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HomeMy WebLinkAboutRFP - 7092 COMMUNITY MARKETPLACE FEASIBILITY ANALYSISCity of Fort Collins �,,Purchasin§`- Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing REQUEST FOR PROPOSAL 7092 COMMUNITY MARKETPLACE FEASIBILITY ANALYSIS The City of Fort Collins on behalf of the Downtown Development Authority ("DDA") requests proposals related to feasibility analysis for the Community Marketplace project. Scope includes project concept analysis, suitability of a site, basic analysis of local consumers, model variety of tenant mixes and forecast revenues, conduct gap finance analysis, develop finance plan options and assist local planning team to outline and develop a business plan for the Community Marketplace. Written proposals, four (4) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), December 10, 2009. Proposal No. 7092. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions, preferably by e-mail, concerning the scope of the project should be directed to Project Manager Matt Robenalt, mrobenalt(cDfcgov.com or (970) 484-2020. Questions regarding bid submittal or process should be directed to John D. Stephen, CPPO, LEED AP, Senior Buyer istephen@fcgov.com or (970)221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcqov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. The City of Fort Collins is subject to public information laws, which permit access to.most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 10 PERSONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, (hereinafter the "City"), the FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic (hereinafter the "DDA"), and (hereinafter the "Professional"). WITNESSETH: WHEREAS, pursuant to C.R.S. 31-25-807 the DDA is empowered to make and enter into all contracts which are necessary or incidental to the exercise of its powers and performance of its duties; , WHEREAS, the services rendered by the Professional will advance the statutory mission of the DDA; and WHEREAS, the DDA will be compensating the Professional for providing those services described by Exhibit " " attached hereto, but desires that the City act as its agent with respect to the oversight of the services rendered by the Professional, subject to the controls set forth herein. NOW, THEREFORE, in consideration of,the mutual covenants and obligations herein expressed, the receipt and adequacy of which are hereby acknowledged, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit " ," consisting of pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit consisting of page(s), and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence .on 20, and shall continue in full force and effect until 20_, unless sooner terminated as hereinafter provided. 4. Early Termination by the DDA. Notwithstanding the time periods contained herein, the DDA has the right to terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of any such early termination by the DDA, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the DDA agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed according to Exhibit consisting pages and incorporated herein by this reference. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide to both the City and the DDA reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. A compact disc of the as -built drawings shall also be submitted to the City and the DDA in an AutoCAD version no older than the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement, and continuing every thirty (30) days thereafter for the term hereof, Professional shall provide to the City Representative a written report of the status of the work with respect to the Scope of Services, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Quality and Accuracy of Services. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including, but not limited to, designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 10. Independent Contractor. The services the Professional will be performing hereunder are those of an independent contractor, and not of an agent or employee of the City or the DDA, nor shall the Professional's employees, agents or subcontractors be considered employees or agents of the City or the DDA. Neither the City nor the DDA shall be responsible for withholding any portion of the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 12 11. License and Business Requirements. The Professional shall hold, in the Professional's name, all licenses necessary to perform the Scope of Services, and shall have full authority to do such business in the State of Colorado. The Professional shall at all times during the term hereof have a designated place of business for making and accepting communications with or from the DDA. 12. Insurance Requirements. The Professional shall provide and maintain during the. term hereof, at its own expense, and from insurance companies acceptable to the City, the insurance coverage designated hereinafter, and shall require the same of all subcontractors providing services in connection with this Agreement: A. Employee Insurance. The Professional shall provide for all of its employees engaged in work performed under this Agreement: Workers' Compensation. In accordance with the laws of the State of Colorado. ii. Employer's Liability Insurance. In an amount not less than One Hundred Thousand Dollars ($100,000.00) per occurrence, Five Hundred Thousand Dollars ($500,000.00) aggregate, for each employee. B. Liability Insurance. The Professional shall provide the following liability insurance coverage: i. Commercial General Liability and Automobile Liability Insurance. Commercial general liability and commercial automobile liability insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well. as for claims for property damage, which may arise directly or indirectly from performance of work under this Agreement. Amount of coverage for commercial general liability shall be not less than One Million Dollars ($1,000,000.00) combined single limits, per occurrence, for bodily injury, death and property damage. Amount of coverage for commercial automobile liability shall be not less than One Million Dollars ($l',000,000.00) combined single limits, per accident, for bodily injury, death and property damage, and coverage shall extend to any vehicle (including owned, hired and non -owned vehicles) used by the Professional, or with the consent of the Professional, in connection with the performance of the Scope of Services. The City and the DDA shall be named on such policy or polices as additional insureds with primary coverage. Such policy or policies shall contain a standard .cross -liability endorsement, and shall also contain substantially the following statement: The insurance covered by this Certificate shall not be canceled or materially altered, without ten (10) days' prior written notice to the City of Fort Collins, Colorado." ii. Professional Liability Insurance. Professional liability insurance covering errors and omissions of the Professional. Amount of coverage shall be not less than One Million Dollars ($1,000,000.00). 13 iii. Certificates of Insurance. Prior to commencing work hereunder, the Professional shall furnish the City with certificates of insurance for all liability insurance required herein, which show the type, amount, class of operations covered, effective dates and date of expiration of policies. C. Subcontractor Liability. In the event that any work performed hereunder is performed by a subcontractor, the Professional shall be responsible for any and all liability resulting from, arising out of or in any way connected to the work performed under this Agreement by the subcontractor, which liability is not covered by such subcontractor's insurance. D. Breach of Insurance Requirements. In the event the Professional breaches any provision of this Section 12, the City, at its option, and in its sole discretion, may take out and maintain throughout the term hereof any insurance policy or policies necessary to meet the insurance requirements contained herein, and the cost of such policy or policies shall be deducted from payments due, or which may become due, to the Professional. 13. Modification of Agreement. No subsequent modification of any term or provision of this Agreement shall be valid, binding upon the parties or enforceable unless made in writing and signed by the parties hereto. 14. No Assignment. The parties hereto acknowledge that the City and the DDA enter into this Agreement based upon the unique qualifications and special abilities of the Professional and that this Agreement shall be considered an agreement for personal services. Accordingly, the Professional shall not have the right, power or authority to assign any responsibilities nor delegate any duties arising hereunder to any other individual or entity without the prior written consent of the City and the DDA. 15. Default. Each and every term and provision contained herein shall be deemed to be a material element of this Agreement. In the event either party hereto should fail or refuse to perform in accordance with any term or provision of this Agreement, such party may be declared in default. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncured after the ten (10) day period, the party declaring default may elect to: (a) terminate this Agreement and seek damages; or (b) avail itself of any other remedy at law or equity. 17. Acceptance Not Waiver. Approval by the City or the DDA of drawings, designs, plans, specifications, reports and incidental work or materials furnished hereunder shall in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. Neither the City's nor the DDA's approval or acceptance of, or payment for, any of the services shall be construed to operate as a waiver of any rights or benefits provided hereunder. 18. Limitation on Waiver of Breach. The failure of either party hereto to insist, in any one instance or more, upon the performance of any of the duties, obligations, covenants or conditions of this Agreement, or to exercise any right or privilege herein conferred, shall not be 14 construed as thereafter waiving any such duties, obligations, covenants, conditions; rights or privileges, but the same shall continue and remain in full force and effect. 19. Indemnification. The Professional shall indemnify, hold harmless and defend, at the Professional's expense, the City and the DDA, their officers, directors, members, employees and agents from and against any loss, cost, expense or damage, including, but not limited to, the City's and the DDA's attorneys' fees, court costs, other legal expenses and judgments, and against all liability whatsoever claimed by third parties against the DDA or the City, resulting from, arising out of or in any way connected with the Professional's performance of the Scope of Services; except where such loss, costs, expense, damage or liability is the result of the gross negligence of the City or the DDA. In any and all claims against the City or the DDA, or any of their officers, members, directors, agents or employees, by any employee or agent of the Professional, or of any the Professional's subcontractors, the indemnification obligation under this Section 19 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Professional or any subcontractor under workers' compensation laws, disability benefit laws or other employee benefit laws provided by local, state or federal law. 20. Notification of Claim. The City and/or the DDA shall notify the Professional within a reasonable time after receiving notice of any claim for which the indemnity provision contained herein would apply. So long as the Professional promptly and vigorously defends a claim, the Professional shall have control over the defense and settlement of any such claim; provided, however, that the Professional must obtain a complete discharge of all City and/or DDA liability through any such settlement. In the event that the Professional fails to promptly and vigorously pursue the defense and/or settlement of such claim, the DDA and/or the City may, at their option, and in their sole discretion, assume the defense and settlement thereof, and the Professional shall be liable for all costs and expenses incurred by the City and/or the DDA in the pursuit thereof. The City and/or the DDA shall furnish, at the Professional's reasonable request and expense, information and assistance necessary for such defense. 21. Notice. Any notice required or desired to be given by any party to this Agreement shall be in writing and may be personally delivered; sent by certified mail, return receipt requested; or sent by a nationally recognized receipted overnight delivery service, including the United States Postal Service,. United Parcel Service, Federal Express, or Airborne Express, for earliest delivery the next day. Any such notice shall be deemed to have been given and received as follows: when personally delivered to the party to whom it is addressed; when mailed, three delivery (3) days after deposit with the United States Postal Service, postage prepaid; and when by overnight delivery service, one (1) day after deposit in the custody of the delivery service. The addresses for the mailing or delivering of notices shall be as follows: 15 If to the Professional: If to the City: City of Fort Collins, Purchasing and Risk Management ATTN: James O'Neill II, Director PO Box 580 Fort Collins, CO 80522 If to the DDA: The Fort Collins, Colorado Downtown Development Authority ATTN: Matt Robenalt, Executive Director 19 Old Town Square, Suite 230 Fort Collins, CO 80524 With a copy to: Liley, Rogers & Martell, LLC ATTN: Lucia A. Liley, Esq. 300 S. Howes Street Fort Collins, CO 80521 Notice of a change of address of a party shall be given in the.same manner as all other notices as hereinabove provided. 22. Subject to Annual Appropriation. Any financial obligations of the DDA arising under this Agreement which are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated, budgeted and otherwise made available by the City Council of the City, in its discretion, and/or the Board of the DDA, in its discretion, as applicable. 23. Successor Entity to the DDA. In the event that the legal existence of the DDA terminates during the term of this Agreement, it is expressly acknowledged by the parties hereto that the City is designated the DDA's successor entity, and all rights and obligations of the DDA set forth herein shall thereupon become the rights and obligations of the City. 24. Governing Law/Venue/Severability. The laws of the State of Colorado shall govern the execution, construction, interpretation and enforcement of this Agreement. Should either party hereto institute legal suit or action resulting from, arising out of or in any way connected with, this Agreement, it is agreed that venue for such suit or action shall be proper and exclusive in the District Court of Larimer County, Colorado. If any term or provision contained herein is held to be illegal, invalid or unenforceable under local, state or federal law, such term or provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable term or provision had never comprised a part hereof and the remaining terms and provisions contained herein shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or term or by its severance herefrom. 25. Attorney Fees. In the event that any litigation is commenced by either party hereto against the other party, which litigation results from arises out of or is in any way related to this Agreement, the court shall award to the substantially prevailing party all reasonable costs and expenses, including attorneys' fees and other legal expenses. 16 26. Prohibition Against Employing Illegal Aliens. Pursuant to Colorado Revised Statutes ("C.R.S.") § 8-17.5-101 et seq., the Professional represents and agrees that: A. As of the date of execution of this Agreement: i. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and ii. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in -Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program, an employment verification program established pursuant to C.R.S. § 8-17.5-102(5)(c) C.R.S. and administered by the Colorado Department of Labor and Employment, Division of Labor, in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. B. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. The Professional shall not use the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants during the term hereof. D. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: Notify such subcontractor and the DDA within three days that The Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this Section 38 the subcontractor does not cease employing or contracting with the illegal alien; except that the Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102 (5). 17 F. If the Professional violates any provision of this Agreement pertaining to the duties imposed by C.R.S § 8-17.5-102 the DDA shall have the right to terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the DDA arising out of the Professional's violation of C.R.S. § 8-17.5-102. G. The DDA will notify the Office of the Secretary of State if the Professional violates this provision of this Agreement and the DDA terminates the Agreement for such breach. 27. Integration/Survival. This contract, which includes this Agreement together with any exhibits incorporated herein by reference, represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, whether written or oral. All conditions, rights, privileges, duties, covenants, warranties and obligations contained herein shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective survivors, heirs, personal representatives, successors and assigns, and shall remain in full force and effect and shall survive, to the maximum extent allowable by law, the termination or expiration of this Agreement. 28. Local, State and Federal Law. The meaning of "local, state or federal law," shall include any and all relevant acts, statutes, ordinances, rules, regulations, common law doctrines and judicial precedents, which are now in force or which may hereafter be articulated, rendered, adopted, enacted, amended or promulgated. 29. Headings. Headings contained herein are for organizational purposes only and shall not affect the interpretation of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. 18 ATTEST: By: Bill Sears, Secretary ATTEST: By: Corporate Secretary THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic By: Patty Spencer, Chairperson CITY OF FORT COLLINS, COLORADO, a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Date: PROFESSIONAL By: Title: Date: (Corporate Seal) 19 Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill Il, CPPO, FNIGP Director of Purchasing & Risk Management where renewal is a way of life PROJECT DESCRIPTION 7092 COMMUNITY MARKETPLACE FEASIBILITY ANALYSIS J:Z�a1���1���iZ[��L�7► The DDA, in collaboration with the City of Fort Collins, Colorado State University, Northern Colorado Food Incubator, Mennonite Mutual Aid, and Wolf Moon Organic Farm, has developed a vision for the proposed Community Marketplace and completed a statement of programmatic feasibility. Information is available at www.downtownfortcollins.org/marketplace.htm. The proposed Community Marketplace will be a multi -level mixed -use facility organized around the principle of "Locally Sustainable - Globally Fair'. The facility will blend the traditional elements of a public market to highlight the food and agricultural products of the region in a ground -floor space called the Market Hall, and Upper Floors consisting of two levels of professional office space and small community meeting spaces, The facility will push the envelope of sustainable building practices. The building will demonstrate innovative energy and water saving features, smart heating/cooling/ventilation applications, and the use of reclaimed and green -manufactured materials that are certified and from sources that can be traced back to fair and sustainable production practices. Market Hall The Market Hall is the main floor of the Marketplace. It will include a mix of tenants offering fresh foods, including produce, fruit, dairy products, meat, eggs, poultry, baked good, prepared foods, dry goods and other items. It will also include cafes and at least one restaurant. It is anticipated that it will have several. prepared food and take-out vendors as well (e.g., a sandwich shop, burritos, etc.) In addition to long-term tenants, there will be at least two additional vendor opportunities. First, flexible space will be available for short-term vendors on a monthly rental enabling small local businesses to participate in the Marketplace with lower barriers to entry than a long-term lease. Secondly, there will also be day tables available for part-time vendors. And finally, there will be a farmers market outdoors one or two days a week around the Marketplace, during the growing season. Upper Floors The upper floors of the Marketplace will broaden the appeal of the facility by focusing on a "From Locally Sustainable to Globally Fair"character, and contribute to the facility's role as a magnet for businesses and consumers drawn to the values and vision of the Marketplace. Upper floors tenants will be selected and incubated for their commitment to pursuing a Triple Bottom Line (Economic Viability, Environmental Sustainability and Social Equity). Tenants will demonstrate -their commitment to these principals through their stated organizational goals, their promotional activities, and where appropriate, through external certifications. The upper floors will also provide small meeting and conference rooms, and a rooftop deck intended to provide the facility tenants with formal and informal meeting spaces. The meeting spaces and rooftop deck will be available to the general public on a fee -for -use basis. II. PROJECT FUNDING Funding for the elements of this project outlined in this RFP will be provided through DDA resources. Funds have been appropriated and are available upon approval of a professional services contract. The budget available for these services is $80,000. Ill. PROPOSAL FORMAT The Consultant shall structure the proposal in the following format: 1. Project Understanding 2. Scope of Work 3. Project Manager and Key Team Member Capabilities 4. Team Capabilities 5. Fee Proposal 6. Project Schedule The proposal shall be no longer than 20 pages for items 1 through 6 above, not including appendices. Resumes and relevant project experience summaries may be part of the appendices. IV. SCOPE OF WORK GENERAL The Fort Collins Downtown Development Authority ("DDA") requests proposals related to feasibility analysis for the Community Marketplace project. The requested consultant advisory services will consist of the following: 1. Project concept analysis and summary 2. Analyze the suitability of a site owned by the DDA for the marketplace project. If the site is found to be unsuitable, a second phase of site analysis will be required to identify and examine additional sites; 3. Identify site acquisition and order -of -magnitude project development costs; 4. Conduct demographic research and basic analysis of local consumers related to offerings of the proposed Market Hall; 5. Model variety of tenant mixes and forecast revenues and operating expenses based on completed program feasibility for Community Marketplace and knowledge of established projects of similar character; 6. Conduct gap finance analysis; 7. Develop finance plan options and recommend preferred finance strategy; 8. Assist local planning team to outline and develop a business plan for the Community Marketplace. The consulting team will provide all necessary services to prepare a financial feasibility model to maximize cash -flow, an operations and maintenance cost schedule, a subsidy schedule if necessary, and conduct a site analysis with assistance of DDA staff. It is the intent of this scope of work to give prospective consultants the needed information to prepare a proposal for advisory services. This information can be found at www.downtownfortcollins.org/marketplace.htm and includes interview notes, aerial photography, maps, and all manner of reports prepared for the DDA Board of Directors. The director of the Downtown Development Authority will be available to answer questions during the proposal process. The Consultant shall perform or coordinate the following activities as part of the contractual obligation for this project. A. PROJECT CONCEPT ANALYSIS 1. Review all available project documentation and reports and provide the planning team with a summary analysis that identifies strengths, weaknesses, and opportunities of the proposed Community Marketplace concept. The primary audience of the concept analysis shall be the local project planning team, and the analysis should identify fatal flaws, commonly repeated errors made by local communities when developing public markets, and statement of unidentified opportunities. 2. The analysis shall be presented in an executive summary format (maximum 5 pages) covering the aforementioned topics, and used to inform the planning team of adjustments to the proposed scope of work suggested herein. Adjustments may consist of, but not necessarily limited to, additional steps of financial feasibility as recommended by the consultant team. B. SITE ANALYSIS Part 1. a. Evaluate the DDA-owned former Elks building site as a location for the Community Marketplace. The site is located at 140 E. Oak Street, Fort Collins and is approximately 37,360 square feet or .72 acres. The Elks building is slated for deconstruction/demolition in early 2010 and the site ready for redevelopment. b. The evaluation should consider the site relative to retail character traits, available parking, availability of space for an outdoor farmers' market vending area, and delivery vehicle access. The Consultant should also note any other observations regarding the advantages and limitations of this site based on their experience with similar facilities in other communities. Part 2. (This sub -task should be treated in the fee proposal and project schedule as an optional service and clearly separated.) If the DDA-owned former Elks building site is determined to be unsatisfactory in the opinion of the Consultant as a site for the Community Marketplace, then additional downtown sites should be evaluated per the following: a. The Community Marketplace must be built in the Fort Collins central business district. b. The Community Marketplace must be easily reached by foot from the intersection of College and Mountain, nearby residential neighborhoods, and the downtown transit center. c. The analysis should consider public and private land. d. The analysis should consider locations relative to available parking, availability of space for an outdoor farmers' market vending area (including on -street locations conducive to routine, temporary closures), and delivery vehicle access. e. The analysis should consider sites based on strong retail character traits and acknowledge existing conditions in the central business district. C. FINANCIAL FEASIBILITY 1. Analyze the local and regional consumer market demand for the Market Hall. 2. Analyze cost impact of preferred sites selected including land costs, and order -of - magnitude costs for demolition, construction, and parking. 3. Identify a tenant mix plan for both the Market Hall and Upper Floors. 4. Identify management and marketing estimate. 5. Analyze potential usage to maximize cash -flow. 6. Create development pro forma. 7. Develop five-year operations pro forma based on estimated revenues and expenses. This analysis should also include a best practices comparison with two to three similar facilities. 8. Identify and discuss legal and other considerations related to the start-up nature of the proposed facility. 9. Demonstrate operations pro forma scenarios with and without debt services, and identify financial gaps that may require long-term public subsidy. 10. Provide statement of economic impact in format useful in securing supplemental funding from government agencies, private foundations, etc. The Consultant should note as a part of the financial feasibility the critical assumptions made regarding the availability of local products needed to drive the financial model. For example, if specific numbers or types of venders are critical to creating a successful pro forma, that information should be highlighted. D. FINANCE PLAN 1. Recommend a development finance strategy that effectively leverages public finance tools available to the DDA and City. E. BUSINESS PLAN It is the intent of the DDA to break business plan development into two parts. The first part includes steps 1 through 4 below, which is to be completed by the consultant team within the time frame identified in Section X of the RFP. The planning team expects to use the content of steps 1 through 4 to inform future discussions with local leadership on the development of a management and ownership structure for the Community Marketplace. Step 5 will consist of development of a completed business plan, and the consultant will work with the DDA to integrate decisions on final management and ownership structure. 1. Evaluate completed work of planning team related to management structures that serve facilities with the combined Market Hall and Upper Floor uses. 2. Make suggestions to refine the local planning team's conclusions regarding management philosophies and organizational structure. 3. Provide examples of business plans from similar start-up facilities and established facilities. 4. Prepare a business plan outline for use by the local planning team in future feasibility steps to determine the preferred management and ownership structure. 5. Upon completion of the local planning team's analysis and selection of an appropriate management and ownership structure for the Community Marketplace, the consultant will prepare a final business plan for the facility. V. CONSULTANT TEAM STRUCTURE - Preferred The DDA prefers a consultant team with the following skill -sets and structure: Lead Consultant • Finance and market analyst professional with a demonstrated record of providing services to start-up and existing public market organizations and ownership entities. The lead consultant will have provided services similar to those requested in this RFP to at least 5 public market facilities in the past 3 years. Supporting Consultants • Fort Collins -area land development professional with strong working knowledge of municipal development process, downtown commercial real estate leasing trends, and project cost estimating for infill development. • Architecture design professional with a proven record of providing successful public market facility design services for renovation or new construction. The local planning team's desired outcome for working with a consultant team structure as described above is to ensure the lead consultant has adequate experience providing advisory services to public market organizations and a strong working knowledge of this specialized industry. The professional office and community meeting space components of the proposed project are considered by the DDA to be established, viable uses in Downtown Fort Collins as demonstrated in various for -profit and not -for profit development projects throughout the central business district. The expertise of the lead consultant should not be limited to traditional office and mixed -use development. The preferred pairing of a local land development professional with the lead consultant is desired for several reasons. including the local professional's knowledge of current office lease rates, local construction costs and trends, land values, and working knowledge of the City of Fort Collins land development standards. The architecture design professional providing support to the lead consultant is expected to translate the complex space demands of public market facilities to local sites, and work closely with the lead consultant and local development professional to provide critical inputs for the development pro forma. VI. MEETINGS AND PUBLIC PROCESS Coordination and review by City and DDA staff will be required throughout the project. It is anticipated that the following meetings will be required, at a minimum, for this project: Initial Coordination Meeting: At this meeting the Consultant will be expected to provide a detailed schedule of the process, including the work of any sub -consultants, identifying important milestones in the process and target dates for these milestones. Progress Meetings: Progress meetings will be held every two weeks during the course of the project. Meetings may be more frequent at times, if need be. Teleconference is an acceptable format for progress meetings. Public meetings: The DDA anticipates there will be one public meeting. This will be in the form of a neighborhood meeting using affected property owner, business owner, and interested stakeholder lists generated by the DDA. The DDA will be responsible for leading the public involvement program with the support of the Consultant. The Consultant will be responsible for development of presentation content and materials for the public meetings. The Lead Consultant will be expected to attend at least 2 DDA board meetings for review of the project, and one City Council meeting at at, date to be determined. VII. DESIGN STANDARDS The City's current standards for development review, engineering, storm water, utility work, and building permits will apply to this project, and should be considered in the order -of -magnitude cost estimates for site development. Vlll. FEES These services will be awarded based on a Not -to -Exceed Time and Reimbursable Direct Cost Basis Agreement. The DDA will not allow markup of reimbursable expenses. The Consultant will provide as part of its submission a fee proposal by major task based upon their proposed scope of services. Upon the selection of the Consultant, the final scope of services and fee may be negotiated. IX. SCHEDULE Advertise November 12, 2009 Proposals due December 10, 2009 Interviews January 5, 2010 Completion of services by May 31, 2010 (excluding development of final business plan) X. ADDITIONAL SERVICES AS NEEDED The DDA may request additional services as needed related to feasibility and/or development of the Community Marketplace from the Consultant. Additional services will require submission, by the Consultant of a revised scope of work and fee proposal by major task. XI. EVALUATION AND ASSESSMENT OF PROPOSAL An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria. The ranking scale shall be from 1 to 5, with 1 being a poor rating and 5 an outstanding rating. Recommended weighting factors for the criteria are listed adjacent to the qualification. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate.? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope?