time of the submission of the written digital copy of the offers and shall be retained by the Town. C. Form of Offer: Every offer must be made in accordance with the terms and conditions of this RFP. D. Development Plan: Each Bidder shall submit any exhibit, drawing, renderings, plans, and other material that illustrate the development plan proposed, any other pertinent information the bidder may wish to submit to further illustrate its proposed development plan. Bidders shall limit their development plans to no more than ten (10) letter sized (8.5 x 11 ) page. E. Bidders Qualifications: Each Bidder shall submit, with its proposal a Statement of Bidder s Qualifications. If an offer is made subject to the bidder being successful in obtaining adequate financing, the Bidder must present evidence to the Town that there is a reasonable assurance that financing can be obtained. F. Transfer of Interest In/Possession to the Property: Interest in the possession of the Property will be delivered to the successful bidder(s) at the time and in accordance with the terms and conditions set forth in the Project Agreement. The Town expects to Transfer the Property as-is with no warranty by the Town. G. Disposition: The Bidder must bid on the entirety of the Property being offered. H. Right to Accept or Reject Proposals: Only firm proposals will be accepted and the Town reserves the right to reject any or all proposals or waive any irregularities and informalities in the proposals submitted and accepted by the Town of Brownsburg. The Town reserves the right to waive any requirements or formalities in the RFP process, to select the proposal the Town determines, in its sole discretion, to be the most advantageous to the Town and/or to reject all proposals submitted. The Town, or its designated agent(s), reserves the right to investigate the qualifications and experience of each Bidder and to negotiate additional or revised terms to those contained in any proposal in keeping with the requirement that all eligible Bidders are afforded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The Town may require an interview process for Bidders. Proposals not sufficiently detailed or submitted in an unacceptable form may be rejected. The Town reserves the right, in its sole discretion, to consider changes to the size, and scope of and appearance of the project and any minimum elements specific herein. The Town further reserves the right to make awards to the responsible Bidder whose proposal is determined to be the most advantageous to the Town. I. Bidder Representative: Each Bidder must appoint an individual with authority to represent the Bidder for this RFP. If the Bidder is an individual, by him/her personally; if the Bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and if the Bidder is a corporation, by the 9 P a g e

authorized officer, whose signature must be attested to by the Secretary of the corporation. J. Bidder s Questions: Upon release of this RFP, all Bidder communications must be directed to the RFP Coordinator listed below: Gregory Anderson, AICP, MBA Economic Development Director 61 N. Green Street Brownsburg, Indiana 46112 Email: greg.anderson@brownsburg.org Ph: (317) 858-6032 Unauthorized contact regarding the RFP with other Bidder employees may result in disqualification. Any oral communications will be considered unofficial and nonbinding on the Town. Bidders should only rely only on written statements issued by the RFP Coordinator. All questions must be submitted in writing to the RFP Coordinator named above. Questions must be received by 4:00 p.m. local time on Wednesday, November 7, 2018. A list of questions and answers will be provided only by written request. All written requests may be made to the RFP Coordinator. The responsibility for determining and obtaining the full extent of all information needed to respond to the RFP rests with the Bidder. Submission of a proposal constitutes acceptance of the procedures, evaluation criteria, and other instruction of this RFP. Bidders are responsible to check the Town of Brownsburg website for the issuance of any addenda prior to submitting a proposal. The address is www.brownsburg.org. K. Private Showing Request: Any interested party may request a private showing of the building and will be able to access the building for estimates or inspections. Additionally, interviews and public presentations may be arranged with the selected entities prior to a final decision being made. L. Warranties: Each Bidder submitting a proposal in response to this RFP warrants and guarantees that the Bidder is fully capable of performing each and every task set forth in the RFP. No limitation or exception to this warranty provision will be acceptable to the Town. M. Non-Discrimination: A successful Bidder in performing services shall not discriminate against any employee or any member of the public because of race, creed, color, religion, gender, national origin, age or disability, nor otherwise commit an unfair employment practice. 10 P a g e

N. Waiver of Minor Administrative Irregularities: The Town reserves the right, at its sole discretion, to waive minor administrative irregularities contained in any proposal. O. Proposal Rejection: The Town has the right to reject any or all proposals at any time without penalty. P. Withdrawal of Proposals: Bidder may withdraw a proposal that has been submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by an authorized representative of the Bidder must be submitted to the Town Manager s Office. The Bidders may submit another proposal at any time up to the proposal closing date and time. Q. Non-Endorsement: As a result of the selection of a Bidder or Bidders for the Projects, the Town is neither endorsing nor suggesting that the Bidder s product is the best or only solution. The Bidder agrees to make no reference to the Town in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the Town. R. Proprietary Proposal Material: Any information contained in the proposal that is proprietary must be clearly designated. Marking the entire proposal as proprietary will be neither accepted nor honored. If any information is marked as proprietary in the proposal, such information will not be made available until the affected Bidder has been given written notice by the Town. S. Response Property of the Town of Brownsburg: All materials submitted in response to this request become the property of the Town. Selection or rejection of a response does not affect this right. T. No Obligation of the Town of Brownsburg: The Town reserves the right to refrain from contracting with any Bidder. The release of this RFP does not compel the Town to act on the proposal. U. Cost of Preparing Proposals: The Town is not liable for any costs incurred by Bidders in the preparation and presentation of proposals and demonstrations submitted in response to this RFP. V. Proposal Response Date and Location: The Town must receive the Bidder s proposal, in its entirety, not later than 4:00 p.m., Eastern Daylight Time in Brownsburg, Indiana, in the office of the Economic Development Director located at 61 North Green Street, Brownsburg, Indiana, 46112 on Thursday, November 15, 2018. Proposals arriving after the deadline will be returned unopened to their senders. All proposals and accompanying documentation will become the property of the Town and may not be returned. Each Proposal shall be submitted to the Town in the following manner: 11 P a g e

One (1) Original; Five (5) Hard copies; and One (1) electronic copy via flash drive or CD. The original proposal, the five (5) copies and Flash Drive or CD may be hand delivered to the Town in an envelope with the following typed or clearly hand written on the front: Proposal for Disposal of 104 East Main Street OR, the Original Proposal, the five (5) copies and flash drive or CD may be mailed to the Town to the attention of: Gregory Anderson, AICP, MBA Economic Development Director 61 N. Green Street Brownsburg, Indiana 46112 Email: greg.anderson@brownsburg.org Ph: (317) 858-6032 Bidders assume the risk of the method of dispatch chosen. The Town assumes no responsibility for delays caused by any delivery service. Postmarking by the due date will not substitute for actual proposal receipt. Late proposals will not be accepted nor will additional time be granted to any Bidders. Proposals may not be delivered by facsimile transmission or other telecommunication or solely by electronic means. All proposals shall be accompanied by a Non-Collusion Affidavit in the form attached hereto as Exhibit B and an Eligibility Affidavit in the form attached hereto as Exhibit C. All proposals must be valid for sixty (60) days from Wednesday, October 24, 2018. The Town reserves the right, in its sole discretion, to consider changes to the size, and scope and appearance of the projects and minimum elements specified herein. W. Reservation of Rights: The Town of Brownsburg reserves the right to reject or accept any and all proposals received and to negotiate the sale of the property to protect the best interests of the Town. The Town of Brownsburg is the sole owner of the Property and is under no obligation to sell the Property unless the proposed use fits with the established plan and goals of the Downtown. X. Errors In Proposal: The Town will not be liable for any errors in Bidder proposals. Bidders will not be allowed to alter proposal documents after the deadline for proposal submission. The Town reserves the right to make corrections or amendments due to errors identified in proposals by the Town or the Bidder. This type of correction or amendment will only be allowed for such errors as typing, transposition, or any other obvious scrivener s error. Bidders are liable for all errors or omissions contained in their proposals. When, after the opening and tabulation of proposals, a Bidder claims error and requests to be relieved of award, the Bidder will be required to promptly present certified worksheets. The Town will review the worksheets and if the Town is convinced, by clear and convincing evidence, that an honest, 12 P a g e

mathematically excusable error or critical omission of costs has been made, the Bidder may be relieved of its proposal as determined in the sole discretion of the Town. Y. Selection Process: It is anticipated that the proposals may be evaluated by Town staff or a committee who will ultimately make a recommendation to the Town Council for their final review, consideration and decision. The Town reserves the right to investigate the qualifications and experience of each Bidder and to negotiate additional terms to those contained in this RFP or any proposal with any Bidder in keeping with the requirement that all eligible Bidders are afforded fair and equal treatment with respect to the review and consideration process. The committee may engage in an interview and discussion process with all responsible Bidders who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements, and to negotiate and receive the Bidder s best and final offer. The committee will recommend from among the Bidders the best and final offer deemed most advantageous to the Town for Council approval. Z. Evaluation Criteria: All responses to this RFP will be evaluated by the committee and recommended to the Town Council in its sole judgment on the basis of the Bidder s demonstrated ability to provide the services and products contemplated herein and meet the timelines described herein. It is anticipated that the agreement will be awarded to the Bidder who best meets the criteria stated herein and will best fulfill the Town s needs for redevelopment of the Property. The Town shall have the right to award this contract to a single Bidder deemed most advantageous to the Town or to reject any and all proposals and make no award under this RFP. Specific evaluation criteria include, but are not limited to, the following, as applicable: 1. The ability of the Bidder to timely provide the services and products outlined herein and meet all other requirements contained in this RFP; 2. The Bidder s past experience in providing similar services, building and operating similar projects and the satisfaction level of its prior and current customers; 3. The Bidder s financial stability and strength; 4. The extent to which the Bidder s marketability, reputation, and overall position supports the overall mission and goals of the Town; 5. The financial terms proposed by or agreeable to the Bidder; and 6. Other factors deemed appropriate by the Town Council in the context of the services and products to be provided by the Bidder. The listed order of the above evaluation criteria does not indicate their order of importance. All proposals will be reviewed by a committee and may also be reviewed by the Town Council as determined necessary in their sole discretion. The Town will consider the Bidder, as well as any entity that has ownership or managerial control over the Bidder, for all evaluation criteria. The Town reserves the 13 P a g e

right to require financial security from the selected Bidder, including the posting of a bond, letter of credit or personal guarantee securing performance of the Bidder s obligations under the agreement. The Town reserves the right to conduct discussions with offerors, including, but not limited to discussions for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. VI. REQUIRED DETAILED INFORMATION A successful RFP Response will include the following information: A. Letter of Intent: Prior to submission of a full proposal (see submission deadlines and timeline), all development teams must submit a Letter of Intent. The Letter of Intent should simply state the intention of your development team to submit a full proposal. The Letter of Intent should contain, at a minimum, contact information including phone and facsimile numbers, mailing address and e-mail as well as the type of development planned and a proposed timeline. The Letter shall also include a description of the Project, describe general qualifications of Bidder, describe Bidder s willingness to proceed and perform as described and include an Authorized Officer s signature. This information will be used to update development teams on any forthcoming information/ B. Comparable Projects Completed or Underway: 1. Provide a comprehensive list of redevelopment projects currently underconstruction or completed within the past three (3) years by the Bidder. 2. Provide information on a minimum of two (2) comparable projects undertaken during the last three to five years, including the following information: a. Location b. Photographs c. Financing d. Tenant mix and occupancy rates e. Management structure f. Public sector involvement g. Site plan h. Timeline (inception to completion). 3. If possible, include at least one (1) example of a project of similar scope which the Bidder was primarily responsible. C. Project Concept: 1. Provide general information on the proposed concept, including the proposed use and a plan of how you propose to market your completed project. 2. Estimate the total amount of private investment and how the project will be financed, including sources and uses of funds. 3. Provide future financials generated from the project, including cash flow projections and anticipated monthly rent requirements (business plan & pro forma). 14 P a g e

4. If applicable, estimate the number of new jobs created or retained (excluding construction) by this project. 5. Detail the strategy for ownership and management of the property upon completion of construction. 6. Include an estimated timeframe for redevelopment. 7. Indicate your desired acquisition cost for the site. D. Property Development Information: 1. Identify the Developer or Corporation which would enter into a Development Agreement with the Town of Brownsburg, including all intended partners to the extent known at the time of submission. Please indicate complete listing of names, titles, addresses, and phone numbers. 2. State the intended role of each partner in the conceptualization, design, financing and construction of the project. 3. Submit your last three (3) years of any publicly available financial documentation, such as annual reports, that describe the company s financial strength and capability. 4. Name, address, and phone number of the primary contact person. 5. List of Potential Development Incentives to be Requested. E. Reponses must also include: 1. Description of your organization, including how long your business has been in existence under your control and/or ownership, corporate or other organization status, and number of employees. List corporate directors, officers or managing partners (if any) and key employees responsible for management if selected. Identify the qualification (i.e. experiences, years with company, etc.). 2. A minimum of three (3) unrelated business references (including at least one (1) client to whom you have supplied similar services). Please provide business name, contact person and current daytime phone for each reference. In addition, include a brief description of the professional relationship with the proposed reference, and the names of specific individuals that the proposed reference has with the Bidder. 3. If your business, you and/or any other principal in your business have been involved in litigation or state or local administrative proceedings (including any criminal or health enforcement actions) related to your business operations in the last five (5) years. If applicable, describe the status or disposition of any lawsuit or administrative proceedings. 4. Disclose if the company or any owner or office of your company have ever been declared bankrupt (voluntary or involuntary) or insolvent or entered into an arrangement for the benefit of creditors. If yes, please explain. 5. Provide financial statements for the last three (3) years. 15 P a g e

6. Indicate your understanding that your proposal shall be valid and guaranteed for not less than sixty (60) days from the submission deadline. 7. Submit visual architectural renderings of any proposed building with the Proposal. 8. Any proposal for the redevelopment of the Property must be consistent with the planned use and general appearance of adjacent properties. The site is currently zoned IS (Institutional); however the Town s comprehensive plan shows this property as Mixed Use. The adjoining properties to the north, south, and east are zoned UC (Urban Commercial) which is appropriate for a Mixed-Use designation. F. Applicant Information: 1. Company name 2. Years in business 3. Primary contact person (and authorized representative to conduct negotiations, if different from contact person 4. Full mailing address, telephone number, and email address 5. Number of fulltime employees 6. Demonstrate the organization s financial stability / ability to fulfill design, development, lease G. Project Understanding and Approach: 1. Explain general approach to public relations and outreach, development of the Project and relationship to the Town. 2. Outline the details of the construction, appearance and operation of the Project, including how services and/or products complement the Town. H. Team Organization: 1. Organizational chart showing all relationships and names of specific team members proposed for this project, including their titles. a. Responsibilities of each team member assigned to the project. b. Indicate any anticipated new hires to fulfill the proposal goals along with expected qualifications and certifications. c. Explain experience with the following: i. Financial management and experience ii. Similar types of Projects iii. Construction of new similar facilities iv. Connections within the local community. If none, explain how these will be established. 16 P a g e

* The Town s consideration of all proposals and this process will be completed in accordance with the requirements determined necessary by the Town as determined in its sole discretion. Interested Parties should continue to follow-up with the Town s regarding further modifications and/or amendments to this RFP that may be posted by the Town during this process and prior to the November 15, 2018 deadline. EXHIBIT A ADDITIONAL PROPERTY INFORMATION 17 P a g e

EXHIBIT A ADDITIONAL PROPERTY INFORMATION 18 P a g e

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STATE OF INDIANA ) ) County ) EXHIBIT B NON-COLLUSION AFFIDAVIT The undersigned Bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be offered by any person nor to prevent any person from making any offer nor to induce anyone to refrain from making an offer and that this offer is made without reference to any other offer. Bidder (Firm) Signature of Bidder or Agent Subscribed and sworn to me this day of, 2018. My Commission Expires: Notary Public County of Resident: 20 P a g e

EXHIBIT C ELIGIBILITY AFFIDAVIT The undersigned Bidder or agent, being duly sworn on oath, says that he does not, nor does any other member, representative, or agent of the firm, company, corporation or partnership represented by him, nor does the firm, company, corporation or partnership listed below meet the following definition of a person who is ineligible to lease property as set forth in Indiana Code 36-1-11-16. (1) A person who owes delinquent taxes, special assessments, penalties, interest, or costs directly attributable to a prior tax sale on a tract of real property listed under I.C. 6-1.1-24-1. (2) A person who is an agent or a person described in subdivision (a) (1). Proposer (Firm) Signature of Proposer or Agent Subscribed and sworn to me this day of, 2018. My Commission Expires: Notary Public County of Resident: EN20861.Public-20861 4812-9977-4059v6 21 P a g e