Request for Proposals




Washington Elementary School Site




            March 15, 2006
TABLE OF CONTENTS
1.        CITY INVOLVEMENT WITH SITE ......................................................................
1.       CITY INVOLVEMENT WITH SITE

         a)     Background

In 2003, the Boulder Valley School District (“BVSD”) clos...
c)        Assumptions

Boulder’s City Council also identified the following assumptions that need to be taken into
account...
3.       DEVELOPMENT AND REVIEW OF RFP RESPONSE

         a)     Stages

                1) RFP Issuance – After the RFP i...
•   Preservation of Historic Values
     •   Value of Community Benefit

4.       FINAL SELECTION, CONTRACT AND COVENANTS
...
7.     CONFIDENTIALITY

Respondents may request that financial qualifications or financial statements be kept confidential...
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Request for Proposals

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Request for Proposals

  1. 1. Request for Proposals Washington Elementary School Site March 15, 2006
  2. 2. TABLE OF CONTENTS 1. CITY INVOLVEMENT WITH SITE .....................................................................................................3 a) Background ...................................................................................................................................... 3 b) Goals................................................................................................................................................. 3 c) Assumptions ..................................................................................................................................... 4 2. RESPONSE REQUIREMENTS..........................................................................................................4 a) CONCEPT PLAN SUBMISSION ................................................................................................... 4 b) RFP SUBMISSION.......................................................................................................................... 4 3. DEVELOPMENT AND REVIEW OF RFP RESPONSE .....................................................................5 a) Stages................................................................................................................................................ 5 b) Evaluation Factors............................................................................................................................ 5 4. FINAL SELECTION, CONTRACT AND COVENANTS ......................................................................6 5. PROCESS TIMELINE ........................................................................................................................6 6. FURTHER INFORMATION ABOUT THE SITE AND THE PROCESS ..............................................6 7. CONFIDENTIALITY............................................................................................................................7 Attachments Attachment 1: Amendment No.1 to MOU including: Exhibit A: Legal Description For The Washington School Property Exhibit B: BVSD Purchase Contract Attachment 2: Architectural Inventory Attachment 3: List of Potential Financial Resources Attachment 4: Land Use Application Form (As modified for this process) Attachment 5: Concept Plan Requirements (As modified for this process) Attachment 6: RFP Response Form 2
  3. 3. 1. CITY INVOLVEMENT WITH SITE a) Background In 2003, the Boulder Valley School District (“BVSD”) closed the Washington Elementary School. In early 2005, the BVSD Board of Education voted to declare the entire three-acre site (the “Site”), located at 1215 Cedar Avenue, “surplus,” a first step in plans by BVSD to sell the Site. Pursuant to a memorandum of understanding (“MOU”) between BVSD and the City of Boulder (the “City”), the City was given the option to lease the Site to explore whether it wanted to purchase it for City or community use. On September 1, 2005, the City exercised its option and entered into a one year lease of the Site in order to explore development opportunities or uses that would preserve the historic values of the Site while also considering appropriate uses that could provide additional benefits to the community. If the City can identify an appropriate proposal for the Site during the lease period, it will then deliver the purchaser(s) to BVSD pursuant to the terms of a site-specific amendment of the MOU developed by city and BVSD staff but still subject to final approval by City Council on March 20, 2006, and the BVSD Board on April 11, 2006, (“Amendment No.1 to MOU,” Attachment 1). b) Goals On September 20, 2005, Boulder’s City Council identified the below goals for the Site. On March 7, 2006, after reviewing preliminary proposals for the Site, City Council supplemented these goals. A summary of Council’s March 7th additions will be reviewed and approved by Council on March 20, 2006, and will be shared with all RFP respondents immediately after that meeting. Responses to the RFP should demonstrate an ability to meet Council’s goals for the Site. • Preservation of the historic values associated with the Site (See Architectural Inventory, included as Attachment 2) and consideration of appropriate uses that provide additional community benefit. • Defining community benefit broadly to include any of the following: o Attraction/benefit to the cultural or scientific or educational or entertainment or artistic or humanistic or civic life of the community; o Affordable housing beyond the percentage required by existing city code (20%); o Senior housing; or o Housing for people with disabilities. The intent is to exclude from the definition unrestricted market-rate residential development offering only the city’s minimally required affordable housing. • Pursuance of a fair and thorough RFQ/RFP process to identify a respondent with the ability to o Purchase the Site for the price required by the Boulder Valley School District within the maximum two year lease period available to the city, (See BVSD Purchase Contract, included as Attachment 1, Exhibit B, for specific information on price and closing date requirements) and to; o Develop and maintain the Site consistent with one of the proposals selected by City Council and the Board of Education at the end of the RFQ/RFP process. 3
  4. 4. c) Assumptions Boulder’s City Council also identified the following assumptions that need to be taken into account by respondents: • In order to provide opportunities for a community benefit, a portion of the Site may be developed for purposes not meeting the above definition of community benefit. • Once the RFQ/RFP process is complete, the city will not contribute financial resources toward the purchase, development, maintenance or operation of the Site from its general fund. While other public and private resources may be available, it will be the respondent’s sole responsibility to investigate and identify these resources and to present a unified response to the RFQ/RFP which demonstrates an ability to finance the submitted proposal. (see “List of Potential Financial Resources,” Attachment 3) 2. RESPONSE REQUIREMENTS a) CONCEPT PLAN SUBMISSION As described in greater detail in Section 3(a)(2) of this RFP, a concept plan must be submitted by April 15, 2006. Please use the land use application form and attachment, as modified for this process, included as Attachment 4 and 5 for this submission. Fifteen (15) copies must be submitted. b) RFP SUBMISSION RFP submittals must include one original response, single-sided, bound with a clip, and thirty-five (35) duplexed, three-hole punched copies, as well as an electronic copy in Microsoft Word and Excel for items 1 through 7, that includes the following: 1) Project Summary Sheet 2) Project & Respondent Details 3) Sources & Uses of Funds 4) Acquisition & Development Pro Forma a. (Form Provided) b. (Respondent’s format) 5) Operating & Management Pro Forma - rental projects only a. (Form Provided) b. (Respondent’s format) 6) Market Analysis (Respondent’s format) 7) Marketing Plan (Respondent’s format) 8) Commitment Letters from Development Partners (Respondent’s format) 9) Final Concept Plan 10) Respondent Certifications Please use the response form included as Attachment 6, and available on-line at: http://www.ci.boulder.co.us/comm/Washington/, unless otherwise indicated. Supplemental attachments may be added at the end of the response if needed. The City reserves the right to reject any or all proposals or to waive informalities and irregularities in proposals received at its sole discretion. 4
  5. 5. 3. DEVELOPMENT AND REVIEW OF RFP RESPONSE a) Stages 1) RFP Issuance – After the RFP is issued, City staff and an independent business plan consultant will be available to respond to questions relating to developing a successful response. 2) Concept Plan Submittal – Due to the size of the Site, concept plan review and comment and site review are required prior to any development or significant physical changes to the Site. To expedite the process, the City will provide RFP respondents, free of charge, with concept plan review concurrently with development of a RFP response. The concept plan provides an opportunity for the respondent to receive staff, community and Planning Board comment on the proposal’s conceptual site development options. The concept plan is not approved or denied. Concept plans should illustrate the design framework of the proposal, including land uses, general vehicular and pedestrian connections, general location and size of parking lots, approximate scale of buildings and their relationship to the street and other properties, arrangement of open spaces, and other general components of site arrangement, building massing, and scale. It is also helpful to include the major design alternatives considered along with an analysis of the strengths and limitations of each design. Concept plans are intended to show, in a general manner, the key design concepts of a proposal as well as their interrelationship. Concept plans should not contain the level of detail required at site review. 3) Community Meeting – Respondents will be required to attend a community meeting, prior to completing the RFP response, to present their preliminary proposal and to receive community feedback. 4) Planning Board Review and Comment on Concept Plans – The City’s Planning Board will provide comments on the concept plans submitted. Respondents may choose to incorporate some, all, or none of the comments, into the final concept plan which must be included as part of the final RFP submittal. 5) Staff Review Of Final RFP Responses – Staff will review the final responses to ensure that they contain the required content. Staff and an independent business plan consultant will also analyze and evaluate the following aspects of the proposals: a. Initial investment funding plan b. Ongoing financing plan c. Preservation of historic values plan d. Extent of compliance with land use code This analysis and evaluation will be forwarded to the Washington Elementary School Site Community Review Panel (“Review Panel”). 6) Community Review Panel Development of Recommendation – The Review Panel will review all RFP responses, staff and consultant analysis and evaluations, and hear presentations from the respondents. The Review Panel will then develop a recommendation for City Council on which respondent(s) to forward to BVSD. b) Evaluation Factors The Review Panel will evaluate proposals and develop its recommendation based on the following factors: • Initial Investment Funding Plan • Ongoing Financing Plan 5
  6. 6. • Preservation of Historic Values • Value of Community Benefit 4. FINAL SELECTION, CONTRACT AND COVENANTS Proposals recommended by the Review Panel will be forwarded for consideration to City Council. As described in greater detail in Attachment 1, Council will then decide whether to provide BVSD with one potential purchaser, a prioritized list of potential purchasers, or a list of purchasers from which BVSD may select. The selected respondent will then be required to enter into a contract with BVSD and provide a bid bond, irrevocable letter of credit, or other bid security in the form satisfactory to BVSD and the City, in the amount of at least 10 percent of the base price of the Site. Within ninety days after Council’s selection of a preferred purchaser, the selected respondent will be required to close on the Site and agree to two types of covenants: • Covenants to ensure that the Site will be developed and maintained in a manner that is consistent with the representations made in the select proposal, including any representations regarding plans to apply for landmarking. • Covenants to restrict the Site from being used as a school without BVSD approval. After closing, the proposal will then be subject to the normal provisions of the City of Boulder land use review process, except for the concept review stage which will have already been completed. 5. PROCESS TIMELINE Activity Date RFP Issued March 15, 2006 Concept Plan Submittal April 15, 2006 by 4:00 p.m. Community Meeting T.B.D. Planning Board Comment onf Concept Plan June 15, 2006 Proposal Submittal Deadline June 30, 2006 by 4:00 p.m. Staff and Consultant Analysis July, 2006 Review by Community Review Panel July, 2006 Council Selection of Proposal September, 2006 Real Estate Contract between BVSD/City 10 Days After Council Selection Agreements to City Covenants on Use Prior to Closing Closing 90 Days After Council Selection 6. FURTHER INFORMATION ABOUT THE SITE AND THE PROCESS Further information about the Site and this process are available on-line at: http://www.ci.boulder.co.us/comm/Washington/. Additional questions or concerns should first be directed to: Carl Castillo Policy Advisor City Manager's Office City of Boulder Tel: (303) 441-3009 Fax: (303) 441-4478 Cell: (303) 859-4504 castilloc@ci.boulder.co.us 6
  7. 7. 7. CONFIDENTIALITY Respondents may request that financial qualifications or financial statements be kept confidential. All confidential information shall be submitted under a separate cover and marked confidential. Such information will only be protected to the extent permitted under the Colorado Open Records Act, § 24-72-101, et seq., C.R.S., or any other law that may otherwise require disclosure. The respondent will be required to state what provisions of the Open Records Act would allow the information provided to be kept confidential. It is anticipated that the following provision of the Open Records Act may provide a basis for confidentiality: “Trade secrets, privileged information, and confidential commercial, financial, geological or geophysical data furnished by or obtained from any person.” § 24-72-204(3)(a)(IV), C.R.S. Under the Colorado Open Records Act, it is insufficient, as a matter of law, to merely classify information as confidential. Under the provisions of § 24-72-204(3)(a)(IV), the information will only remain confidential if disclosure of financial information would be likely either: (1) to impair the government’s future ability to gain necessary information; or (2) to cause substantial harm to the competitive position of the person providing the information.” Freedom Newspapers, Inc. v. Denver & Rio Grande Western R.R. Co., 731 P.2d 740, 746 (Colo. App. 1986). If a request is made by a member of the public to see such documents, the City will notify the applicant and ask if such information may be released. If the respondent consents or does not reply to the request, the city manager will release the information. If the respondent requests that the information not be released, the respondent may be required to defend its position that the document should remain confidential in any legal action to which the City may become a party. In any event, the following individuals will likely have access to the confidential information: the City Council, city manager, city attorney, city employees, consultants employed by the City, members of the Review Panel, and other persons that may be requested to review such material by the City Manager. Any respondent accepts the risk that information marked confidential may be disclosed, and by submitting a proposal, agrees to hold harmless the City, its employees, contractors, public officials, or members of the Review Panel from any damages that my result from such disclosures. PROPOSALS ARE DUE BY JUNE 30, 2006 AT 4:00 P.M. NO LATE PROPOSALS WILL BE ACCEPTED. 7

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