request for proposal...1) compliance by the bidder with the request for proposal pass/fail 2)...

2020

Municipality of the County of Kings 181 Coldbrook Village Park Dr. Coldbrook, NS B4R 1B9 Ph: (902) 678-6141

REQUEST FOR PROPOSAL RFP # 20-26

PURCHASE AND DEVELOPMENT OF CAMBRIDGE BUSINESS PARK LOT 13

AND 4 TAXI WAY COURT (PIDS 55531388 & 55531396)

Proposals will be received not later than 2:00 PM local time, November 19, 2020

REQUEST FOR PROPOSALS PURCHASE AND DEVELOPMENT OF CAMBRIDGE BUSINESS PARK LOT 13 AND 4 TAXIWAY COURT (PIDS 55531388 & 55531396) RFP Number RFP 20-26 Closing Date & Time November 19, 2020 - 2:00 pm

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Table of Contents 1 Background Information ...................................................................................................... 3

2 Basis and Evaluation of Responses ...................................................................................... 3

3 Instructions ........................................................................................................................... 4

4 Submissions .......................................................................................................................... 4

5 Evaluation Process ............................................................................................................... 5

6 Timeline ................................................................................................................................ 5

7 Proposals .............................................................................................................................. 6

APPENDIX A: RFP GENERAL TERMS AND CONDITIONS ................................................ 7

APPENDIX B: RELATED PORTION OF THE MUNICIPALITY’S LAND USE BY-LAW 10

APPENDIX C: EXCERPTS FROM COMMERCIAL APPRAISAL REPORT ....................... 14

APPENDIX D: RFP RESPONSE FORM .................................................................................. 22


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1 Background Information

The Municipality of the County of Kings is a rural municipality in western Nova Scotia, incorporating the upper half of the Annapolis Valley and stretching from Kingston in the southwest to Hants Border in the northeast. The largest communities within the geographic boundaries of the Municipality include New Minas and Greenwood. The Municipality of the County of Kings has a population of approximately 50,000 and is the third largest municipal unit in Nova Scotia. Kings County has significant agricultural and ecological resources to protect as we encourage new residential, industrial and commercial development. The Municipality is proud to be a part of the “land of Orchards and Tides”, Nova Scotia’s richest agricultural region. This Request for Proposal (RFP) relates to Lot 13 (PID 55531388) and 4 Taxiway Court (PID 55531396) (the Subject Property) which is situate in the Cambridge Light Industrial Park.1 The Subject Property is vacant at Lot 13 while the property at 4 Taxiway Court comprises a light industrial building on a corner lot. In accordance with the March 2020 Municipal Planning Documents, the subject property is zoned M1 Light Industrial Commercial. The list of as-of-right permitted uses in this land use zone can be found in Appendix B of this RFP. 2 Basis and Evaluation of Responses

2.1. Market Value Pursuant to section 50 (5)(b) Municipal Government Act, the Municipality is prepared to conditionally sell the subject property. In this instance, market value has been determined through the engagement of an accredited commercial appraiser. The commercial appraiser has estimated the market value of the subject property to be $16,500 (Lot 13) and $58,000 (4 Taxiway Court) (see Appendix C of this RFP for additional detail). 2.2. Value Beyond Market Value In addition to a proponent offering market value (as stated herein), the Municipality is requesting that proponents outline their intended use of the property. Without limitation, the Municipality suggests that proponents include in their response; • A proposed use(s); and • Construction value

1 A second RFP is being concurrently released that deals with the adjacent parcel - Lot 12 (PID 55531511).


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The Municipality will not sell the subject property for speculative use, i.e., the Municipality does not wish to have the property banked by a purchaser for future undetermined use. To address this latter aspect, the related Purchase and Sale Agreement between the Municipality and the successful proponent will include a provision that requires a 25% non-refundable deposit and the use and construction to commence within two years as a condition of title conveyance, with the balance of the purchase price to be paid upon delivery of fee simple. 3 Instructions

The Municipality of the County of Kings invites proposals for the Purchase and Development of Cambridge Business Park Lot 13 and 4 Taxiway Court (PIDs 55531388 & 55531396). The Proposals will be based upon the specifications contained in this document. For questions concerning specifications, requirements, or application, please contact:

Rob Frost, Deputy Chief Administrative Officer The Municipality of the County of Kings 181 Coldbrook Village Park Drive Coldbrook, Nova Scotia, B4R 1B9 Tel: (902) 678-5290 Toll Free: 1-888-337-2999 E-mail: [email protected]

4 Submissions

You are urged to structure your response in accordance with the requirements contained in this document. See Appendix A for the general terms and conditions. It will be by these criteria that the Municipality determines whether a response is complete, appropriate and competitive. Proposals that do not conform to these requirements may not be considered. All information supplied in response to the RFP must contain sufficient details to support the proponents offer. Any proposals represent an irrevocable offer and shall be valid for a period of 60 days following the closing date for submissions. All proposals must be received before 2:00 PM local time November 19, 2020. A hard copy of the proposal containing the information noted in this RFP are to be submitted as follows: Submit in a sealed opaque envelope plainly marked "RFP 20-26: Purchase and Development of Cambridge Business Park Lot 13 and 4 Taxi-way court (PIDs 55531388 & 55531396)"


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If delivered by mail, address to:

Administration Attn: Rob Frost Municipality of the County of Kings 181 Coldbrook Village Park Drive Coldbrook, NS, B4R 1B9

If delivered by hand, deliver to:

Customer Services 181 Coldbrook Village Park Drive Coldbrook, NS Will be deposited in the tender box until the RFP closing

This document is not intended to limit a Respondent’s submission, but rather to provide a common framework for the Municipality to assess each proposal in a professional manner, in a demonstrably fair process. Bidders are encouraged to provide any unsolicited information or material not specifically covered in the sections of this RFP. See Appendix D for a response form. 5 Evaluation Process

All proposals will be evaluated for completeness and suitability for the requirements. Proponents will be contacted, if necessary, to clarify any major items in question. Based on the analysis of the Proposals, a ranking will be established and a successful proposal will be selected. A decision on the successful bid will be based on:

1) Compliance by the Bidder with the Request for Proposal pass/fail 2) Agreement to sign purchase and sale agreement,

with agreement to develop (if applicable) within a two year period from date of purchase pass/ Fail

3) Proposed Use 50% 4) Potential Future Tax Valuation/ Construction Value 50%

6 Timeline

This Request for Proposal process will be governed by the following timetable of events. Although the Municipality will attempt to meet all dates, it specifically reserves the right to modify any date(s) at its sole discretion by notifying all Respondents in writing at the addresses noted in the Proposals submitted to the Municipality.

Item Date Availability of RFP October 22, 2020 Proposal Submission November 19, 2020 Submission Evaluations December 3, 2020

No date after the Proposal Submission date of November 19, 2020 shall constitute any commitment by the Municipality for any review, evaluation, selection, and announcement or contract finalization.


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7 Proposals

All submissions must include the following information: 1. Future plans for the development of this property. This may include a business plan, or at a

minimum a plan of use statement. 2. Details on how the proposed development will have a positive economic and/or social impact for

the Cambridge area and the Municipality. This should include the proposed development, or investment in the property, as well as any potential employment as a result of the proposed development.

3. Proposed timelines for development. 4. Agreement to enter into a Purchase and Sale Agreement with the Municipality. This Purchase and

Sale Agreement will include the need to have development plans implemented as submitted in the selected proponent’s response to this RFP process within a two year time frame (completion date may be subject to negotiation).


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APPENDIX A: RFP GENERAL TERMS AND CONDITIONS

The following is the general terms and conditions for the Request for Proposals (RFP) except as modified by addenda issued by the Municipality of the County of Kings (Municipality) prior to the RFP closing date. 1. Notices

1.1. By submitting a response to the RFP, the Proponent represents and warrants that such bid is genuine and not false and collusive or made in the interest or in behalf of any person therein named, and that the bidder has not, directly or indirectly, induced or solicited any other bidder to put in a false bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure to the bidder an advantage over any other bidder.

1.2. The Proponent shall confirm in their submission that they agree to abide by the terms and conditions outlined in the RFP. Submissions which do not have this confirmation will not be considered.

2. Inquiries

2.1. All questions concerning this Request for Proposals shall be directed to Rob Frost,

Deputy Chief Administrative Officer.

2.2. Any attempt by the Proponent or any of its employees, agents, contractors, or representatives to contact members of Municipal Council or Municipal staff not identified in Section 2 of this RFP may lead to disqualification.

2.3. Any changes to this RFP shall be stated in writing by Addenda. Verbal statements made

by Municipal staff or their representatives shall not be binding.

2.4. All potential Bidders who download the RFP documents from the Municipality’s website or a third party website are advised that they should periodically check those websites for any addendums that may be issued. Those websites do not record or otherwise track information on persons downloading RFP documents.

3. Privilege

3.1. The Municipality reserves the right to suspend or cancel any RFP at any time for any reason without penalty.

3.2. The Municipality reserves the right to reject any and all bids or accept any bid or part thereof.


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3.3. The Municipality reserves the right to accept other than the highest price offered.

3.4. The Municipality reserves the right to award the purchase on the basis of the initial offers received, without discussions or requests for best or final offers.

3.5. No term or condition shall be implied, based upon any industry or trade practice or

custom, any practice or policy of the Municipality or otherwise, which are inconsistent with the provisions contained herein.

4. Confidentiality

4.1. RFP documents (including all attachments and appendices) may not be used for any purpose other than the submission of a proposal. By submitting a proposal, the Proponent agrees to public disclosure of its contents subject to the provisions of the Municipal Government Act relating to Freedom of Information and Protection of Privacy. Anything in the submission that the Proponent considers to be “personal information” or “confidential information” of a proprietary nature should be marked confidential and will be subject to appropriate consideration of the Municipal Government Act as noted above.

4.2. The work described in any RFP is being conducted with public funds, and the fees and expenses proposed in the Proponent’s submission will be made public.

5. Law

5.1. The law applicable to the RFP and any subsequent agreements shall be the law in force in the

Province of Nova Scotia.

5.2. In responding to the RFP, Proponents warrant their compliance with all appropriate Municipal, Provincial and Federal regulations, laws and orders.

5.3. Respondents must agree to indemnify the Municipality and its employees if they fail to

comply, and the Municipality reserves the right to cancel any agreement arising from the RFP if the proponent fails to comply with the above.

5.4. The successful Proponent shall indemnify the Municipality, its officers and employees against

and damage caused to the Municipality as a result of any negligence or unlawful acts of the successful Proponent, its employees, or agents. Similarly, the successful Proponent shall agree to indemnify the Municipality, its officers and employees against any claims or costs initiated by third parties as a result of any negligence or wrongful acts of the successful Proponent, its employees, or agents.

6. Submission and Evaluation


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6.1. Preparation: All expenses incurred in the preparation and presentation of submissions of the response to the RFP is entirely the responsibility of the Proponent. This includes but is not limited to labour, materials and the cost of site visits if applicable.

6.2. Method of Submission: Hard copy proposals will be the only form accepted. Email, facsimile,

or telephone proposals will not be considered unless otherwise specified. 6.3. Completeness: It is the Proponent’s responsibility to ensure that their submission is complete

and is delivered to the Municipality by the date and time indicated. Proposals submitted after the above noted time will be returned unopened.

6.4. Changes to Submissions: Changes in a submission will only be considered if submitted in

writing in a sealed envelope, and providing such change is received prior to the established closing date and time. E-mail and fax amendments or withdrawals shall not be accepted. Changes to a submission will not be accepted after the established closing date and time.

7. Quotations

Proposals must be in Canadian funds.


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APPENDIX B: RELATED PORTION OF THE MUNICIPALITY’S LAND USE BY-LAW

6.3 LIGHT INDUSTRIAL COMMERCIAL (M1) ZONE

6.3.1 Zone Purpose The purpose of the Light Industrial Commercial (M1) Zone is to provide for the development of less intense industrial uses commercial uses serving the industrial sector and commercial uses requiring large areas of land for outdoor storage, outdoor commercial displays or warehousing in accordance with policy 3.3.2 (a) of the Municipal Planning Strategy.

6.3.2 Uses

6.3.2.1 Permitted Uses

The following uses shall be permitted in the Light Industrial Commercial (M1) Zone subject to all applicable requirements of this By-law, including in Section 14 – General Regulations.

NON-RESIDENTIAL USES SPECIAL CONDITIONS

Abattoirs Agricultural Equipment and Parts Sales and

Service

Agricultural Related Industries Maximum 25,000 sq ft. of gross floor area

Agricultural Uses – Existing Subject to the requirements of the Agricultural (A1) Zone

Animal Boarding Facilities Section 14.3 Automotive Repair Automotive Sales and Rental Building and Construction Contractors Bulk Chemical Storage Bulk Fuel Storage Bulk Mineral Storage Bus/Taxi Stations Business Offices Carwash Facilities Correctional Centres Crematoria Drive-In Movie Theatres Dry-cleaning Facilities


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6.3.3 Zone Requirements The following requirements shall apply to all development located in the Light Industrial Commercial (M1) Zone.

Requirement All Permitted Uses (a) Minimum Lot Area: 10,000 sq ft. (b) Minimum Lot Frontage: 60 ft. (c) Minimum Front/Flankage Setback:

(main and accessory buildings) 20 ft.

(d) Minimum Side Setback: (i) Main Buildings (ii) Abutting a Residential Zone (iii) Accessory Buildings

10 ft. 30 ft. 4 ft.

Educational Facilities Emergency Services Equipment Rental Fishing Uses Food and Drink Production Maximum 25,000 sq ft. of gross floor area Funeral Homes Gas Bars Section 14.3 Goods and Services Shops Greenhouses Heavy Equipment Facilities Household Item Repair Services Indoor Recreation Uses Manufacturing Maximum 25,000 sq ft. of gross floor area Outdoor Commercial Display Parking Lots Professional Trades Retail Stores Self Storage Facilities Storefront Recycling Uses Transportation Services Veterinary Clinics Section 14.3 Warehouses Wildlife Rescue and Rehabilitation Centres


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(e) Minimum Rear Setback: (i) Main Buildings (ii) Abutting a Residential Zone (iii) Accessory Buildings

20 ft. 50 ft. 4 ft.

(f) Maximum Building Height: (i) Main Buildings (ii) Accessory Buildings

55 ft. 20 ft.

6.3.4 Additional Requirements

6.3.4.1 Outdoor Storage

Accessory outdoor storage shall be permitted subject to the conditions noted below.

(a) Outdoor storage shall not be located within ten (10) feet of any front and flankage lot line or within any required side or rear setback for a main building.

(b) The total area used for outdoor storage shall not exceed 50 per cent of the total lot area.

6.3.4.2 Outdoor Commercial Display

Outdoor commercial display shall not be located within ten (10) feet of any front and flankage lot line or within any required side or rear setback for a main building.

6.3.4.3 Accessory Holding Yards

Accessory holding yards shall be permitted subject to the conditions noted below.

(a) Where abutting a Residential Zone, an accessory holding yard shall meet the setback for a main building abutting a Residential Zone.

(b) The area devoted to an accessory holding yard shall not exceed 50 per cent of the lot area.

(c) An accessory holding yard shall be enclosed by an opaque fence having a minimum height of six (6) feet to screen it from the travelling public and adjacent properties.

6.3.4.4 Lot Surfacing

All areas of a lot not covered by buildings, parking areas, accessory outdoor storage, outdoor commercial display or an accessory holding yard shall consist of a permeable surface. Such materials can include landscaping such as grass, flower beds, shrubs, trees or other permeable materials such as gravel or interlocking stone.


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6.3.4.5 Fences

A fence and/or buffering shall be provided in accordance with the regulations related to fences in section 14.2 of this By-law and in accordance with policy 3.3.6 of the Municipal Planning Strategy.

6.3.5 Uses Considered by Development Agreement Pursuant to the Municipal Planning Strategy, the uses noted below may be considered by Development Agreement within the Light Commercial Industrial (M1) Zone.

(a) Proposals for educational facilities that cannot meet zone requirements in accordance with policy 2.5.17 of the Municipal Planning Strategy.

(b) Proposals for high-impact recreation uses that are not permitted as-of-right in the Commercial Recreation (P1) Zone in accordance with policy 2.7.14 of the Municipal Planning Strategy.

(c) Proposals for recreation uses that cannot meet the zone requirements of the Commercial Recreation (P1) Zone in accordance with policy 2.7.15 of the Municipal Planning Strategy.

(d) Uses compatible with the purpose of the Light Commercial Industrial (M1) Zone that do not otherwise meet the requirements of the zone in accordance with policy 3.3.7 of the Municipal Planning Strategy.

(e) Uses considered by Development Agreement in all zones listed in section 14.7.


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APPENDIX C: EXCERPTS FROM COMMERCIAL APPRAISAL REPORT

4 Taxiway Court, Cambridge Park Drive

AERIAL VIEW

SUBJECT

PROPERTY


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SUBJECT PROPERTY

FRONT ELEVATION


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REAR ELEVATION

LOCATION MAP

(l mi 0.5 1.5


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SITE PLAN


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Lot 13, Cambridge Park Drive

SUBJECT PROPERTY


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SUBJECT PROPERTY

STREET VIEW – LOOKING SOUTH

STREET VIEW – LOOKING NORTH


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LOCATION MAP


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SITE PLAN


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APPENDIX D: RFP RESPONSE FORM CAMBRIDGE BUSINESS PARK LOT 13 AND 4 TAXIWAY COURT

PIDS 55531388 & 55531396 The Municipality of the County of Kings request for proposals for Purchase and Development of Cambridge Business Park Lot 13 and 4 Taxiway Court (PIDs 55531388 & 55531396). .

RESPONDENT

ADDRESS

PHONE EMAIL

I/We, the undersigned, having examined the attached Request for Purchase and Development of Cambridge Business Park Lot 13 and 4 Taxiway Court (PIDs 55531388 & 55531396), and having read, understood, and accepted the conditions outlined in the Request for Proposal, each and all of which form a part of this proposal, hereby offer to purchase said property in strict accordance with the conditions hereto attached and as outlined in this proposal. SIGNED AT THE ________________ OF ______________________ IN THE COUNTY OF _____________________________ THIS _____________ DAY OF ___________________________, 20_____ ___________________________________________ ______________________________________ WITNESS SIGNATURE AUTHORIZED SIGNATURE


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APPENDIX D: RFP RESPONSE FORM

CAMBRIDGE BUSINESS PARK LOT 13 AND 4 TAXIWAY COURT PIDS 55531388 & 55531396

Property: Lot 13 (PID 55531388) and 4 Taxiway Court (PID 55531396) CONFIRMED BID $74,500______________________________________ Please describe future plans for the development of this property. This may include a business plan, or at a minimum a plan of use statement. (please attach any additional info as needed) __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Please provide details on how the proposed development will have a positive economic and/or social impact for the Cambridge area, and the Municipality. This should include the proposed development, or investment in the property, as well as any potential employment as a result of the proposed development. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Please provide information on proposed timelines for development. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ____________________________ _______________________________ Proponent Name Proponent Signature