Memo to the Board and Draft of RFP

Sorry this is long...

Original documents here: http://www.seattle.gov/parks/parkboard/briefingWestSeattleStadium102308.pdf





MEMORANDUM

TO: Board of Park Commissioners
FROM: Charles Ng
DATE: October 8, 2008
SUBJECT: West Seattle Stadium Request for Proposals

Requested Board Action
No Park Board action is requested at the October 23 briefing and public hearing. A
recommendation regarding the proposed Request for Proposals will be requested at the
Board’s November 13th meeting.

Project Description and Background
Parks and Recreations’ West Seattle Stadium, located at 4432 35th Avenue SW, has been
and continues to be a great public resource for the people of Seattle for over 70 years. It
has been home to countless high school football games, track and field meets, and other
public events. It is, however, an aging facility with many structural and support systems
nearing the end of their useful life. The north stand and its bleachers, locker rooms,
restrooms, fire sprinkler system, the existing field and other structures are currently non-
compliant with the Americans with Disabilities Act and other building codes and require
major upgrades and renovation. The Department does not currently have funding to
make these improvements and is proposing to issue a Request for Proposal (RFP) to seek
interested parties that will make improvements, operate, and maintain the stadium,
including the track and field areas. The RFP excludes the existing parking areas outside
the stadium.

RFP Process and Project Description
Interested parties are being asked to submit formal proposals for the development of the
West Seattle Stadium for public use. To ensure the proposed development constitutes a
public use, the development plan will require management oversight and control of the
property and activities by Parks and Recreation. The Department anticipates entering
into a long term agreement with the operator who submits the most acceptable proposal.
The Department will maintain authority to stop or alter the operation of the stadium if the
agreement is breached. The development and operating agreement will require approval
by the Mayor and City Council prior to final execution.


Public Involvement Process
Department staff contacted Department of Neighborhood (DON) Neighborhood
Coordinators and provided a RFP Summary and Prospectus to be distributed to the
Southwest and Delridge Neighborhood Councils for their review and feedback. Staff
also provided the RFP prospectus to historic users of the stadium, including Seattle public
and private schools, and Department sponsored programs. A link on the Park web page
to the RFP prospectus was also provided to the general public. A public hearing
sponsored by the Park Board at the October 23rd meeting is another venue for receiving
public input on the Department’s proposal. The attached prospectus contains the key
elements of the final RFP packet which the Department plans to complete and make
available to interested parties on November 17, 2008. The Park Board is requested to
make a recommendation to the Superintendent at its November 13th meeting. Citizens
can either e-mail their feedback regarding this RFP proposal to the Park Board directly or
attend the October 23 meeting to provide public testimony.

Issues
The central question is whether the Department should proceed with the proposed RFP
process for the development, operation and maintenance of West Seattle Stadium.
Additional issues are presented in the table, below.

Potential issues with
proceeding with RFP Pros Cons
Transferring management,
operation, and development to
the stadium to a non-city
entity resulting in a long term
concession agreement with the
successful respondent
(operator) of the RFP
Reduces city maintenance
costs of managing the facility;
more efficient management by
operator; transfers risks and
liability to operator; making
much needed renovation and
improvements with non-city
resources and which the city
currently does not have.
May be perceived by public as
privatization of public asset,
commercialization of such
asset, and potentially loss of
public access to the stadium.
Public Access and
Programming Contract will be written to
ensure that current usage will
be honored and that there will
be opportunities to continue
city sponsored programs.
Perception that this will result
in loss of public access by
historical users and general
public to the stadium.
Operator managed
improvements Contract written to require
adherence to public works and
park standards; City reviews
and approves funding and
design prior to construction
and final inspection to approve
improvements.
Concerns that shortcuts made
to reduce costs; public works
requirements overlooked; park
standards omitted.
Appropriate outreach and
notification of RFP to solicit
public feedback
RFP prospectus sent to
concerned neighborhood
councils, historic users, and
accessible on Park web page.
Concern that the community is
not properly notified in timely
manner about RFP.


Budget
Only budgeted staff time and some nominal printing/advertising costs are involved to
implement the RFP process.

Schedule
The attached RFP Prospectus includes a comprehensive schedule.

Staff Recommendation
Staff recommends that the Park Board support the Department’s RFP process at its
November 13th Park Board Meeting.

Additional Information
Attachment A – RFP Summary and Prospectus
Charles Ng: charles.ng@seattle.gov; 684-8001

ATTACHMENT A--RFP Prospectus and Summary

Key terms and requirements

1. Project description and capital investment requirements:
Operator will make improvements to the Stadium estimated to cost at least Four Million
Dollars ($4,000,000) and include, but is not limited to, the following scope of work:
a. North Grandstand:
• New Bleachers with a capacity seating that will include seating
that is ADA accessible.
• Walkways. ADA improvements; renovate stairs & walkways.
• Locker Room. Upgrade, including new HVAC.
• Bathroom Fixtures. Renovate fixtures.
• Fire Suppression/ Sprinkler. Renovate to current Fire Code
requirements.
• Press Box. Replace flooring.
• Painting. Scrape, caulk, seal and paint exterior surfaces.
• Concession Building. Complete proposed restrooms.
b. South Bleachers.
c. Improving Overall Circulation And Layout.
• Better access is needed between main track area and west area.
• Better circulation for all activities.
• Perimeter Fence. Replace.
d. Playing Field. Turf replacement.
The above scope of work is identified in the Department’s capital asset plan. Additional
consideration will be given to the Operator(s) that proposes improvements that are above
and beyond the scope of work noted in this RFP. All improvements must be designed to
Department Standards.

2. Proposed contract terms:
a. Non-City Capital Investment:
• 100% Capital funding provided by Operator to complete the
scope of work, including assurances for covering cost overruns.
• Operator to certify to City, and City to verify that 100% of
construction funds are secured prior to start of construction.
• The Operator is required to expend at least $2,000,000 toward
improvements to the stadium by the end of the fifth year of the
term of the proposed contract.
b. Ownership of Improvements. City will own improvements immediately
once improvements are amortized or upon termination of the agreement.
c. Agreement Term:
• Proposed to be 10 years (can be renegotiated to be commensurate
with level of capital investment and life of building
improvements).
• City reserves right to terminate for default and breach of contract
and other non-compliances.
• City reserves the right to terminate for other municipal purposes
and will repay the portion of any capital improvements not
amortized.
d. Rent:
• Operator is required to propose in its response to the RFP a base
rent to the Department for its use of the stadium that is
comparable to market rent paid to public agencies that own
similar facilities.
e. Utilities:
• Operator is responsible for Leasehold Excise Tax and King
County Surface Water Tax (SWT) or other applicable fees.
• Operator to separately meter and be responsible for all utility
costs.
f. Allowable Rent Offsets—the Department may allow the following
offsets:
• Capital Improvement Costs.
• Programming offered for free of charge, or at substantially
reduced rates, to the general public.
g. Design, Construction and Project Management:
• Operator manages design and construction.
• Operator sponsors public review process.
• Department approves concept design.
• Department subsequently approves final design, construction
management team and schedule prior to commencing
construction.
• Department reserves the right of inspection during construction.
• All work must be approved by Department Engineer prior to start
of use by Operator.
h. Estimated Project Schedule:
• Concept design approval by second quarter 2009.
• Final design approval by 3rd quarter 2009.
• Permit applications submitted by the end of 2009.
• Construction underway by July 2010.
i. Major Maintenance And Ongoing Janitorial / Grounds Maintenance:
• Operator at its sole cost and expense shall maintain the facility in
accordance with Department standards to the sole satisfaction of
the Superintendent.
j. Funding Shortfalls / Liability:
• Operator is responsible for 100% of construction cost overruns
• City retains environmental liability for pre-existing conditions,
but not for any conditions arising from Operator use.


k. City Use:
• Right for City to continue historic uses (see section 3. below).
l. Public Use /Access:
• Operator will ensure park areas adjacent to premises remain free
and clear of obstructions to park use.
m. Parking And Access:
• City will not demolish or block access to existing parking during
park hours.
• Operator will maintain access to parking lot and existing parking
at all times.
• Operator will participate in a joint parking management plan to
be developed with the West Seattle Golf Course – expecting that
certain amount of parking may be assigned for golf course
parking only.
n. Relationship To Golf Course:
• Operator recognizes City’s right to develop, modify and expand
operation of golf course.
o. Prevailing Wages:
• The Operator will be required to pay prevailing wages for capital
improvements, not for operations.
p. Dispute Resolution:
• Parties agree to resolve disputes outside of court if possible.

3. Historic Uses:
Some, but not all, of the current Stadium users include:
• O’Dea High School, Private All Boys School – Approx 500
students. Use is for track, football and meets (practice & games).
• Seattle Lutheran High School – Private coed school – Approx
150 students. Use is for track, football and meets (practice &
games).
• Holy Names Academy, Private Catholic college prep, All Girls
School – Approx 650 students. Use is for track and meets
(practice & games)
• Northwest School, coed Private Middle & High College Prep
Day & Boarding School. Use is for track and meets (practice &
games).
• Seattle Academy, coed independent private middle and high
school - Approx 560 students. Use is for track and meets
(practice & games).
• Seattle Preparatory School, a Private coed Jesuit high school.
Use is for football (practice & games).
• Seattle School District, Public City-Wide coed school system.
Use is for track, football and meets (practice & games).
• West Seattle High School, Public Seattle coed High School. Use
is for track, football and meets (practice & games).
• Citywide Athletics, Parks Department Division. Use is for track,
football and meets (practice & games).
• Pacific Northwest track and Field Association, a group
committed to the development of USA Track and Field. Use is
for track and meets (practice & games).
• Club Northwest, Club involved in the Pacific Northwest running
community, and nationally with USA Track & Field
• Use is for track and meets (practice & games).
• ACA Relay for life, American Cancer Society coordinates runs
to raise money for research and programs. Relay runs to raise
money for research.
• UW – University of Washington. Use is for track and field
events (practice & games).
• Van Asselt CC Youth – Parks Department Community Center.
Use is for track and field events (practice & games).
• Southwest Athletic Club – teaches personal and social
responsibility through sports and health-related activities. Use is
for football (practice and games).
• Seattle Speed Track Club – Their goal is to assist young people
ages 8-18 with a path way to success both athletically and
educationally through the development of their athletic talents.
Use is for track and field events (practice & games).

Continued Access: It is expected that the Operator will accommodate
historic stadium users. The Department welcomes proposals that include
coordination between one or more organizations that currently use the
stadium and that would increase year-round use. Extra consideration and
evaluation scores will be given for proposals that demonstrate that the
Operator will encourage and accommodate ongoing interest in field usage
and activities.

Other uses: The stadium is located in a Single Family Residential Zone
(SF 5000) and as such must adhere to the allowable uses and regulations
included in this zoning. The operator is responsible for applying for and
securing any zoning changes with the City of Seattle for any use that is not
currently authorized in this zoning.

4. Project Design and Capital Investment:
• The successful Operator (“Operator”) selected by the Department
is expected to be responsible for all planning, design, permitting,
construction, operation and maintenance costs relating to the
development as agreed upon with the Department. It is expected
that the Operator will make (fund) the investment necessary to
have a functional stadium with amenities that could include, but
not limited to, concessions operations, locker rooms, seating, new
synthetic turf, track and field areas (more), scoreboard, lighting,
sound system, fencing, landscaping and other improvements that
they deem necessary.

5. Operations and Maintenance:
• Fair market rent may be partially offset by the capital
improvements and maintenance activities that are a Public Benefit
to the extent that the use of the stadium supports the public
mission.
• The operator shall be responsible for all licenses, taxes and
permits.
• The Operator will be responsible for the payment of all water,
sewer, electrical and refuse removal charges and expenses.
• The Department has programs within separate areas of the Stadium
and will provide structural insurance for the entire Stadium. The
Operator will provide liability insurance and insurance for its
personal property within the Stadium. The West Seattle
Sportsman’s Club is an authorized tenant under contract by the
Department and is located below the South stadium seating area
and has its own liability insurance coverage for its authorized
Premises.
• There is restrictions on exterior signage, directional signage within
the park and aesthetic considerations that apply to the exterior of
the Stadium. Proposals should clearly set forth the exterior
signage package as part of the proposal. The proposed signage
must respect the historic nature of the Stadium and be consistent
with the base zoning (SF 5000) sign standards. The Operator will
install and maintain any signs that it installs to the satisfaction of
the Department.
• The Operator will be responsible for major maintenance, including
the exterior and the structural elements of the Stadium. The
Operator will provide routine maintenance and preventative
maintenance for all Stadium components such as painting,
plumbing, fixtures, fencing, lighting, scoreboard, the new turf,
track and field fixtures, electrical and HVAC that are part of the
Stadium development and operation, and maintain the grounds.
The Department will maintain existing parking lot and driveways.









PROPOSED WEST SEATTLE STADIUM OPERATOR
RFP SCHEDULE
The Department’s proposed schedule for review of the proposals and final selection of a
West Seattle Stadium Operator is as follows:
REQUEST FOR PROPOSALS
Oct 3, 2008 Complete Draft of RFP Packet
Oct 8, 2008 Meeting with Community Councils, W. District Council and W.
Seattle High School with Prospectus -
request any feedback by Oct 17th. The public can also provide
feedback via Park Board process
October 23, 2008 Park Board Briefing and Public Hearing
Oct 29, 2008 Publish Ad in news media locally
Nov 13, 2008 Park Board discussion and recommendation to Superintendent
Nov 17 2008 Final RFP Packages available for pick up or mailed out to potential
proposers and interested parties
Nov 21, 2008 Deadline for written questions to the Dept. from proposers
Dec 2, 2008 Deadline for Dept. responses to proposers questions
Dec 9, 2008 RFP Submittal Deadline
Dec 11-12 Evaluation Panel reviews and scores proposals
Dec 18, 2008 Oral interviews – Optional by Department
Jan 5, 2009 Recommendation to Supt of successful proposer
Jan. 16, 2009 Superintendent decision, successful proposer notified
Feb 2009 Agreement negotiation
Feb. 2009 Law Dept. and Dept. of Finance review of Agreement/Legislation
Mar 2009 Proposed Ordinance is submitted to the City Council
April 2009 Agreement commencement date