Rfp For Developer For Sedgwick County Coliseum

SEDGWICK COUNTY, KANSAS DIVISION OF FINANCE PURCHASING DEPARTMENT 525 N. Main, Suite 823 Wichita, KS 67203 Telephone (316) 660-7255 Fax (316) 383-7729 www.sedgwickcounty.org/purchasing

REQUEST FOR PROPOSAL #09-0217 DEVELOPER FOR KANSAS COLISEUM SITE

July 29, 2009

1. PURPOSE Sedgwick County is soliciting request for proposals for the purpose of identifying developers interested in developing a retail and/or entertainment complex, or for any other use at the Kansas Coliseum complex site, located at1229 E. 85th North, Valley Center, KS 67147 (approximately 8 miles north of Wichita, KS, on I-135). The land available consists of approximately 200 acres and houses Britt Brown Arena, 2 pavilions, a horse arena, Weideman Park, a go-cart track and multiple parking lots. A site map for the Coliseum Complex can be found at http://www.sedgwickcounty.org/purchasing/kansascoliseum/facility.pdf. The overall objectives of the County are to provide continued usage of the pavilions, create new opportunities for the other areas of the Kansas Coliseum complex site, and maximize revenue potential for the County. 2. SUBMISSION OF PROPOSALS Each proposer must submit 1 original and 5 copies in a sealed envelope identifying the name of the firm, full address, RFP # for which the proposal is submitted and date and time proposal is due. Submission shall be addressed to: Iris Baker Purchasing Director Sedgwick County, Kansas 525 N. Main, Suite 823 Wichita, KS 67203 ATTENTION: Developer for Kansas Coliseum Site Proposals shall be received no later than 1:45 pm (C.D.T.) on Tuesday, August 25, 2009. Late proposals will not be considered and will be returned to the proposer unopened. The official receipt of the proposal is based upon the date and time stamp in the Purchasing Department. 3. INQUIRIES Questions regarding this document may be submitted in writing to Iris Baker, Purchasing Director, at email: [email protected]; and Charlene Stevens, Assistant County Manager, at email: [email protected]. Questions are due by 5:00 pm CDT, Thursday, August 6, 2009. Any substantial questions will be answered in written addendum form and posted at www.sedgwickcounty.org/purchasing, under online services; current RFPs/RFQ/s; to the right of the RFP number and description by 5:00 pm on Monday, August 10, 2009. Proposers are responsible for checking the web site and acknowledging any addendums in their response.

1

4. SELECTION CRITERIA The evaluation of each proposal will include, but not limited to, the following criteria (in no particular order): • Development plan feasibility; • Use of existing facilities, especially Pavilions; • Economic impact of county, region; • Need for incentives provided by Sedgwick County, economic or other; and • Experience and demonstrated success, as indicated by references, background check, and financial viability. 5. EVALUATION OF SUBMITTALS A committee will conduct a preliminary evaluation of all proposals received on the basis of the information provided in proposal responses. A shortlist of respondents may be created after the initial review for the purpose of interviewing proposers and validating responses. The successful proposer may be required to provide a financial statement for review prior to any negotiations, finalization of contract content and award. Information provided by applicants in response to this Request for Proposal will be considered confidential by the County throughout the selection process, to the extent permitted by law. No discussions, negotiations, decisions, or actions shall be initiated by any firm or individual as a result of any verbal discussion with any County employee related to this project prior to the final outcome of this Request for Proposal. 6. AWARD At its sole discretion, Sedgwick County reserves the right to accept or reject any proposal considered to serve its best interest, or to hold the proposals for a maximum of 180 days before rendering a decision. Submissions constitute offers however; acceptance of any firm's response does not constitute a contract. A formal contract will be established with the successful applicant. Sedgwick County also reserves the right to waive irregularities and technicalities. 7. GENERAL REQUIREMENTS and INFORMATION A. Land Sedgwick County will accept proposals from the selected Preferred Developer for all land owned by Sedgwick County. Wiedeman Park (approximately 55 acres) lies to the west of the Coliseum and is included as part of the Coliseum complex. The former Wichita Greyhound Park lies to the south and east of the Coliseum. The Greyhound Park lies on Sedgwick County property, but it is not included as part of the Kansas Coliseum complex. The Wichita Greyhound Park land is leased from Sedgwick County by a private entity. B. Usage 1. It is the preference of Sedgwick County that the Preferred Developer’s proposal utilizes the Pavilions as the centerpiece of the proposed usage of the complex. The pavilions currently host trade shows, flea markets, animal shows and events, and agricultural shows and events. The pavilion area consists of 2 pavilions: one approximately 130,000 square feet, with a mezzanine, and one approximately 90,000 square feet; 1 show arena, approximately 45,000 square feet; 1 exercise arena, 24,000 square feet; and an above ground tunnel between pavilion 1 and the show arena. 2. Applicants have the flexibility to utilize the Pavilions, Britt Brown Arena, or the land only, in whole or in part. Sedgwick County will provide great freedom on the use of Britt Brown Arena. Applicant shall determine usage for each facility and identify acreage and areas needed. 3. In addition to facility use, applicant will be responsible for providing notice of any needed renovations or upgrades of the facilities. Applicant shall furnish information regarding how the management services and systems will be performed as appropriate to maintain, operate, manage, and promote the facilities. 4. Existing buildings and site elements at the Coliseum complex are known to have structural inconsistencies that are not in compliance with the ADA Standards for accessible design under the Americans with Disabilities Act (ADA). In 2007, the County commissioned an ADA consultant to

2

prepare a report documenting structural barriers to program access at these sites. Weideman Park was not included in this study. The ADA consultant report, located at http://www.sedgwickcounty.org/purchasing/kansascoliseum/transition_plan.pdf, is provided to proposers for information; however, it should be understood that this report was based upon the current public use of the site and may not be exhaustive of all spaces. For those facilities that the proposer plans to utilize, applicants shall specify how they will address existing barriers to ensure that facilities and services are readily accessible to and usable by individuals with disabilities. Questions related to accessibility may be directed to Lindsey Mahoney, Sedgwick County ADA Coordinator, at email: [email protected]. 5. Applicant shall provide a timeline and identify major milestones through completion of the anticipated project. C. Zoning Information The site is located in the unincorporated area of Sedgwick County. Litigation is pending in the Kansas appellate courts regarding a proposed annexation of part of the site by the City of Park City. Additional information regarding the litigation may be obtained on request from the County. The site is currently zoned GC - General Commercial as further defined in the Wichita-Sedgwick County Unified Zoning Code. The site is subject to a protective overlay that limits the size and type of signage allowed on the site. The proposer should determine and state in the proposal that the proposed use is either permitted by right under the current zoning, or explain what zoning changes are necessary to allow the proposed use. The site is also in the zoning area of influence of the City of Park City. Any zoning cases must be referred to the Park City Planning Commission for review and recommendation. A negative recommendation by the Park City Planning Commission would require a unanimous vote of approval of any zoning changes by the Board of County Commissioners. Additional information concerning the permitted uses or the procedure for obtaining any necessary zoning change may be obtained by contacting the WichitaSedgwick County Metropolitan Area Planning Department. D. Proposed Project Limitations Use of Britt Brown Arena is limited based on the County’s contractual obligations. If Britt Brown remains open as part of a development complex, Sedgwick County will limit the acceptance of proposals involving Britt Brown Arena if they compete with INTRUST Bank Arena and other government venues for similar entertainment in Sedgwick County or surrounding counties. E. Financing Applicant will present financing and management plan for Kansas Coliseum proposal. Sedgwick County owns the facilities and land on the Kansas Coliseum complex. Selection of a Preferred Developer and accompanying development proposal does not relinquish ownership rights held by the county. However, the county would consider an option to buy the property if proposed by the Preferred Developer. F. Incentives If needed, Sedgwick County will be open to proposals that include economic development incentives. Applicants requesting incentives will provide a list of proposed incentives required for the implementation of the development proposal. Sedgwick County will need to know the nature and terms of the needed incentives: one-time or on-going. The incentives required may not be only financial in nature. Incentives related to renovations, upgrades, demolition, and/or one-time or on-going maintenance of facilities must also be detailed by applicant. G. Developer In order to ensure the success of Kansas Coliseum’s future, Sedgwick County may select a Preferred Developer based on the applicant’s development history of similar type. Applicant should include full development history in order for the county to determine the applicant’s experience.

3

8. DESIRED REQUIREMENTS 1. Applicants shall have at least three (3) years experience in development projects. 2. Applicants shall have applicable licenses, certifications, and permits to cover any plan proposed. 3. The successful applicant shall be required to follow all applicable Federal, Sate and local laws. 4. All proposals and information submitted shall become the property of Sedgwick County. 5. All proposals shall be considered firm offers for a period of 180 days following submittal date. 6. All costs incurred in the preparation of proposal responses shall be the responsibility of the applicant making the proposal. 7. If selected, the successful applicant acknowledges that it shall enter into an agreement and the finalized plan, along with any negotiations will become part of the “Contract”. 8. To the fullest extent permitted by law, the successful applicant, its subcontractor, agents, servants, officers or employees shall indemnify and hold harmless Sedgwick County from any and all claims brought by any person or entity whatsoever, arising from any act, error, or omission of the provider during the performance of the Agreement or any other agreements of the applicant entered into by reason thereof. The applicant shall indemnify and defend Sedgwick County including, but not limited to, its elected and appointed officials, officers, employees and agents, with respect to any claim arising, or alleged to have arisen from negligence, and/or willful, wanton or reckless acts or omissions of the applicant, its subcontractor, agents, servants, officers, or employees and any and all losses or liabilities resulting from any such claims, including, but not limited to, damage awards, costs and reasonable attorney's fees. This indemnification shall not be affected by any other portions of the Agreement relating to insurance requirements. The applicant agrees that it will procure and keep in force at all times at its own expense insurance in accordance with these specifications. 9. Liability insurance coverage indicated below must be considered as primary and not as excess insurance. The successful applicant shall furnish a certificate evidencing such coverage, with County listed as an additional insured, except for professional liability, worker’s compensation and employer’s liability. Certificate shall remain in force during the duration of the project/services and will not be canceled, reduced, modified, limited, or restricted until thirty (30) days after County receives written notice of such change. All insurance must be with an insurance company with a minimum BEST rating of A-VIII and licensed to do business in the State of Kansas. It is the responsibility of applicant to require that any and all approved subcontractors meet the minimum insurance requirements. Applicant shall obtain the above referenced certificate(s) of insurance, and in accordance with the final Agreement, provide copies of such certificates to County. The following minimum coverage is generally required of vendors providing services: Workers Compensation Applicable State Statutory Employers’ Liability $100,000.00 Contractor’s Liability Insurance Form of insurance shall be by a Comprehensive General Liability and Comprehensive Automobile Liability Bodily Injury Each Occurrence $500,000.00 Aggregate $500,000.00 Property Damage Each Occurrence $500,000.00 Aggregate $500,000.00 Personal Injury Each Person Aggregate $500,000.00 General Aggregate $500,000.00 Automobile Liability – Owned, Non-owned and Hired Bodily Injury Each Person $500,000.00 Bodily Injury Each Occurrence $500,000.00 Professional Liability, if applicable $500,000.00 9. PROPOSAL CONTENT

4

The Proposal should be organized in the following format and information sequence. Submitting respondents shall provide the following information: 1. Cover Letter: The cover letter should be considered an “executive summary” of your RFP, including a summary of the overall qualifications of the firm. 2. Provide names, titles, and biographies on the key stakeholders in your organization and identify those who would be responsible for this project. 3. Provide four (4) references in which similar work has been accomplished. Include firm name, address, contact name, phone number and email address. 4. Identify four (4) references who can speak to integrity, professionalism and commitment. Include contact name, phone number, email address and the nature of relationship. 5. Address each of the requirements outlined in pages 2, 3 and 4 of this document. 6. Provide a sample copy of an insurance certificate, proving the ability to be insured, or letter of intent from a qualified insurance company, proving the ability to be insured. 7. Provide a completed copy of the Response Form. 8. Applicants taking exception to any requirement or instruction shall clearly identify and detail every exception noted.

______________________________ Iris Baker, C.P.M., Purchasing Director

5

RESPONSE FORM REQUEST for PROPOSAL DEVELOPER FOR KANSAS COLISEUM COMPLEX #09-0217 The undersigned, on behalf of the respondent, certifies that: (1) this offer is made without previous understanding, agreement or connection with any person, firm or corporation making a competing Response; (2) the Response is in all respects fair and without collusion or fraud; (3) the person whose signature appears below is legally empowered to bind the seller in whose name the Response is entered; (4) they have read and understand all provisions; (5) if accepted by the County, this Response is guaranteed as written and will be implemented as stated; and (6) mistakes in writing of the submitted Response will be the responsibility of the seller.

NAME

ADDRESS

CITY/STATE

PHONE

FAX ________________________________________

ZIP

CONTACT (print name)_____________ E-MAIL ______________________________________________________________________________

TAX PAYER I.D. NUMBER TYPE OF ORGANIZATION (check all that apply): Sole Proprietorship ____Partnership _____Corporation _____ Public Corporation _____LLC._____ I/We _______________________________, in submitting a proposal, understand and agree to meet or exceed all specifications, requirements, and conditions described in the Solicitation and our attached Response.

If applicable, acknowledge any addendum issued against this Request for Proposal. Addendum #1__________, Addendum #2_____________, Addendum #3____________

Signature_____________________________________________Title_________________________________ Date_______________________________

6