Section 1 INTRODUCTION

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1 City and County of Butte-Silver Bow Developers Packet Request for Proposals (RFP) for the Construction of a Parking Garage in Uptown Butte Butte, MT Section 1 INTRODUCTION Thank you for your interest in the development of a 250-space Parking Garage in the heart of Uptown Butte, Montana. This RFP is a request for detailed plans for the financing, construction, and operations of a minimum 250 space parking garage, from professionals in the development community. The level of design, and operation of the project must be commensurate with highquality, historic and individualized, non-franchised architecture. Respondent must show demonstrated successes in developing and operating garages and other large scale developments. Section 2 DEVELOPMENT OPPORTUNITY The property development opportunity is to design, build and operate a full-service parking garage with other potential amenities, to be determined by the developer. The project is intended to attract more Uptown patrons, businesses and investment and to promote the City-County of Butte-Silver Bow (BSB) as a strong tourism, retail, entertainment, cultural and professional destination. The project must be consistent with BSB plans that relate to its historic Uptown core and dynamic Central Business District including, but not limited to, the stated goals of the Urban Revitalization Agency s Urban Renewal Plan. Section 3 BUTTE, MONTANA Located near the Continental Divide of the Rocky Mountains roughly halfway between Yellowstone National Park and Glacier International Park BSB offers breathtaking beauty and rich recreational opportunities. As Sunset Magazine says: You haven t seen the real Montana until you ve been to Butte. The Old West-meets-urban vibe makes it one of the most authentic and interesting stops on your trip. Historically, Butte has been known as The Richest Hill on Earth due to the vast wealth of valuable ores lying beneath its surface. It began as a collection of small mining claims; becoming a large and booming mining center during the 1900s. While the business community is proud of Butte s heritage, there is reason to focus on what Butte is today a city in transition to a more 1 P a g e

2 diversified economy, including energy research, education, medicine, transportation, tourism and environmental technology. For all the right reasons, Butte remains The Richest Hill on Earth it is rich in history, arts, culture, opportunity and people, in the midst of one of the most beautiful areas of Southwest Montana. Rimmed by the peaks of mountain ranges, BSB provides nearby access to blue ribbon trout fishing, world-class golf courses, hiking, hunting, skiing, soaking (in commercial hot springs), snowmobiling, and many other outdoor recreational opportunities. For young people looking to get a strong start in life, Montana is ranked as fourth in the nation, based on nine different criteria, including both economic and lifestyle factors, according to MoneyRates.com. Butte-Silver Bow has the most affordable housing in the state, according to a 2012 study done by the Montana Association of Realtors. With a great quality of life, affordable housing, good schools and an excellent place for kids, people want to live, work and raise families in BSB. As the locals say, the only thing better than visiting Southwest Montana, is living here. Section 4 2 P a g e

3 It is the intention of BSB to: PROJECT GOALS AND OBJECTIVES 1. Develop (at a minimum) 250 Space Parking Garage for the public benefit, and exploration of the option for conference space and a green roof and; 2. Enhance the dynamic environment of Uptown Butte with a parking structure that promotes and compliments the area s existing retail, dining, entertainment, accommodation, and meeting venues; 3. Serve as an added catalyst for continued economic growth and provide a direct economic benefit to Butte; 4. Maximize the site s potential in a creative and complementary manner; reflect and respect the historical, architectural and spatial context of the sites; and 5. Further the goals and objectives of BSB and the URA, as outlined in the adopted Urban Revitalization Plan. Section 5 THE PROPERTY The development opportunity is located on a 16,342 square foot parcel known as Mural Park located on Park Street in Uptown Butte (most city s traditional Downtown) (see attached map), and the surface parking lot to the south. The parcel presently serves as a surface parking lot and bus transfer stop and contains 48 parking spaces. The property was acquired by BSB in 1976 and Additionally, the parcel is located in the heart of Uptown, centered on Park Street, surrounded by restaurants, shops and art galleries. The site is owned by BSB and currently managed by the BSB Parking Commission as a public parking lot and green-space parcel. The parcel is located in the center of Butte s Historic Landmark District. BSB is a Certified Local Government as designated by the National Park Service and the design of this garage must reflect the historic nature of the district. Section 6 SELECTION Through this RFP process, the highest qualified proposals will be forwarded to the URA Board of Directors, the BSB Parking Commission and the BSB Council of Commissioners for final 3 P a g e

4 selection. Formal negotiations for a sale and development agreement are expected at the end of this process. Section 7 DEVELOPMENT SITE INFORMATION The proposed 16,342 square foot site is located on real property owned by BSB, legally described as follows: Lot 42 and 43, the W. 4 of Lot 11, the E. 6 of the N. 70 of Lot 13, the W. 20 of the E. 21 of Lot 13, the E. 6 of the S. 30 of Lot 13 and the W. 21 of Lot 13, Butte Townsite Addition, all in Block 37, Section 13, T3N, R8W, P.M.M., Silver Bow County, Montana. The selected developer may choose to negotiate with the neighboring property owners if more land is required to meet their development needs and BSB is committed to assisting in initiating these conversations. Map A 4 P a g e

5 Map B Section 8 DEVELOPMENT PARAMETERS The property is located in a C-3 Zone (Central Commercial Zone), intended primarily to accommodate stores, offices, service establishments, hotels, and government and cultural centers at the central focal point of the arterial and transportation systems where they can conveniently serve the population of BSB, State of Montana and the entire surrounding area with a varied and specialized selection of goods and services. Please refer to the BSB Municipal Code Chapter 17.26, which requires the following parameters for development; d=tit17zo_ch17.26cecozo_ prinus 5 P a g e

6 Building height limits. There shall be no building height limit requirement. (Ord , 1978) Minimum lot area. There shall be no minimum lot area requirement. (Ord , 1978) Minimum lot width. There shall be no minimum lot width requirement. (Ord , 1978) Property Appraisal Section 9 DUE DILIGENCE INFORMATION BSB has contracted with a professional appraiser to obtain a fair market value appraisal of the parcel. Property Title BSB will contract for a Preliminary Commitment for Title Report to be prepared for the parcel. Zoning The site is zoned C-3; Central Commercial. Geotechnical Investigation and Initial Design A geotechnical investigation and initial design has been completed through a contract with Collaborative Design Architects. Please contact Jeff Kanning to obtain copies of this information. Jeff Kanning Jeff@collaborativedesignarchitects.com and (406) P a g e

7 Section 10 HISTORIC DESIGN CONSIDERATIONS The Historic Preservation Ordinance provides guidance and procedures for new construction in Uptown Butte. DEREPRHIPRGUCEAP The guiding design principles for this area are summarized as follows: 1. Respect history and community landmarks; 2. Promote high standards of street design with active streetscapes and visually permeable street level facades; 3. Create a vibrant edge to the street with strong building character and proximity to the sidewalk; 4. Maintain and extend historic streetscape elements; 5. Maintain the distinction between the street level and the upper floor in the building design; 6. Provide a gracious and dignified setting; 7. Achieve building design coherence; 8. Maintain and extend the traditional building form and mass as seen in the surrounding commercial district; the building may express traditional form and massing with current architectural vocabulary; 9. Use building materials as seen traditionally in the surrounding commercial district; 10. Communicate building function; and 11. Build to the highest standards. Section 11 SUBMITTAL REQUIREMENTS/CONSIDERATIONS 7 P a g e

8 Except for the project pro-forma and information regarding the ability to financially guarantee the project; all submittal documents are considered public records once the closing date has passed. Each submittal must contain detailed responses to each of the following: 1. A cover letter or executive summary stating the responder s interest in this project. Include reasons for developing in Butte, what the responder offers Butte, and how Butte fits in the corporate scheme; 2. Discuss how the proposal is consistent with and furthers BSB s plan to develop a public parking structure as identified in the Urban Renewal Plan; 3. Include a description of the proposed project (building square footage, number of floors, proposed uses, not less than 20 percent interior and 50 percent exterior schematics), including the proposed number of spaces, at least 250, and a discussion of retail, housing and/or other proposed use of space (if applicable); 4. List responders previous experience in parking garage construction, financing, and management; 5. Enumerate and describe public (local, state, and federal) incentives or funding sought. The proposed site is located within an Urban Renewal Area, which may provide some financial assistance and also may qualify for New Market Tax Credits. Additional information related to these sources is available upon request. Proposals involving any contribution from BSB s General Fund will not be considered; 6. Clearly delineate the desired role of the BSB, if any, in terms of the financing, construction, and operations of a parking garage; 7. Include estimated project costs, timeline for completion, and a summary of the proposed equity/financing structure; 8. State whether the intent is to purchase the property from the BSB and at what price, or propose an alternative legal relationship; 9. Provide an economic plan/pro-forma. In a separate document or documents, substantiate the financial capacity to fund the project costs, including: 1) lot purchase, if that is proposed; and 2) estimated construction costs, including both detailed hard costs and soft costs, and financing costs, if any. In addition, provide a detailed pro-forma operating budget and substantiate the ability to fund costs in excess of income if startup losses are concluded in the budget. Substantiation will be considered an accountant-prepared verification of equity capital sufficient to construct and operate the project, a letter of commitment from a bank or other reputable commercial lender in an amount sufficient to construct and operate the project, or verification of a combination of equity capital and a lender letter of commitment. Except for the project pro-forma and information 8 P a g e

9 regarding the ability to financially guarantee the project, all submittal documents are considered public records once the closing date has passed; 10. If an alternative legal relationship is proposed, provide proposed transaction terms and conditions and a term sheet that includes the proposed lease amount and proposed lease term(s); 11. Acknowledge the rights of BSB, per Section 18; 12. Include a narrative and photographic history of successfully completed projects of similar scope; 13. Provide public and/or private sector project references; 14. Acknowledge that BSB reserves the right to require the reversion of the property back to BSB if the project is not commenced or completed within a pre-determined time frame; 15. Acknowledge that BSB will maintain ownership and operational rights of the parcel until a proposal is approved, contracts are executed, and a building permit issued for the project; 16. Describe the project s contribution to the area economy through the utilization of locally sourced materials, professionals, and labor; 17. Provide a full description of the submitting development entity, including full legal name, type, ownership, and primary contact regarding submittal; 18. Identify the management company that will manage the overall, long-term operations and describe the proposed legal relationship between BSB and the submitting entity; 19. Provide identification and qualifications of the proposed team members (i.e. the developer, etc.) Include a single contact person for all correspondence and notifications; 20. Identify additional project benefits to BSB, such as jobs created, services provided, and needs met; 21. Provide a traffic and access plan describing the maintenance of access to all other adjacent businesses throughout the site preparation and construction phases; 22. Acknowledge BSB s anti-discrimination policy for contracts, purchases, and other agreements; and 23. Acknowledge your proposal via signature(s) of key executives. Prior to executing a contract for the sale of the subject property or permitting of the project, BSB may require the successful submitting entity to furnish an approved Construction Performance Bond and a Construction (Labor and Materials) Payment Bond, each in the amount of 100 percent 9 P a g e

10 of the contract amount. Insurance, as required by BSB, shall be provided by the successful submitting entity and a certificate(s) of that insurance shall be provided under terms approved by BSB. Teams are encouraged to provide any information that will assist BSB in the evaluation of their submission. However, bulky promotional materials not directly related to the project are discouraged. Submissions must be in the actual possession of the Office of BSB Clerk and Recorder s Office, 155 W. Granite Street, Butte, MT on or prior to Friday, August 7, by 5:00pm, Mountain Standard Time. Late submissions will not be considered. Submissions must be provided in a sealed package with the statement Uptown Parking Garage Proposal and the prime contact name and address clearly labeled on the front of the package. Please submit 2 complete paper copies and 1 complete digital copies on CD-ROM or flash drive of the proposal. PDF digital file formats are preferred. Section 12 EVALUATION PROCESS BSB RESERVES THE RIGHT TO REJECT ANY OR ALL SUBMITTALS AT ITS SOLE AND ABSOLUTE DISCRETION. BSB will designate a Preliminary Review Panel (Panel) to evaluate all proposals received in response to this RFP. The Panel will assess the proposals based on the evaluation criteria described in Section 13, below. Panel members will score each proposal in their own preferred order. The scores assigned by each Panel member will be based on the individual member s reasonable judgment as to the degree to which the proposal complies with the criteria and intent of the RFP process, and represents the highest and best use to the community of BSB. Members of the Panel and other BSB staff may contact references and industry sources, investigate previous projects and current commitments, and interview some or all of the development team. The proposals passing preliminary review will be forwarded to the URA, Parking Commission and the BSB Council of Commissioners for final selection based on the evaluation criteria described below. Respondents selected for Commission review may be requested to present their full proposal before the Council of Commissioners at a public meeting. Section 13 EVALUATION CRITERIA The following criteria will be utilized in determining those submittals deemed most advantageous to BSB and most responsive to the stated goals of this project. BSB reserves the right during the 10 P a g e

11 evaluation process to determine the weight to be applied to each criterion; however, in the Panel s evaluation, part 2 below will receive the greatest weight in the scoring process, followed by part 1 and then part 3: 1. Development Entity/Capacity a. Demonstrated experience in successful financing, development, operation, and economic performance of comparable projects; b. Ability to complete the project in a timely fashion; and c. Preference will be given to those developers/operators that have experience in public/private projects utilizing private sector financing. 2. Submittal Requirements a. Extent to which the submittal satisfies the Submittal Requirements/Considerations described in Section 11 and the Project Goals and Objectives described in Section 4; and b. Ability to effectively design, construct, and operate the project within the Development Parameters described in Section Transaction Terms a. Proposed development schedule and phasing required to complete the project; and b. Quality and feasibility of proposed business offer. Section 14 PROPOSED SELECTION SCHEDULE BSB intends to proceed in accordance with the schedule shown below. BSB reserves the right to issue written notice of any changes in the schedule should BSB determine, in its sole and absolute discretion, that such changes are necessary or desirable. BSB agrees to provide adequate notice to respondents should the schedule be amended. Such notice will be provided through BSB s website at To be determined Section 15 SCHEDULE 11 P a g e

12 12 P a g e Section 16 INQUIRIES All questions regarding the RFP shall be in writing and directed to: Karen Byrnes Director of Community Development 155 W. Granite Butte, MT kbyrnes@bsb.mt.gov Section 17 RESPONDENT RESPONSIBILITIES All facts and opinions stated herein and in any additional information, whether written or oral, provided by BSB and/or its representatives, are based on available information and are believed to be accurate. However, no representation or warranty is made with respect thereto. The information in this document is intended to help prospective respondents create viable responses. However, it is the sole and absolute responsibility of those responding to this request to complete their own due diligence with regard to the information contained herein, including, without limitation, any development restrictions, whether contractual, governmental, physical, or otherwise, which may restrict or affect development of the site. Development is subject to all applicable development standards and restrictions. Section 18 RESERVATION OF RIGHTS BY BSB The issuance of this RFP and the acceptance of a submittal do not constitute an agreement by BSB that any contract will actually be entered into by BSB. Any costs incurred by respondents in preparation of a response to this RFP or future RFP are completely the responsibility of the respondents. Any or all disputes arising under this RFP and any contract negotiated as a result of this RFP shall be governed by the laws of the State of Montana. BSB reserves the right to issue written notice of any changes in the submittal process should BSB determine, in its sole and absolute discretion, that such changes are necessary or desirable. In addition and notwithstanding any other provision of the RFP, BSB reserves the right to: 1. Waive any immaterial defect or informality in a submittal; 2. Extend or otherwise revise the submittal date;

13 3. Reject any or all submissions or portions thereof; 4. Reissue a new or revised RFP; and 5. Request additional information or one or more teams to submit a more detailed submittal. 13 P a g e Section 19 NO PARTNERSHIP/BUSINESS ORGANIZATION Nothing in this RFP or in any subsequent development agreement, lease, or any other contract entered into as a result of this RFP shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among BSB or the team unless agreed to by BSB. Section 20 EMPLOYMENT RESTRICTION AND INDEMNITY No person who is an officer, employee, contractor or consultant of a team shall be an officer or employee of BSB. No rights of BSB s retirement or personnel rules accrue to the submitting team, its officers, employees, contractors, or consultants. The successful team shall have the total responsibility of all salaries, wages, bonuses, retirement, withholdings, worker s compensation and occupational disease compensation, insurance, unemployment compensation, other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each submitting team shall save and hold BSB harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker s compensation and occupational disease compensation, insurance, unemployment compensation, other benefits and taxes and premiums in any way related to each submitting team s officers, employees, contractors, and consultants. Section 21 PROPERTY RIGHTS/DISCLOSURE OF INFORMATION All materials submitted in response to this RFP and submittals subsequent thereto, shall become the property of BSB upon delivery, unless otherwise noted in Section By tendering a response to this RFP, every submitting team waives any right of access to other submittals during the review period. Any entity tendering a submittal in response to this RFP further acknowledges and understands that BSB is a public entity required to abide by public record laws and shall not be liable for disclosures required by law.

14 Section 22 SUBMITTAL REJECTION/RIGHT TO DISQUALIFY Submittal of terms, condition and/or agreements may result in rejection if such terms, conditions, or agreements are deemed unacceptable by BSB in its sole discretion. BSB reserves the right to disqualify any team who fails to provide information or data specifically requested herein or who provides materially inaccurate or misleading information or data or who attempts to influence the selection process outside the procedures established herein. BSB reserves the right to disqualify any team on the basis of any real or apparent conflict of interest. This disqualification is at the sole discretion of BSB. Section 23 BSB S ANTI-DISCRIMINATION POLICY Each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity, or disability, and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above, and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity s employees and to all subcontracts. Failure to comply with the above shall be cause for BSB to deem the submittal non-responsive. #### END OF RFP 14 P a g e