NOTICE OF REQUEST FOR PROPOSALS KEY DATES · NOTICE OF REQUEST FOR PROPOSALS RFP-CED14PT ... The City acquired the Property in 2011 as a result of terminating the development agreement

NOTICE OF REQUEST FOR PROPOSALS RFP-CED14PT

206 East Portland Street

KEY DATES

RFP Issue Date: November 27, 2014

Pre-Proposal Meeting: December 16, 2014, 2:00 p.m. to 4:00 p.m. MST

Formal Inquiries Due Date: January 16, 2015, 5:00 p.m. MST

Proposal Due Date: January 30, 2015, 5:00 p.m. MST

RFP REPRESENTATIVE Isis Sanchez

[email protected] Phone (602) 262-5040

TTY (602) 534-3476

City of Phoenix Community and Economic Development Department

Community Development Division 200 West Washington Street, 20th Floor

Phoenix, Arizona 85003-1611

TABLE OF CONTENTS

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TABLE OF CONTENTS

SECTION I - INTRODUCTION ............................................................................................ 5

A. OVERVIEW .......................................................................................................................... 5

B. OBTAINING THE RFP AND ADDENDA ............................................................................... 5

C. SITE DESCRIPTION ............................................................................................................. 5

D. EVANS CHURCHILL / ROOSEVELT ROW NEIGHBOHROOD ............................................................ 6

E. TRANSIT-ORIENTED DEVELOPMENT ......................................................................................... 7

F. CITY OF PHOENIX CONTEXT .............................................................................................. 7

CITY OF PHOENIX .................................................................................................................................... 7

DOWNTOWN PHOENIX ............................................................................................................................. 8

PHOENIX BIOMEDICAL CAMPUS ................................................................................................................ 8

ARIZONA STATE UNIVERSITY .................................................................................................................... 9

BUSINESS, HOTELS AND CONVENTION CENTER ........................................................................................ 9

TRANSPORTATION & STREETSCAPES........................................................................................................ 9

SECTION II - DEVELOPMENT PARAMETERS ............................................................... 10

A. DESIRED PROJECT ................................................................................................................ 10

SECTION III - INSTRUCTIONS TO PROPOSERS ........................................................... 12

A. RFP CONTACT .................................................................................................................. 12

B. FORMAL INQUIRIES ......................................................................................................... 12

C. INFORMAL INQUIRIES ...................................................................................................... 12

D. DEFINITIONS OF KEY WORDS USED IN THE RFP .......................................................... 12

E. ADDENDA .......................................................................................................................... 13

F. FAMILIARITY WITH RFP .................................................................................................... 14

G. PRE-PROPOSAL MEETING .............................................................................................. 14

H. PREPARATION OF PROPOSAL ....................................................................................... 14

I. PROPOSAL FORMAT ......................................................................................................... 15

J. SUBMITTAL REQUIREMENTS .......................................................................................... 15

K. SUBMITTAL CONTENT ..................................................................................................... 16

L. SUBMISSION OF PROPOSAL ........................................................................................... 19

SECTION IV - EVALUATION CRITERIA .......................................................................... 20

SECTION V – SCHEDULE OF EVENTS .......................................................................... 22

TABLE OF CONTENTS

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SECTION VI – STANDARD INSTRUCTIONS .................................................................. 23

A. PUBLIC RECORD .............................................................................................................. 23

B. CONFIDENTIAL INFORMATION ....................................................................................... 23

C. CERTIFICATION ................................................................................................................ 24

D. COMMUNITY INVOLVEMENT ........................................................................................... 24

E. RFP PROCESS OUTLINE .................................................................................................. 24

F. RESPONSIVE PROPOSALS .............................................................................................. 25

G. NONRESPONSIVE PROPOSALS ..................................................................................... 25

H. WITHDRAWAL OF PROPOSAL ........................................................................................ 26

I. INTERVIEWS ....................................................................................................................... 26

J. CLARIFICATIONS .............................................................................................................. 26

K. PROPOSAL RESULTS AND AWARD RECOMMENDATION ............................................ 27

L. PROPOSAL VALID PERIOD .............................................................................................. 27

M. ADDITIONAL INVESTIGATIONS ....................................................................................... 27

N. PROCUREMENT FILE ....................................................................................................... 27

O. PROTEST PROCESS ........................................................................................................ 27

P. RESERVATION OF RIGHTS BY THE CITY ........................................................................ 28

Q. COVENANT AGAINST CONTINGENT FEES PAID TO PROPOSER ................................. 28

R. RIGHT TO DISQUALIFY..................................................................................................... 29

S. CONTRACT NEGOTIATION .............................................................................................. 29

T. INDEMNIFICATION ............................................................................................................ 29

U. INSURANCE REQUIREMENTS ......................................................................................... 30

V. LEGAL WORKER REQUIREMENTS.................................................................................. 30

W. APPLICABLE LAW ........................................................................................................... 30

X. ORGANIZATION EMPLOYMENT DISCLAIMER ................................................................ 31

Y. NO GRATUITIES ................................................................................................................ 31

Z. PREPARATION COSTS ..................................................................................................... 31

AA. TIME IS OF THE ESSENCE ............................................................................................. 31

BB. CITY COUNCIL APPROVAL............................................................................................ 31

SECTION VII – SOLICITATION TRANSPARENCY POLICY ........................................... 32

SECTION VIII - EXHIBITS ................................................................................................ 33

EXHIBIT A – 206 EAST PORTLAND STREET SITE MAP ...................................................... 33

TABLE OF CONTENTS

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EXHIBIT B – PROPOSER INQUIRY FORM ............................................................................ 34

EXHIBIT C – QUESTIONNAIRE AND AFFIDAVIT .................................................................. 35

EXHIBIT D – PROPOSER RFP CHECK LIST ......................................................................... 39

SECTION I - INTRODUCTION

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SECTION I - INTRODUCTION A. OVERVIEW The City of Phoenix (City), through its Community and Economic Development Department (CED), invites sealed Proposals for the sale or lease and redevelopment of City-owned properties located at 206 East Portland Street (Site). By inviting the disposition, the City seeks to further implement its strategic downtown vision, maximize the return on the $4 billion in public and private capital that has been invested in downtown Phoenix over the past decade, and maximize the return to the City. The City seeks Proposals that will make the best use of the Site, achieve the objectives outlined in this Request for Proposals (RFP), and add to the vitality of downtown Phoenix. B. OBTAINING THE RFP AND ADDENDA Interested Proposers may download the complete RFP, and addenda if applicable, from https://www.phoenix.gov/solicitations. Internet access is available at all public libraries. This RFP is available in large print, Braille, audio tape, or compact disc format. Please call (602) 262-5040, fax (602) 534-7140 or TTY (602) 534-3476 for assistance. C. SITE DESCRIPTION The Site is comprised of seven parcels (APNs 111-36-124, -125, -126, -127, -128, -129 and -130) totaling approximately 9,277 square feet of land and is depicted in Exhibit A. The Site was previously under construction in 2007 as a private, six-unit, four-story townhome residential development, through a development agreement with the City. However, progress on the project stopped shortly after starting due to the impact of the economic recession and the terms of the development agreement were not fulfilled. The City acquired the Property in 2011 as a result of terminating the development agreement and completing the foreclosure process. The entire Site is zoned: Downtown Code-West Evans Churchill zoning district (Section 1215 of the Zoning Ordinance). The Phoenix Zoning Code and specifically the Downtown Code, Chapter 12, can be found online at http://www.codepublishing.com/az/phoenix/.


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The City will disclose information relevant to this RFP, in separate documents that will be available on the RFP website (https://www.phoenix.gov/solicitations). This information is provided to assure that all Proposers have ready access to it, but the City does not warrant or guarantee that the information is accurate and disclaims any responsibility for inaccuracies. The City recommends that Proposers independently verify all information that is material to their Proposals. An appraisal of the Site was approved on October 23, 2014 and will be available online at the RFP Website. The appraised value of the Site is $215,000. D. EVANS CHURCHILL / ROOSEVELT ROW NEIGHBOHROOD The Site is situated in an area of downtown that is still transitioning and strengthening its identity and charater. South of the site is Roosevelt Row, an active arts cooridor with a mix of local restaurants, shops and galleries, in addition to being home to the popular First Friday events. North of the site lies Hance Park, one of downtown’s prominent parks that more recently underwent a large master planning study. The Evans Churchill neighborhood, although not designated as a historic neighborhood, has old bungalows and historic structures scattered throughout the area. The Site is surrounded by an eclectic mix of businesses, structures reminiscent of downtown’s history and the story of downtown’s growth. The City is therefore strongly encouraging proposals that will be compatible and enhance the existing foundations rooted in the neighborhood. Through the City’s community input process, downtown stakeholders noted a preference for projects that would ensure parking needs are being met for the development’s tenants. Additionally, strong support was voiced for more residential units in the area with a specific preference for residential-ownership. The following publications can provide Proposers with additional information regarding the growth of the area and the opportunities available due to the Site’s location in one of downtown’s prime neighborhoods:

• The Roosevelt Row: Artists’ District Creative Placemaking in Downtown Phoenix: http://issuu.com/rooseveltrow

• Hance Park Master Plan: https://www.phoenix.gov/parks/parks/alphabetical/h-parks/hance

• Downtown Phoenix Urban Form Project: https://www.phoenix.gov/pddsite/Pages/pzdocsdtplan.aspx


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E. TRANSIT-ORIENTED DEVELOPMENT The Site is located within a quarter mile of a light rail transit station and Proposers are encouraged to consider incorporating transit-oriented development (TOD) design elements to their projects. In general, TOD means making sure access to and from the transit station is walkable and accessible through an environment that is human-scaled. TOD provides a mix of compatible and complementary land uses which facilitate transit ridership, and provides streets that have a high level of connectivity with small blocks and with buildings and uses that cater to pedestrians. F. CITY OF PHOENIX CONTEXT

CITY OF PHOENIX Phoenix encompasses more than 519 square miles and has a population of over 1.4 million, ranking it the sixth largest City in the country. Phoenix is a premier destination, with more than 300 sun-filled days a year and an average temperature of 74.2 degrees; the risk of natural disasters such as earthquakes, hurricanes, tsunamis, and tornados is extremely low. Phoenix has a well-developed transportation system that provides access to the largest labor pool in the region. Downtown Phoenix is in the center of the freeway and public transportation networks and is approximately five minutes from Phoenix Sky Harbor International Airport. Virtually any area in the larger metropolitan area can be reached from downtown within 30 minutes. Phoenix serves as the core for innovation and entrepreneurs by providing international access for aerospace, high-technology, bioscience, advanced business services and sustainable technology companies. Global companies such as Honeywell Aerospace, Freeport McMoRan, Avnet, and APL/NOL call Phoenix home, while companies such as American Express, USAA, SUMCO Phoenix Corporation, Charles Schwab, Republic Services, United Healthcare and Mayo Clinic have major operations here. Since 2004 when the Translational Genomics Research Institute and International Genomics Consortium opened at the downtown Phoenix Biomedical Campus (PBC) Phoenix has added significantly to the number of bioscience companies on the PBC. Additional tenants include: The National Institute of Diabetes and Digestive and Kidney Diseases (NIH); University of Arizona (UA) Colleges of Medicine, Pharmacy and Public Health; Arizona State University School of Nutrition & Health Promotion; Northern Arizona University College of Health and Human Services; Viomics and Dignity Health (Barrow Neurological Institute / St. Joseph’s Hospital); The Bioscience High School is also located within the campus.


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DOWNTOWN PHOENIX The Site is located in downtown Phoenix, the urban heart of Arizona, which is the state’s focal point of business, government, education, culture, sports, entertainment and biomedical research. In the past decade, approximately $4 billion of private and public investment has occurred in downtown. The result is a safe, clean and vibrant environment enjoyed by millions of visitors, and tens of thousands of residents and employees. In December 2004, the Phoenix City Council adopted the Downtown Strategic Vision to incorporate advancements in development, guide future development and recognize significant initiatives of the City and community. Many of the goals expressed in that document have been achieved, including the creation of a metropolitan area light rail system, development of an Arizona State University Downtown Phoenix campus, tripling the size of the Phoenix Convention Center, opening the state’s largest hotel, and significant job, retail and residential growth.

PHOENIX BIOMEDICAL CAMPUS

The PBC is a 30-acre urban research park planned for more than six million square feet of biomedical-related research, academic and clinical facilities. The PBC is anchored by the headquarters and research facility of the Translational Genomics Research Institute (TGen) and the International Genomics Consortium (IGC). In 2006, the Arizona Board of Regents (ABOR) renovated three historic, former Phoenix Union High School buildings, totaling 85,000 square feet (SF), for the expansion of the UA College of Medicine - Phoenix. Open since 2007, the Arizona Biomedical Collaborative I (ABC I) is an ABOR-owned academic research facility, housing wet lab space for the UA College of Medicine – Phoenix. In 2012, construction was completed on the Health Sciences Education Building (HSEB); a 268,000 SF medical education building that houses the expansion of the UA College of Medicine, UA Mel and Enid Zuckerman College of Public Health and Northern Arizona University College of Health and Human Services. Construction was recently completed on a 20,000 SF below-grade research core, funded by the National Institutes of Health. Presently, the PBC contains seven completed buildings, one under construction and two in the planning phase. Construction is underway for the UA Cancer Center on the PBC, a $100 million 220,000 SF state-of-the-art outpatient cancer treatment facility. The cancer center will open in late 2015 and is projected to treat approximately 60,000 patients annually and bring approximately 500,000 visitors downtown. The Boyer Company plans to develop a six-story, 150,000 SF wet lab research facility and an approximately 1,200 space parking structure to support the Campus. All of these efforts are helping the City to fulfill its


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mission of creating a world-class biomedical campus focused on translational research and clinical care.

ARIZONA STATE UNIVERSITY

The Arizona State University (ASU) Downtown Phoenix campus opened in August 2006 with approximately 2,000 students. Now more than 10,000 students take classes here and more than 1,100 live on the downtown campus. The downtown campus continues to grow, as construction on the Arizona Center for Law and Society began in July 2014. By fall of 2016, this approximately $120 million, 260,000 SF facility will be home to the Sandra Day O’Connor College of Law as well as parking, retail, amenities, legal clinics and open space. For more information, please visit https://campus.asu.edu/downtown/.

BUSINESS, HOTELS AND CONVENTION CENTER

Downtown Phoenix is the legal, government, and banking center of the Phoenix metropolitan area, with a daytime population of about 57,000. In January 2009, the 900,000 SF Phoenix Convention Center completed a $600 million renovation making it the premier location for conventions and trade shows in the Southwest and one of the 20 largest convention centers in the U.S. Within easy walking distance of the Convention Center are major convention and business hotels such as the Hyatt Regency Phoenix and the Renaissance Phoenix Downtown Hotel. The state’s largest hotel, the $350 million 1,000-room Sheraton Phoenix Downtown Hotel, opened in October 2008 and is one block from the Convention Center. In 2010, the 242-room Westin Phoenix Downtown hotel opened in the Freeport McMoRan Center. More recently, in June 2012, the 242-room Hotel Palomar Phoenix opened within CityScape, a $500 million multi-block mixed-use development in the heart of downtown. In total, the downtown’s supply of hotel rooms is over 3,000.

TRANSPORTATION & STREETSCAPES

Central Phoenix has excellent access to many modes of transportation. Only minutes from Phoenix Sky Harbor International Airport, downtown also lies at the core of the freeway and public transportation networks. Virtually any suburban area in the region can be reached from downtown within 30 minutes. Downtown is also the center of the region’s $1.4 billion light rail system. For more information, please visit http://www.valleymetro.org/. The City and private sector have also invested millions of dollars in making downtown streets pedestrian friendly, maximizing shade and making connections to major points of interest easy and convenient. Over the past several years, the City has made a commitment to embracing “complete streets” as well as improving our bicycle master plan. For more information, please visit http://phoenix.gov/streets/index.html.

SECTION II - DEVELOPMENT PARAMETERS

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SECTION II - DEVELOPMENT PARAMETERS A. DESIRED PROJECT This section details the desired project that will result from a successful Proposal (the Desired Project), and lists specific development criteria that must be addressed in Proposals. These criteria include implementation of the City goals and policies discussed and referenced below. Proposers should review all referenced materials in their entirety. The City will consider all Proposals that are determined to be Responsive; however, the Desired Project is one that:

1. Creates an urban and/or mixed-use development or redevelopment project in downtown Phoenix that capitalizes on its prominent urban location.

2. Provides an innovative, high quality design that is aesthetically and functionally compatible with surrounding development. The form and design should create functional and appropriate transitions to buildings adjacent to the site.

3. Creates enhanced street-level amenities promoting walkability for pedestrians, and if applicable, with direct connections to adjacent bus and light rail transit stops, pedestrian and bicycle paths.

4. Is consistent with the Downtown Code zoning and all other applicable regulations, guidelines, adopted plans and the City’s goals and objectives for the area. TOD concepts should be a focus for Proposals adjacent to transit faclities. TOD provides a mix of compatible and complementary land uses that facilitate urban living and are supportive of transit which may include: office, commercial/retail, restaurant, residential, structured parking, civic space or other compatible urban uses. The project should meet goals identified in the Downtown Strategic Vision, notably creating housing alternatives, net new jobs and business opportunities. Downtown Code (Chapter 12 of the Zoning Ordinance): http://www.codepublishing.com/az/phoenix/. Downtown Strategic Vision: http://www.phoenix.gov/econdev/reinvest/focus/index.html#downtown-phoenix

5. If residential uses are a part of the Proposal, per Section 1103.1.9.3 of the

Phoenix Building Code the required percentage of Type A accessible units is 6% for new multi-family dwelling units for projects within one-quarter (1/4) mile of a light rail transit station. Information regarding accessibility can be found in the Phoenix Building Code at the City’s Planning and Development Department website at: http://phoenix.gov/DEVSERV/index.html.

SECTION II - DEVELOPMENT PARAMETERS

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6. Is initiated and completed within a reasonable time period acceptable to the City.

It is the City’s desire that Proposals will be completed in the shortest time frame possible. Proposals should outline strategies to mitigate any potential adverse impacts during the development stage of the project.

7. Contain business terms that provide tangible public benefits. Proposals should request minimal (if any) City assistance and provide maximum return to the City. The City’s primary form of assistance is Government Property Lease Excise Tax treatment (GPLET). Statutes governing GPLET can be found in the Arizona Revised Statutes, Title 42, Chapter 6, Article 5 (§ 42-6201 through 42-6210). The City may have capacity to further participate in projects that create a significant amount of public benefit, such as public infrastructure above and beyond what is necessary for the project. However, there is currently no identified or guaranteed City funding for proposals under this RFP.

8. Clearly describes the method of property control or acquisition.

9. Is in alignment with goals of the downtown community and adjacent neighborhoods. There are several neighborhood and community organizations in downtown Phoenix. The RFP Representative can assist Proposers in identifying the community organization or a list of active groups can be found online at http://phoenix.gov/nsd/programs/assistance/index.html. A summary of the input should be provided in the Proposal.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

SECTION III - INSTRUCTIONS TO PROPOSERS

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SECTION III - INSTRUCTIONS TO PROPOSERS A. RFP CONTACT

The contact representative (RFP Representative) for this RFP is:

Isis Sanchez [email protected]

Phone: (602) 534-5040 TTY (602) 534-3476

If there are questions about the RFP, the RFP process or any addenda, please contact the RFP Representative listed above.

B. FORMAL INQUIRIES

All Formal Inquiries, requests for significant or material clarification, technical interpretations or notification to the City of errors or omissions relating to this RFP must be directed, in writing, to the RFP Representative. Requests must be submitted using the Proposer Inquiry Form (Exhibit B) included in Section VIII of this RFP. Formal Inquiries may be submitted at any time, but must be received no later than the date detailed in Section V of this RFP, and will be answered through City issuance of addenda. Information regarding obtaining the RFP and addenda is contained in Section I.B. Proposers are responsible for obtaining any addenda issued pursuant to this RFP. The City of Phoenix takes no responsibility for informing Proposers regarding the issuance of addenda.

C. INFORMAL INQUIRIES All Informal Inquiries or requests for minor clarification relating to this RFP may be directed, in writing, email or orally, to the RFP Representative. While the RFP Representative may answer informal questions regarding the RFP, the City makes no warranty of any kind as to the correctness of any answers and uses this process solely to provide minor clarifications rapidly. Oral statements or instructions will not constitute an amendment to this RFP.

D. DEFINITIONS OF KEY WORDS USED IN THE RFP Addenda: Documents issued to amend portions of this RFP, to provide additional information or clarifications, or to respond to Formal Inquiries.


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Authorized Representative: The individual representing the Proposer who has the authority to contractually bind the Proposer, and who will serve as the single point of contact during the period of the RFP. Contracting Entity: The successful Proposer’s legal entity that will enter into contracts with the City to develop the project under the terms outlined in the LOI. Letter of Intent (LOI): Preliminary document between the City and the Proposer following award recommendation that outlines business terms. The LOI is the basis for recommendations to the City Council, and the subsequent City-drafted contractual agreements executed between the City and the Proposer. May: Something that is not mandatory but permissible. Proposed Project: The final intended development product that would result from the implementation of a Proposal, such as an office tower or multi-family residential complex including all associated improvements. Proposal: The formal written submittal from an entity responding to this RFP. The Proposal contains the responses required by this RFP and addresses all requirements contained with the RFP. The Proposal will also include the development project that is a result of the Proposal and associated contracts. Proposer: The development team and key individuals who will be responsible for completing the Proposed Project. Shall, Will, Must: Something that is a mandatory requirement. Failure to meet mandatory requirements may result in the rejection of Proposal as nonresponsive. Should: Something that is recommended but not mandatory. If the Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the offer without the information.

E. ADDENDA If necessary, the City may issue addenda to this RFP. Addenda may be issued to amend portions of this RFP, to provide additional information or clarifications, or to respond to Formal Inquiries. Proposers are responsible for obtaining any addenda issued pursuant to this RFP. The City takes no responsibility for informing Proposers when addenda are issued.


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F. FAMILIARITY WITH RFP

It is the responsibility of Proposers to examine the entire RFP and any addenda, seek clarification of any requirement that may not be clear, and check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal. The Proposer is responsible for fully understanding the requirements of the RFP and addenda.

G. PRE-PROPOSAL MEETING The date, time and location of a Pre-Proposal Meeting is indicated in Section V of this document. Attendance is strongly encouraged. Written minutes and/or notes will not be available. The purpose of this conference will be to review this Request for Proposals and respond to questions. Proposers are encouraged to review this RFP in its entirety prior to the Pre-Proposal Conference, and make formal or Informal Inquiries regarding any apparent omission or discrepancy in advance of this conference. As part of the conference, the City will review and discuss the Formal Inquiries received prior to the conference. Following the conference, the City will respond to Formal Inquiries by issuing an addenda, if needed. Verbal questions received and answered during this meeting will be considered Informal Inquiries.

H. PREPARATION OF PROPOSAL All Proposals must be in the Proposal Format described below. Facsimiles or electronic mail Proposals will not be considered. Erasures, interlineations, or other modifications of your Proposal must be initialed in original ink by the authorized person signing the Proposal. Periods of time, stated as a number of days, must be in calendar days. The City will not reimburse the cost of developing, presenting, submitting or providing any Proposal in response to this solicitation. All materials and Proposals submitted in response to this solicitation become the property of the City and will not be returned.


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I. PROPOSAL FORMAT The written Proposal must be signed by an individual authorized to bind the Proposer. Each Proposal must be:

1. Typewritten.

2. Submitted in an 8½ x 11 inch loose leaf three-ring binder.

3. Set forth in the same sequence as identified in Submittal Content. (i.e., Proposers should respond to this RFP in sequence and each narrative response should reference the applicable section of Submittal Content).

4. Tabbed by section as identified in Submittal Content.

5. Signed by an Authorized Representative of the Proposer. 6. Submitted with the signed and completed Questionnaire and Affidavit

(Exhibit C). 7. Submitted with the required performance deposit. 8. Proposal submittals should, and are encouraged to, be approximately fifty

(50) one-sided pages (or 25 double-sided pages) in length including illustrations, images and other documents.

J. SUBMITTAL REQUIREMENTS

1. Proposals must be submitted as:

One (1) original with signatures plus eight (8) color copies and one electronic copy. The electronic copy must include everything submitted in the hard copy and be saved in a PDF format. Only one set requires the “wet” signature of the Proposer.

2. Each Proposal must include a performance deposit in the amount of five thousand dollars ($5,000.00). The performance deposit must be submitted in the form of a cashier’s check payable to: City of Phoenix. The performance deposits of unsuccessful Proposers will be returned to the Proposers within 30 days of the City Council’s approval of business terms with the successful Proposer.


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3. Any person, firm, corporation or association submitting a Proposal will be deemed to have read and understood all the terms, conditions and requirements in the RFP, and any addenda.

4. All Proposals and accompanying documentation to the RFP will become the property of the City at the time the Proposals are opened.

K. SUBMITTAL CONTENT

Every Proposal must address each of the items listed herein, and may include any additional information that the Proposer believes may be important to the project.

1. Contact Information

a. Provide the primary contact information for the Authorized Representative. Information must include name, title, address, telephone number and email address.

b. Describe the Contracting Entity which Proposer anticipates would be entering into contracts with the City. The Contracting Entity must be organized and in good standing under the laws of the State of Arizona prior to entering into contracts with the City.

2. Executive Summary

Provide a concise summary and narrative of the overall Proposal. This summary should not exceed two pages.

3. Questionnaire and Affidavit

Proposer must complete, sign and include the Questionnaire and Affidavit included as Exhibit C.

4. Description of Scope/Scale of Proposed Project

a. Clearly detail and define the Proposed Project including: i. Gross square footage of project and proposed uses; e.g.

commercial, retail, residential, office ii. Number of (rental or ownership) residential units or hotel rooms.

Also, detail if there is a specific intended user for the product, e.g. affordable or senior housing, or business or boutique hotel

iii. Number of parking spaces (structured or surface) iv. Building height (feet and stories) v. Expected number of construction jobs vi. Expected number of permanent jobs vii. Estimated construction cost viii. Estimated project cost (all costs)


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b. Provide a conceptual site plan and building elevations. Colored building elevations are recommended. Identify any phasing on the drawings, where applicable.

c. Describe the proposed utilization of the Site and if all or only portions will be incorporated.

d. Describe how the Proposed Project will relate to adjacent buildings, public amenities and other uses.

5. Consistency with City Plans and Ordinances:

a. Detail how the Proposal is consistent with the City's goals, as stated in the Development Parameters.

b. Explain how the Proposal is consistent with the City’s Downtown Phoenix Strategic Vision and Blueprint for the Future.

c. Describe how the Proposal is consistent with other relevant City-approved area plans and policies.

d. Describe how the Proposed Project will create housing alternatives, net new jobs and business opportunities.

e. Describe how sustainability concepts will be incorporated into the Proposed Project.

f. Detail how the Proposed Project will create new or additional revenues for the City.

6. Proposer Qualifications:

a. Clearly identify name, principals, companies and organizational structure of Proposer.

b. Clearly identify roles and responsibilities of all Proposer team members. c. Cite Proposer’s experience successfully developing other projects of

similar scale and complexity, locally and nationally, including the roles and responsibilities of Proposer’s team members.

d. Provide proof of good standing of companies, where applicable. e. Provide contact information for references for other projects cited in 6.c. f. Provide evidence that Proposer has or is able to obtain any licenses or

permits required by law to carry out the Proposed Project. 7. Proposer Business Plan:

a. Provide research / market demand data that clearly demonstrates the project’s viability.

b. Provide details on how the Proposer intends to utilize the Site and in what form of control of the site, or portion thereof, the Proposed Project requires.

c. Demonstrate committed and qualified tenants / buyers / operators for the completed Proposed Project.

d. Clearly detail and define the Proposed Project’s development costs, including all construction costs, soft costs and contingencies.


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e. Clearly detail and define the Proposed Project’s operating pro forma, including all revenues, expenses, debt service, taxes, and other assessments. The pro forma should reflect the same term length of the requested duration of City assistance.

f. Provide reasonable assumptions for all costs and revenues. 8. Proposer Financial Capacity:

a. Describe a clear strategy to fund all Proposed Project costs. b. Clearly describe all sources, types and amounts of equity, financing,

grants and other funding sources. c. Cite any other projects in which the proposed equity / financing / granting

entities have successfully worked with the Proposer. d. Provide clear and compelling information to demonstrate Proposer’s

financial capacity to execute and complete the Proposed Project successfully.

e. Provide certificates of insurance or evidence of ability to obtain insurance in such amounts and with such terms as are specified in Section VI(U).

9. Project Time Line:

a. Provide a comprehensive schedule that addresses all phases of planning, entitlements, design, plan review, permits, construction and occupancy.

b. Provide a schedule with reasonable assumptions. c. Provide details on phasing, if applicable. d. Commit to complete the Proposed Project within a reasonable time period. e. Provide a construction mitigation plan that identifies potential impacts that

neighboring businesses and residents may experience due to development and operation of the Proposed Project, and propose viable mitigation plans.

10. Level of Return and Benefits to the City: a. Clearly outline the proposed business terms for the Proposal. Proposer’s

requests for City assistance (if any) should only be for assistance that the City can reasonably and lawfully provide, and specify details such as type of assistance, length of agreement term, commencement and completion dates, etc.

b. Requested level of assistance must be clearly and quantitatively demonstrated to be less than the public benefit generated by the project.

c. Describe the economic, fiscal, employment and other tangible public benefits to be generated by the Proposed Project.

d. Request a level of financial assistance that fills a clearly described financial gap in the Proposal.


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L. SUBMISSION OF PROPOSAL Proposals must be submitted by the Proposal Due Date. Proposals submitted after the Proposal Due Date will not be evaluated. Proposals must be delivered to the Reception area, Community and Economic Development Department, Phoenix City Hall, 200 West Washington Street, 20th floor, Phoenix, Arizona, 85003, attention of the RFP Representative. No telephone, facsimile or entirely electronic Proposals will be considered. Proposals must be submitted in a sealed package and the following information must be noted on the outside of the package:

Name of Proposer: ___________________________________________ Title of RFP: 206 East Portland Street RFP RFP-CED14PT


SECTION IV - EVALUATION CRITERIA

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SECTION IV - EVALUATION CRITERIA Responsive Proposals will be evaluated based upon the criteria contained herein unless specifically modified by addenda. The questions following each criterion below are not subcriteria; they are questions intended to assist proposers to better understand the evaluation criteria.

1. Description of Scope/Scale of Proposed Project: Has the Proposer clearly detailed and defined the physical aspects of the project? Has the Proposer detailed what portions of property, or how the entire property, will be incorporated into the project? Has the Proposer provided figures regarding construction and permanent jobs, and construction and project cost, along with compelling data supporting the figures? Has the Proposer demonstrated how the project relates to the adjacent uses? Has the Proposer provided a comprehensive and viable access and circulation diagram? (150 points)

2. Consistency with City Plans and Ordinances: Has the Proposer clearly described how the Proposal is consistent with the City’s goals, policies, plans and the Development Parameters? Is the project a unique, urban and/or mixed-use development or redevelopment? Did the Proposal describe how the project will create housing alternatives, net new jobs and business opportunities? (175 points)

3. Proposer Qualifications: Has the Proposer and development team been

detailed and described? What is the experience of the Proposer and their development team in financing, developing, managing and operating comparable projects? Does the Proposer and development team have a demonstrated track record of successfully financing, developing, completing and managing comparable projects? Did the Proposer provide sufficient contact information for comparable projects? (175 points)

4. Proposer Business Plan: Did the Proposer provide details on how they intend

to construct the project and detail their control of the site? Has the Proposal demonstrated specific, committed tenants and/or market demand for the proposed development? Are there details for operation or management of the project after completion of construction? Is the budget and pro forma provided sufficiently detailed and reasonable? (100 points)

SECTION IV - EVALUATION CRITERIA

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5. Proposer Financial Capacity: Has the Proposer clearly described the strategy to finance the project? Did the Proposer demonstrate their capacity to finance the project by providing specific written commitments and funding sources for the Proposal such as private equity in the project, grant funds, investor equity, traditional financing sources and other applicable funding sources? Does the Proposer have a proven track record successfully securing financing for projects of similar scope and scale? (125 points)

6. Project Time Line: Is the time frame in which the Proposer commits to complete the project reasonable? Does the schedule include the major milestones such as: preliminary review approval, building permit submittal, commencement of construction and completion of construction. If applicable, are the phases clearly detailed and reasonable? Did the Proposer provide a construction mitigation plan that addresses onsite and offsite impacts, and potential mitigation strategies? (100 points)

7. Level of Return and Benefits to the City: Will the Proposed Project provide a direct financial return to the City? Did the Proposer provide a clear description of the economic, fiscal, employment and other tangible public benefits? Has the Proposer clearly detailed the level, kind and amount of City participation requested in connection with the Proposed Project? Did the Proposer clearly show that the financial benefits to the public will outweigh the costs of any City assistance requested? Does the request for City assistance fill a clearly described financial gap? (175 points)


SECTION V - SCHEDULE OF EVENTS

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SECTION V – SCHEDULE OF EVENTS Key milestones for this RFP are outlined below. The City reserves the right to modify these dates as needed. Note that all times are shown as Mountain Standard Time (MST) and that Arizona does not observe daylight savings time. RFP Issue Date: November 27, 2014

Pre-Proposal Meeting Date: December 16, 2014, 2:00 p.m. to 4:00 p.m. MST

Pre-Proposal Meeting Location: Phoenix City Hall 200 West Washington Street, 20th Floor Room 20 East Phoenix, AZ 85003

Formal Inquiries Due Date: January 16, 5:00 p.m. MST

Proposal Due Date: January 30, 2015, 5:00 p.m. MST

Interviews Date: To be determined, however expected between February 23 to March 27, 2015, at Phoenix City Hall

SECTION VI – STANDARD INSTRUCTIONS

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SECTION VI – STANDARD INSTRUCTIONS This RFP does not commit the City to enter into an agreement, to pay any cost incurred by any Proposer in the preparation of a Proposal in response to this RFP or in subsequent exclusive negotiations, or to procure a contract for the Proposed Project. The following standard instructions apply to this RFP. A. PUBLIC RECORD

All Proposals submitted in response to the RFP will become the property of the City and will become a matter of public record available for review pursuant to Arizona state law after the award notification.

B. CONFIDENTIAL INFORMATION The City of Phoenix is obligated to abide by all public information laws. If a Proposer believes that a specific section of its Proposal is confidential, the Proposer must follow the following process.

1. The Proposer must provide a written basis for considering the marked pages confidential including the specific harm or prejudice if disclosed and the City will review the material and make a determination.

2. Proposer must mark any information as part of the Proposer’s Proposal that Proposer deems confidential (collectively "Confidential Information"). An example of Confidential Information is a highly detailed proforma.

3. Proposer must submit the above information in a separate package as a part

of the Original copy of the Proposal. a. The package must be clearly marked as “Confidential Information”. b. Include a prepaid envelope for the City to return the Confidential

Information.

If the City receives a request to review or disclose such Confidential Information, the City will provide Proposer written notice of the request to allow Proposer the opportunity to obtain a court order to prevent the disclosure or review of such Confidential Information. Proposer must obtain a court order within seven (7) calendar days from the date of the notice. If no court order is issued and received by the City within the seven day period, the City may disclose or allow the review of such Confidential Information. When Confidential Information is noted in the RFP file, the Protest Period will be extended 7 days to allow for this process.


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C. CERTIFICATION

By responding to this RFP, the Proposer certifies:

1. The submission of the Proposal did not involve collusion or other anti-competitive practices.

2. Proposer will not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

3. Proposer has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Proposal.

4. Proposer is financially stable and solvent and has the ability to meet all financial obligations outlined in the Proposal.

D. COMMUNITY INVOLVEMENT

The City has included community and neighborhood input in the development of this RFP. Staff may consult with community members and outside experts to assist in the evaluation of the Proposals, including participation on the Evaluation Panel. All members of the Evaluation Panel are required to sign an acknowledgement addressing confidentiality, ethics and conflict of interest issues. Proposers are not required to seek community input during the RFP process. However, once award recommendations are made and business terms approved by City Council the selected Proposer will be expected to seek out community input prior to submittal of building permits. Proposers will be expected to consult with the City through this process and make reasonable efforts to address, incorporate or respond to community input.

E. RFP PROCESS OUTLINE

The following steps will be followed in this RFP process. Upon receipt of a Proposal:

1. City Staff will perform an administrative review to determine if a Proposal is Responsive or Nonresponsive.

2. Proposers will be notified whether their Proposal is determined as Responsive or Nonresponsive.


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3. Responsive Proposals will be evaluated by an Evaluation Panel using a consensus scoring methodology. The Evaluation Panel will determine a consensus score for each of the Evaluation Criteria, which will then be added together to determine a total consensus score for each Proposal. The consensus scores will be determined by a majority of the panel members.

4. The Evaluation Panel may request Interviews with any Proposer(s) prior to determining a consensus score.

5. The Evaluation Panel’s consensus scores will help form the basis for the City’s decision to make an Award Recommendation and to negotiate business terms with a Proposer. The City will negotiate terms that are in the City’s best interest. In negotiations, the City may require the Proposer to change the Proposed Project to the City’s satisfaction. If the City cannot reach agreement on terms with the Proposer, the City may terminate negotiations and proceed to negotiate with another Proposer. Negotiations will continue until the City and a Proposer have agreed, subject to City Council approval, upon business terms to be included in a Letter of Intent.

6. If and when the City Council approves and authorizes a proposed transaction, the Proposer will be expected to enter into City-drafted agreements addressing business terms and performance benchmarks.

City staff alone will be responsible for negotiating business terms with recommended Proposers. The City reserves the right to reject, in whole or in part, any or all Proposals at any time. The terms and conditions of any agreement resulting from this RFP process are subject to approval by the Phoenix City Council.

F. RESPONSIVE PROPOSALS

Only Proposals determined, in the absolute discretion of City staff, to be responsive according to the criteria stated in this RFP will be evaluated.

G. NONRESPONSIVE PROPOSALS Proposals deemed nonresponsive in the administrative review will not be evaluated or considered for award recommendation. Proposals will be considered nonresponsive for the following conditions:

1. Proposal submitted after the Proposal Due Date. 2. Proposal submitted unsigned. 3. Proposal does not adequately address all requirements of the RFP, or is

otherwise incomplete. 4. Proposal is not consistent with the City’s goals for this site.


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5. Proposal contains false, inaccurate, or misleading statements that, in the opinion of the City, are intended to mislead the City in its evaluation.

6. Proposer fails to provide the performance deposit. 7. Proposer has insufficient qualifications or experience. 8. Proposer is not financially stable or solvent, or does not have the ability to

meet all financial obligations. 9. Proposer does not demonstrate a past record of sound business

performance and a history of fulfilling contractual obligations. 10. Proposer fails to demonstrate its ability to obtain and provide the payment

and performance bonds or the insurance coverages required by City.

The City may determine a Proposal to be nonresponsive at any time during the RFP process, and may consider information received or obtained at any point in the process in making a determination that a Proposal is nonresponsive according to the above criteria. Once such a determination is made the City will notify the Proposer of its determination, and may either cease its review and consideration of the Proposal or reject the Proposal as nonresponsive.

H. WITHDRAWAL OF PROPOSAL

At any time prior to the Proposal Due Date, a Proposer may withdraw its Proposal by submitting a request in writing to the RFP Representative and signed by the Proposal’s Authorized Representative. Facsimiles, emails and unsigned withdrawals will not be considered.

I. INTERVIEWS

The Evaluation Panel may request Interviews with any Proposer(s) prior to determining a consensus score and making a final recommendation. Interviews will provide Proposer(s) an opportunity to make a formal presentation and provide additional information or clarifications based on questions from the Evaluation Panel.

J. CLARIFICATIONS

The City reserves the right to conduct discussions with Proposers for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the Proposal in order to clarify a Proposal and assure full understanding of, and responsiveness to solicitation requirements. If such a clarification is deemed necessary, the only City staff authorized to contact the Proposer is the RFP Representative.


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K. PROPOSAL RESULTS AND AWARD RECOMMENDATION

Proposal results and Award Recommendations will be posted on the City’s website (https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations). All Proposers will be notified via email informing them of the City’s Award Recommendation.

L. PROPOSAL VALID PERIOD

In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for one hundred twenty (120) days after Proposal Due Date.

M. ADDITIONAL INVESTIGATIONS

The City reserves the right to make such additional investigations and to consider such additional information as it deems necessary to establish the competence and financial stability of any Proposer submitting a Proposal including, without limitation, information provided by Proposer’s former employees and/or creditors and information provided by City Departments or employees.

N. PROCUREMENT FILE

The procurement file will consist of, at the minimum, the RFP and the Proposals that have been submitted to the City in response to this RFP. The file will also include any addenda and City responses to Formal Inquiries that have been issued for this RFP.

O. PROTEST PROCESS

Award Recommendations will be posted as described in Section VI.K. above. Any Proposer may file a protest no later than 7 calendar days after the recommendation is posted on the website. All protests must be in writing, filed with the Procurement Authority identified in this subsection and include the following:

1. Identification of the RFP or other solicitation number; 2. The name, address, telephone number and email address of the protester; 3. A detailed statement describing the legal and factual grounds for the protest,

including copies of relevant documents; 4. The form of relief requested; and 5. The signature of the protester or its authorized representative.

The Procurement Authority will render a written decision within 14 calendar days after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is completed. The Procurement Authority for


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this RFP is: Community and Economic Development Director, 200 West Washington Street, 20th Floor, Phoenix, AZ, 85003.

P. RESERVATION OF RIGHTS BY THE CITY

Notwithstanding any other provision of this solicitation, the issuance of this RFP and the acceptance of Proposals do not constitute an agreement by the City that any contract will be entered into by the City of Phoenix. The City of Phoenix expressly reserves the right to:

1. Reject any or all Proposals or portions thereof submitted.

2. Reissue another Request for Proposals.

3. Negotiate with any qualified developer.

4. Extend the time frame for submission of the Proposals.

5. Request additional information from any or all applicants.

6. Negotiate business terms. The commencement of negotiations does not

commit the City to accept all of the terms of the Proposal. Final terms of any agreement will be agreed upon during negotiations. Negotiations may be terminated by the City at any time.

7. Waive any immaterial defect or informality.

8. Negotiate with other Proposers if terms cannot be reached or performance achieved in a timely manner.

Q. COVENANT AGAINST CONTINGENT FEES PAID TO PROPOSER

By submitting a Proposal, the Proposer and each member of the development team certify that they have not employed or retained any person or company, other than a member of the development team or a bona fide employee working solely for the Proposer or any member of the development team, to solicit or secure the contract described in this RFP, and that no agreement has been made to pay the Proposer or any member of its development team any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or execution of such contract. For breach or violation of this certification, the City will have the right to annul any contract entered into with a Proposer as result of this RFP without liability, or in its discretion to deduct the contract price or consideration, or otherwise, recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.


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R. RIGHT TO DISQUALIFY

The City reserves the right to disqualify any Proposer who fails to provide information or data requested herein or who provides materially inaccurate or misleading information or data. The City reserves the right to disqualify any Proposer on the basis of any real or apparent conflict of interest that is disclosed by the Proposals submitted or any other data available to the City. This disqualification is at the sole discretion of the City. By submission of a Proposal hereunder, the Proposer waives any right to object now or at any future time, before anybody or agency, including but not limited to, the City Council of the City, or any court, as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City.

S. CONTRACT NEGOTIATION

The submission of a Proposal in response to this RFP constitutes the agreement of the Proposer that any contract resulting from this RFP will be prepared by the City of Phoenix. The submission of a Proposal will further constitute the agreement that the Proposer will not insist on the use of standard contract agreements, documents or forms, and waives any demand for the use of their standard agreements. Pursuant to the City Charter, the language of the contract to be executed will be drafted under the supervision of the City Attorney and will be the controlling document. By entering into negotiations with a Proposer, the City does not agree to accept all of the terms or design of the Proposal.

T. INDEMNIFICATION

Proposer must indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Proposer or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any Claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee will, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Proposer from and against any and all Claims. It is agreed that Proposer will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Incorporated into any contract that is entered into with the City will be


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the requirement that the selected Proposer, at its sole cost and expense, must and does hereby indemnify, defend and hold the City harmless from and against any challenge, whether administrative, judicial or otherwise, by any person or entity, to the City's execution or performance under said contract, which indemnification obligation will survive the expiration or earlier termination of said contract.

U. INSURANCE REQUIREMENTS

As part of any Agreement pursuant to this RFP Proposer must procure and maintain until all of its obligations have been discharged liability, property damage, construction and other insurance in amounts sufficient to protect the interests of City, with terms and conditions and limits of liability commensurate with the nature and scope of the Proposed Project and satisfactory to the City, to be specified by City staff during the negotiation of a Letter of Intent.

V. LEGAL WORKER REQUIREMENTS

The City is prohibited by A.R.S. § 41-4401 from awarding an agreement to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Proposer agrees by submitting this Proposal that:

1. Proposer and each subcontractor it uses warrants their compliance with all

federal immigration laws and regulations that relate to their employees and their compliance with § 23-214, subsection A.

2. A breach of a warranty under paragraph 1 will be deemed a material breach of the Agreement and is subject to penalties up to and including termination of the Agreement.

3. The City retains the legal right to inspect the papers of the Proposer or subcontractor employee(s) who work(s) on this Agreement to ensure that contractor or subcontractor is complying with the warranty under paragraph 1.

W. APPLICABLE LAW

Any and all disputes arising under any contract to be negotiated hereunder or out of the Proposals herein called for will be governed according to the laws of the State of Arizona, and the Proposer must agree that the venue for any such action brought to enforce provisions of the contract will be in the State of Arizona.


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X. ORGANIZATION EMPLOYMENT DISCLAIMER

Any contract entered into as the result of this RFP will not constitute, create, give rise to or otherwise recognize an agreement or relationship, partnership or formal business organization of any kind between the City and the Proposer as contractor, and the rights and obligations of the parties will only be those expressly set forth therein. The recommended Proposer will be required to agree as part of any contract entered into as the result hereof, that no person supplied by it in the performance of the contract is an employee of the City, and further agree that no rights of the City’s Civil Service, Retirement or Personnel Rules accrue to any such persons. Any contracting party will have the total responsibility for all salaries, wages, bonuses, retirement, withholdings, workmen’s compensation and occupational disease compensation insurance unemployment compensation, other benefits and taxes and premiums appurtenant thereto concerning such persons provided by such party in the performance of the contract, and must save and hold the City harmless with respect thereto.

Y. NO GRATUITIES

Proposers must not offer any gratuities, favors, or anything of monetary value to any official or employee of the City nor its advisors for the purposes of influencing this selection. Any attempt by a Proposer to influence the selection process by any means, other than disclosure of qualifications and credentials through the proper channels, will be grounds for exclusion from the selection process.

Z. PREPARATION COSTS

Under no circumstance will the City be responsible for any costs incurred by anyone in (a) responding to this RFP (b) in any subsequent follow up to the submittal, or (c) in any subsequent negotiations of a contract.

AA. TIME IS OF THE ESSENCE

The parties agree that time is of the essence in the application of this RFP.

BB. CITY COUNCIL APPROVAL

Any agreement resulting from the RFP process is subject to approval by the Phoenix City Council.

SECTION VII - SOLICITATION TRANSPARENCY POLICY

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SECTION VII – SOLICITATION TRANSPARENCY POLICY

Upon submittal of a Proposal in response to this solicitation (RFP), and until the date the business terms for a successful Proposal are approved by City Council or the solicitation withdrawn, all persons or entities that respond to this RFP, including their employees, agents, representatives, proposed partner(s), subcontractor(s), joint venturer(s), member(s), or any of their lobbyists or attorneys, (collectively, the Proposer) will refrain, from any direct or indirect contact (via phone, email or any other type of communication) with any person (other than the designated RFP Representative) who may play a part in the selection process, including members of the evaluation panel, the Mayor and other members of the Phoenix City Council. As long as the solicitation is not discussed, Proposers may continue to conduct business with the City and discuss business that is unrelated to the solicitation. Proposers may request to discuss their Proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council. Such requests must be submitted through the RFP Representative who will communicate the request to the Mayor’s and City Council Member’s staff. If such meeting(s) are accepted, the RFP Representative must 1) schedule the meeting at the convenience of the elected representative, 2) hold the meeting at 200 West Washington Street, Phoenix, Arizona 85003, and 3) post the meeting as an open meeting with the City Clerk at least twenty-four (24) hours prior to the scheduled meeting(s). The City Clerk will be responsible for posting the meetings. The posted notice must identify the participants and the subject matter, as well as invite the public to participate. With respect to the award selection of the successful Proposer, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of Proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head to the evaluation panel or selecting authority must be provided in writing to all prospective Proposers. This policy is intended to create a level playing field for all Proposers, assure that Proposals are awarded in a clear and transparent procurement process, and protect the integrity of the selection process. Proposers that violate this policy may be disqualified.

SECTION VIII - EXHIBITS

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SECTION VIII - EXHIBITS EXHIBIT A – 206 EAST PORTLAND STREET SITE MAP

The Site (7 total parcels) is identified within the solid yellow line and is located at the northeast corner of 2nd Street and Portland Street as described in Section I.C.


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EXHIBIT B – PROPOSER INQUIRY FORM

PROPOSER INQUIRY FORM

RFP NAME: 206 EAST PORTLAND STREET RFP RFP-CED14PT INQUIRY DEADLINE: Inquiries are permitted until January 16, 2015 QUESTIONS ON: _____ORIGINAL PROPOSAL or _____ADDENDUM NO.____ SECTION NUMBER:_______ WRITER:____________________________ FAX NO.________________________ PHONE NO.________________________ COMPANY:________________________________________________________ COMPANY E-MAIL ADDRESS:________________________________________ DATE:____________________ QUESTIONS:

Submit this Form to: RFP Representative at [email protected]


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EXHIBIT C – QUESTIONNAIRE AND AFFIDAVIT

RFP QUESTIONNAIRE AND AFFIDAVIT

Assurances The undersigned Proposer hereby submits to the City of Phoenix (City) the enclosed Proposal based upon all terms and conditions set forth in the City’s Request for Proposals (RFP) and referenced materials. Proposer further specifically agrees hereby to provide services in the manner set forth in the Proposal submitted. The undersigned Proposer acknowledges and states, under penalty of perjury, as follows: 1. The City is relying on Proposer’s submitted information and the representation that

Proposer has the capability to successfully undertake and complete the responsibilities and obligations submitted in its Proposal and in the resulting contract.

2. The City has the right to make any further inquiry it deems appropriate to substantiate or

supplement information supplied by Proposer.

3. Proposer has read and fully understands all the provisions and conditions set forth in the RFP documents, upon which its Proposal is based.

4. The forms and information requested in the RFP are complete and made part of

Proposer’s Proposal. The City is not responsible for any Proposer errors or omissions.

5. This Proposal may be withdrawn by requesting such withdrawal in writing at any time prior to the Proposal deadline but may not be withdrawn after such date and time.

6. The City reserves the right to reject any and all Proposals and to accept the Proposal that,

in its judgment, will provide the best quality development to the City.

7. This Proposal is valid for a minimum of 120 days subsequent to the RFP Proposal deadline.

8. All costs incurred by Proposer in connection with this Proposal must be borne solely by

Proposer. Under no circumstances will the City be responsible for any costs associated with Proposer’s Proposal or the RFP process.

9. Proposer has not in any manner, directly or indirectly, conspired with any person or party

to unfairly compete or compromise the competitive nature of the RFP process.

10. The contents of this Proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Proposal.

Exhibit C, continued


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11. To the best of the Proposer’s knowledge, the information provided in its Proposal is true and correct and neither the undersigned Proposer nor any partner, corporate officer or managing employee have ever been convicted of a felony or a crime involving moral turpitude.

Proposal Summary

� Gross Square Footage (SF)

� Commercial SF

� Office SF

� Residential SF

� Other SF (detail)

� Number of Residential Units

� Type of Residential (circle) Rental or For Sale

� Residential Market type (circle)

Affordable/Income-Restricted or Market Rate or Mixed-Income

� Number of Hotel Rooms

� Number of Parking Spaces

� Building Height (feet and stories)

� Number of Buildings

� Estimated Number of Construction Jobs

� Estimated Number of Permanent Jobs

� Estimated Value of Project

Organization

Organization Structure of Entity to Enter into Contracts: 1. What is the name of the contracting organization/entity?

�

� What is the State of Arizona Corporation Commission file number?

� If this entity has not been formed at the time of Proposal submittal, describe the timing of

the creation of such entity:


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2. Please check the type of organization:

� Non-Profit 501(c)(3), if so, what year was it incorporated as a 501(c)3?

� Other Non-Profit

� Government Entity

� Sole Proprietorship

� Partnership

� Corporation

� Other

3. Identify the members, if LLC, partners, if a partnership, or officers, if a corporation, for the contracting organization/entity identified above. For the purposes of this RFP, addenda and exhibits, any questions regarding the principals are referring to the officers, partners and members as disclosed.

Legal Status

1. In the past 10 years, has your proposing entity, or any of its principals or its principal’s affiliates filed a petition in bankruptcy court or had involuntary proceedings filed in bankruptcy court? If "Yes," provide date, case name, case number, venue of the proceeding, and the status of each proceeding. Yes ( ) No ( )

2. Has your proposing entity or any of its principals or its principal's affiliates been declared to be in default under any obligation to or contract with the City? If "Yes," please provide details concerning the nature of the default, including the City contract number. Yes ( ) No ( )

3. Has the proposing entity or any of its principals or its principal’s affiliates currently involved in any litigation or claims against the City? If "Yes," provide details about such proceedings. Yes ( ) No ( )

4. Have any of the proposing entities or any of its principals or its principal’s affiliate’s contracts been terminated prior to their expiration terms, voluntarily or involuntarily, within the last 10 years? If "Yes," provide name, location, and date of the contract(s). Yes ( ) No ( )

5. Has the Proposer, or any corporation or other entity that has, directly or indirectly, a controlling interest in the Proposer, or any subsidiary of the Proposer or other entity in which the Proposer has a controlling interest or any of the Proposer’s principals, officers, or directors ever been barred from bidding on federal, state, or local government contracts? If "Yes," provide the current status of such suspension or debarment proceedings. Yes ( ) No ( )


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AFFIDAVIT SIGNATURES Signature(s) Name of Proposer (Legal Name): Printed Name of Authorized Person*: Title: Business Address of Proposer: Telephone and E-Mail: Signature of Authorized Person: *Proposal must be signed by an individual authorized to contractually bind the Proposer Name of Joint Venture and/or Subconsultant Partner (if applicable): Printed Name of Authorized Person: Business Address: Telephone and E-Mail: Signature of Authorized Person: NOTARIZED Signed and sworn before me this , day of , Notary Signature: My Commission Expires:

Affix Seal


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EXHIBIT D – PROPOSER RFP CHECK LIST

PROPOSER RFP CHECK LIST (Not necessary to return with Proposal)

� 1. All forms have been signed. All of Section III, requirements have been followed and submitted, including Exhibit C.

� 2. All RFP conditions have been read (Section VI and VII)

� 3. The specified number of copies has been submitted.

� 4. Any additional information required pursuant to addenda has been included.

� 5. The submittal package has been properly labeled in accordance with Section III.L.

� 6. The response is delivered no later than the Proposal Due Date specified in Section V – Schedule of Events.

� 7. The performance deposit has been provided.