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DC Sports and Entertainment Commission
Major League Baseball Park Site Evaluation Project
March 1, 2002

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Major League Baseball Park Site Evaluation Project

Request for Proposal by D.C. Sports and Entertainment Commission (the "Commission")

in conjunction with

Washington Baseball Club, LLC (WBC) and D.C. Office of the Deputy Mayor for Planning and Economic Development ("ODMPED")

March 1, 2002

SUMMARY AND CONTENTS

Pursuant to this Request for Proposals ("RFP"), the Commission, in consultation with WBC and ODMPED, is seeking to select and engage an experienced and qualified consulting firm to assist in the identification, analysis, and evaluation of prospective sites within the District of Columbia for the development and construction of a new, worldclass baseball park (the "New Ballpark") to become the permanent home of a major league baseball franchise in the District of Columbia. The instructions for responding to the RFP and the expected scope of the consulting project and principal conditions for performing the work are detailed herein.

I. INSTRUCTIONS

1. RESPONSE TO REQUEST FOR PROPOSALS
2. PREPARATION OF PROPOSALS
3. SIGNATURE TO PROPOSALS
4. ERRORS IN PROPOSAL
5. MARKING AND TENDER OF PROPOSALS
6. TIME FOR OPENING PROPOSALS
7. REJECTION OF PROPOSALS
8. INSPECTION BY OFFERORS
9. EXPLANATIONS TO PROSPECTIVE OFFERORS
10. PROTESTS
11. QUALIFICATIONS; LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISES
12. EVALUATION OF PROPOSALS
13. AWARD OF CONTRACT
II. SCOPE OF SERVICES  

1. BACKGROUND
2. STATEMENT OF WORK  

III. CONDITIONS

1. PAYMENT
2. TERM
3 RIGHTS IN DATA, INFORMATION AND MATERIAL
4. RELATIONSHIP OF THE PARTIES
5. INDEMNIFICATION
6. ASSIGNMENT
7. NON-DISCRIMINATION STATEMENT

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I. INSTRUCTIONS

The following instructions to offerors are important and should be read carefully by the offeror before submission of proposal:

1. RESPONSE TO REQUEST FOR PROPOSALS

Offerors may submit proposals responsive to all or part of the RFP. Offerors submitting proposals responsive to only part of the RFP should clearly identify those parts of the RFP to which their proposal responds, i.e., site analysis, financial, economic impact, etc.

In the event you cannot submit a proposal responsive to the requirements of the RFP, or any part thereof, please return the RFP with an explanation as to why you are unable to submit a proposal on these requirements, or any part thereof.

2. PREPARATION OF PROPOSALS

Offerors must submit one executed original, so marked, and ten (10) copies of the proposal. The copy marked "Original" shall govern in the event of a variance between the copy so marked and other copies submitted by the offeror. The proposal must include a proposed form of agreement setting forth proposed terms of the engagement between the offeror and the Commission including incorporation of the scope of services and conditions set forth in sections II and III of the RFP. The provided form of agreement must be executed by the offeror and available for acceptance and execution by the Commission The Commission may accept, reject or propose to modify any contract provided by the offeror. One copy of the fully executed contract will be forwarded to the successful offeror, with the notice of award.

The RFP must be submitted with your proposal. Do not mutilate the RFP or accompanying papers, or detach therefrom any sheet when submitting your proposal. Proposals submitted in a mutilated condition or unaccompanied by the RFP, and accompanying papers, as issued, may be rejected.

No changes or modifications to the RFP will be allowed. Offerors may provide an explanation of any requested changes they wish by memorandum or letter attached to a proposal.

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3. SIGNATURE TO PROPOSALS

Each proposal must show the full business address, telephone number, e-mail address and facsimile number of the offeror and must be signed by the person or persons legally authorized to bind the offeror. All correspondence concerning the proposal and contract, including notice of award and copy of contract, will be mailed or delivered to the person, at the address, shown on the proposal. Proposals by partnerships must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing, who shall also state the names of the individuals composing the partnership. Proposals by corporations must be signed with the name of the corporation, followed by the signature and designation of the officer having authority to sign. Proposals by joint ventures must be signed by all parties to such joint venture. When requested, satisfactory evidence of authority of the person(s) signing shall be furnished. Anyone signing the proposal as agent shall file satisfactory evidence of his/her authority to do so.

4. ERRORS IN PROPOSAL

Offerors, or their authorized representatives, are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals. Failure to do so will be at the offeror's own risk and the offeror cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part of the offerors.

5. MARKING AND TENDER OF PROPOSALS

Proposals must be securely sealed in suitable envelopes, addressed and marked on the outside with the name of the offeror and the words, "Proposal to Bid" Proposals must be submitted no later than 12:00 noon, March 22, 2002 to:

D.C. Sports and Entertainment Commission 
ATTN: Executive Director 
Robert F. Kennedy Memorial Stadium 
2400 East Capitol Street, S.E. 
Washington, D.C. 20003 
Phone: 202 547-9077
A pre-proposal conference call will be conducted on March 12, 2002 at 2:00 p.m. Anyone interested in participating should contact the Commission no later than Friday, March 8, 2002 at 3 p.m. Your participation is encouraged.

The Commission may request to meet in person with any or all of the offerors. Accordingly, offerors will need to be available in person in Washington, D.C. during the week of April 8, 2002 to review the content of their bids and respond to any questions.

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6. TIME FOR OPENING PROPOSALS

Proposals must be received not later than 12:00 noon, March 22, 2002. The Contracting Officer, or his/her designee, will decide when the specific time has arrived, and no proposal received thereafter will be accepted or considered, except that when a proposal arrives by mail after a fixed time, but before award is made, and it is shown to the satisfaction of the Contracting Officer that the untimely arrival was due solely to delay in the mails for which the offeror was not responsible, such proposals will be accepted and considered Unless specifically authorized, proposals transmitted via facsimile or e-mail, will not be accepted or considered.

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7. REJECTION OF PROPOSALS

The Commission reserves the right to reject, in its sole discretion, any or all proposals and to waive any informality in proposals received whenever such rejection or waiver is in the interest of the Commission.

The Commission reserves the right to accept in part and reject in part, in its sole discretion, any proposal submitted in response to the RFP.

8. INSPECTION BY OFFERORS

Offerors are invited to visit the District to familiarize themselves with the existing conditions. Failure to thoroughly investigate the working conditions will not be accepted as proper basis for considering an alleged errorn the proposal, or for withdrawal of the proposal.

9. EXPLANATIONS TO PROSPECTIVE OFFERORS

Any requests for explanations or interpretations of specifications, or suggestions for improvement of specifications, with reasons therefor, must be requested in writing and received no later than five (5) days prior to the date for submission of proposals. Such correspondence should be addressed to D.C. Sports and Entertainment Commission, ATTN: Executive Director, Robert F. Kennedy Memorial Stadium, 2400 East Capitol Street, SE, Washington, D.C. 20003. Supplemental information provided to any prospective offeror concerning the RFP will be available to all prospective offerors no later than two (2) days before the date for submission of proposals in the form of an addendurn to the RFP if the Commission, in its sole discretion, determines that failing to provide such information to all offerors would be prejudicial to other prospective offerors.

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10. PROTESTS

Any interested party may protest this solicitation, award, or proposed contract award. The protest shall be filed in writing with the D.C. Sports and Entertainment Commission, ATTN: Executive Director, Robert F. Kennedy Memorial Stadium, 2400 East Capitol Street, SE, Washington, D.C. 20003 within ten (10) days after the basis of the protest is, or should have been, known.

11. QUALIFICATIONS; OPPORTUNITIES FOR LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISES

The successful offeror will possess demonstrated knowledge and experience in a variety of disciplines, including knowledge of and experience with large- and neighborhood-scale urban planning and mixed-use redevelopment studies, urban design of sports and related facilities, complex siting decisions, zoning, land use and development issues, and environmental law and regulations; a demonstrated understanding of the financial and organizational structure of the sports industry particularly involving Major League Baseball as well as experience analyzing land and real estate economics, the potential fiscal and local economic impact of sports facilities; knowledge of, experience and familiarity with, the Washington, D.C. planning and development process,. While the Commission welcomes proposals from qualified individuals, given the various skills and areas of expertise which might be required, a team approach is encouraged. The Commission retains the right to select different members from different teams.

The Commission is committed to providing jobs to District residents and to supporting local, small, and disadvantaged business enterprises and other District Organizations. Pursuant to the provisions of DC Law 13-169, the "Equal Opportunity for Local, Small, or Disadvantaged Business Enterprises Amendment Act of 2000," certain preferences in the evaluation of bids will be given to businesses that are registered through the District of Columbia Office of Local Business Development's Local, Small, Disadvantaged Business Enterprise ("LSDBE") Certification Program. We encourage bidders that may be eligible to participate in the program to contact the District of Columbia Office of Local Business Development (the "OLBD") at (202/727-3900). For more information regarding the program, please visit the OLBD's web-site at www.olbd.washingtondc.gov/main.shtm

In addition, regardless of whether the offeror is a LSDBE certified firm, the proposal must describe the offeror's plans to support District organizations and to hire District residents in conjunction with this project.

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12. EVALUATION OF PROPOSALS

The Commission has developed the RFP and is conducting this solicitation to provide a process that will result in fair and reasonable competition among firms, equality of opportunity, optimal pricing and quality, and maximization of the best interests of the Commission. A Selection Advisory Committee made up of representatives of the Commission, WBC and ODMPED will be established to review and evaluate all proposals submitted by qualified offerors. The Committee will conduct a preliminary evaluation of all timely proposals on the basis of a variety of factors including the information provided with the proposal, the ability of the offeror to perform, past performance, ability to meet time requirements, principals assigned to the project and understanding of the work to be performed. Proposals will be evaluated in accordance with the following scale:

a. Methodology 40%
b. Experience 40%
c. Fees 20%
TOTAL 100%

A. Methodology: Award of contract will be influenced by the proposal which promises the greatest value to the Commission, in terms of possible and ultimate product. All proposals should include a narrative description of the offeror's intended method for solving the questions presented.

The offeror must furnish the Commission a work plan that outlines specific methodologies and techniques that will be used to complete requisite tasks and a schedule for completing each task. Said narrative shall include, but not be limited to:

i. A general description of the approach and schedule to be engaged in by the offeror.

ii. The numbers, positions, employment qualifications and rates of compensation of the offeror's personnel to be employed in response to the RFP. The offeror shall include names of key personnel with direct management responsibilities and furnish resume information.

iii. The approximate number of hours each member of the offeror's team is expected to devote to the project

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B. Experience: The Selection Advisory Committee will give weight to the offeror's ability as demonstrated by prior experience in providing the services requested hereby. Proposals should describe in detail the offeror's background and the qualifications of its principals and employees. Each proposal should demonstrate the offeror's knowledge and experience in such areas of specialty as large- and neighborhood-scale urban planning , large scale planning in the field of sports facility projects, urban design, zoning, land use, real estate development, fiscal and local economic impact analysis, the local and federal legislative and administrative process, as well as sports facility project finance and design, large tract projects, capital and bond market advice, etc., and how the offeror intends to coordinate the various skills and areas of expertise.

Each proposal must further contain a chart showing the internal organization of the offeror and the numbers of full-time personnel in each organizational unit.

C. Fees: The offeror must submit a proposal on a firm fixed price basis, including reimbursable expenses. Offerors are encouraged to quote their best, most responsible offer.

If an offeror experiences a substantial change in its financial condition during the period prior to award of any contract to be awarded pursuant to the RFP, or the successful offeror experiences a substantial change in its financial condition during the term of the contract, the Commission shall be notified of the change in writing at the time the change occurs or is identified. Failure to notify the Commission of such change in financial condition or to maintain a sound financial condition will be sufficient grounds for rejecting the offeror's proposal or terminating the contract.

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13. AWARD OF CONTRACT

Award of any contract to an offeror will be made at the sole discretion of the Commission, based upon the recommendation of the Selection Advisory Committee, to the most responsible, and qualified offeror who offers an engagement through a proposal in compliance with this RFP that the Commission determines, based upon the recommendation of the Selection Advisory Committee, best addresses the needs and objectives with respect to evaluation of potential sites for the New Ballpark. The Commission reserves the right to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the Commission. In Parts II and III of this RFP the offeror to whom a contract is awarded is referred to as the "Contractor."

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II. SCOPE OF SERVICES

1. BACKGROUND

In accordance with the Omnibus Sports Consolidation Act of 1994, D.C. Law 10-152, as amended, D.C. Code 2-4001, ex seq., the Commission serves as the single corporate instrumentality of the District of Columbia responsible for coordinating the development of new sports facilities and related iucture in the District. Its mission is to promote, develop and maintain the District as a location for hosting sporting and entertainment events which will enhance the District's economic development through, among other things, tourism, job opportunities, entertainment, business development, and national and international exposure.

The Commission is authorized by law to manage and maintain sports and entertainment facilities, including, without limitation, Robert F. Kennedy Memorial Stadium and the D.C. Armory; determine the use of facilities owned or operated by the Commission; own and operate professional sports franchises in the District; manage parking lots and concessions; receive gifts, grants, appropriations, loans, bond proceeds, or other property or financial assistance from any source; raise funds; fix and collect rents for use of its facilities or services rendered in connection therewith; charge source related user fees; borrow money and issue revenue bonds and give security therefor, collect and expend tax revenues dedicated by the District of Columbia Council to, or derived from, Commission facilities; hold, use and dispose of income, revenues and funds, as well as real and personal property, acquire by lease or purchase equipment, appliances, facilities and property deemed necessary; construct new facilities in the District; determine the location of; develop, acquire, own, repair, renovate facilities necessary to accomplish the purposes of the Commission; issue bonds, notes and other obligations to finance construction, acquisition or expansion of facilities; and, as necessary, enter into agreements or joint ventures with other jurisdictions.

WBC is a limited liability company comprised of private individuals formed for the purpose of acquiring a Major League Baseball franchise to play in Washington, D.C. On January 10, 2002, the Commission and WBC entered into a Memorandum of Understanding in which it was agreed the parties would work together to achieve the above stated goal.

The Office of the Deputy Mayor for Planning and Economic Development is a cabinet level office within the administration of District of Columbia Mayor Anthony Williams with broad responsibility over economic development and urban planning activities of the executive branch. 

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2. STATEMENT OF WORK

The Commission requests a comprehensive review and analysis of all available large tact sites or sites large enough to be assembled within the confines of the District of Columbia upon which a ballpark facility seating between 35,000 to 45,000 spectators for the presentation of Major League Baseball games can be accommodated and which constitute locations likely to attract a sufficient fan base to allow a baseball franchise successfully to compete and that furthers the city's vision and goals for areas within which the facility may be sited. This request seeks a consultant who understands how to identify locations that work for baseball; further both the city's plans for specific areas of the city and the needs of baseball; and that are economically feasible and can be financed with available financing instruments.

A. TASKS

1. Examine and describe all available sites for the accomplishment of the above described requirement.

2. Analyze each of the following items for the available sites:

Land Use, Development and Design Capacity

a. Zoning and land use parameters;

b. Consistency with and ability to further existing and proposed land use, urban planning and redevelopment goals of the District;

c. Availability or realistic possibility of development of nearby amenities such as restaurants, hotels , offices, other sports, entertainment or recreational venues, and commercial retail facilities;

d. A "build-out" analysis of potential collateral development possible in the area around the baseball site, supported by zoning, market conditions and experience of other cities in developing residential-, commercial- or mixed-use projects near stadia;

e. An analysis of potential urban design challenges presented by the site and suggested urban design response;

f. An analysis of unique design elements that would be facilitated by the site, such as views of the city or potential incorporation of surrounding buildings or landmarks into ballpark design;

g. Identification and analysis of any significant alternative economically and practicably feasible uses that would likely be developed on the site within the next 3 to 5 years if the site is not used for a baseball park. Compare and contrast economic, social and cultural value of devoting the site to a baseball park versus the probable alternative uses.

Fiscal and Financial Impact

a. Economic impact on Major League Baseball in terms of the site's ability to attract spectators and generate revenue;

b. Fiscal impact on the District;

c. Overall economic impact on the region, city and neighborhood including quality-of-life impact to neighboring residents/workers;

d. Land development costs and economic feasibility (including timeliness of site availability, and any material site factors that may help accelerate or impose delay on ballpark construction);

Transportation and Parking Impact

a. Capacity to promote the use of mass transit;

b. Parking demand impact;

c. Comparative impact of a ballpark on the economy and quality of life in each potential location and on the city generally;

d. Availability of surface transportation particularly including proximity to Metro 

e. Accessibility of existing road networks to each location, paying particular attention to the accessibility of each site to spectators located in Northern Virginia; and

f. Environmental impact.

3. Prepare a brief case study of "best practices" cities where new MLB ballparks were opened within the last 10 years, that resulted in both successful projects for the franchises and fans involved as well as the surrounding neighborhoods. These profiles should include without limitation, summary information on the site selection process, development economics, urban design, benefits for the surrounding neighborhoods, financing methods used, and economic and fiscal impact.

4. Prepare illustrative site and urban design plans for the top ranking sites that illustrate the relationship between the ballpark and the surrounding area, including possible future development.

5. Analyze alternative methods for financing development projects, including methods as joint ventures, long-term ground leases, etc.

6. Examine public and private financing sources and their current availability for the financing of a new ballpark.

7. Consider and disclose whether there are any other available sours for funds including, federal government funding.

8. Demonstrate consistency of each potential scenario with applicable laws and regulations, including environmental regulations and land use requirements, and agreements.

9. Identify and provide strategies for resolving legislative, administrative, political and/or jurisdictional issues involving the District and federal government and their relevant agencies.

In completing the foregoing analyses, the Contractor will be expected to solicit the opinion of relevant Advisory Neighborhood Councils and other local stakeholders through a series of meetings and briefings in advance of the release of the final report, as directed by the Commission.

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B. DELIVERABLES

A progress report shall be submitted bi-weekly by the Contractor to the Commission which shows the Contractor's success in completing tasks in a timely manner and as specified in the work plan.

A substantive status report indicating preliminary findings will be due by May 30, 2002. A draft report will be due by July 1, 2002. A final report shall be submitted by September 16, 2002. The report must present the required analysis, findings, conclusions and recommendations in sufficient detail to demonstrate the Contractor's effectiveness in completing the tasks identified.

The deliverables included in this project will include, without limitation, a work plan, a comprehensive report analyzing each site, and an appropriate long-range strategic plan to accomplish the Contractor's recommendations. These reports should include the following: illustrative site plans for the sites and the surrounding areas; a physical program summary; infrastructure and public realm plans; a parking and traffic circulation plan; a plan for infill development in the area surrounding the site for the facility; an urban design plan for the ballpark; an economic impact, real estate and fiscal analysis summary and a financing plan summary.

The Commission, in consultation with WBC and ODMPED, has the right to approve or disapprove any deliverable and may require the Contractor to take any corrective action necessary to make the deliverable acceptable.

All work submitted by the Contractor shall be subject to the approval of the Commission, in consultation with WBC and ODMPED. Work on specific tasks shall not be considered complete until the Commission has provided written approval. In the event the Contractor has not performed tasks in the manner requested or to the satisfaction of the Commission, the Contract may be terminated by the Commission. Notice of termination shall be delivered in writing, by certified letter to the Contractor.

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III. CONDITIONS

1. PAYMENT

The Commission agrees to pay the Contractor for the services rendered hereunder in an amount to be agreed based on the acceptance of a proposal and any subsequent negotiation, inclusive of reimbursable expenses.

The Contractor shall submit all invoices for services rendered and expenses on a monthly basis. Payment shall be made to the Contractor not later than thirty (30) days from receipt of the invoice.

All requirements of law and regulation in the District of Columbia pertaining to or affecting the services contemplated herein shall be complied with, and the Contractor shall, at its own cost and expense, procure and keep in force all permits and licenses required by law or regulation

2. TERM

The contract resulting from the RFP shall be for a term from the date of notice of award of contract to the completion of the project, provided, that the contract may be terminated in whole or in part by the Commission upon ten (10) days notice, in writing, to the Contractor, whenever the Commission shall determine that such action is in its best interest.

The Contractor shall commence performance immediately upon receipt of Notice by the Contractor that all necessary approvals for the Agreement have been secured.

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3. RIGHTS IN DATA, INFORMATION AND MATERIAL

A. All data, information and material produced in the performance of the contract shall be the sole and exclusive properly of the Commission. The Contractor hereby acknowledges that all data, information and material without exception produced by the Contractor for the Commission under this contract are works for hire and are the sole and exclusive property of the Commission, but to the extent any such data, information or material may not, by operation of law, be works for hire, Contractor hereby transfers and assigns to the Commission the ownership of copyright in such works, whether published or unpublished. The Commission shall control all usage and rights of the data, information and material produced by the Contractor in the performance of the contract.

The Contractor agrees to give to the Commission all assistance reasonably necessary to perfect such rights including, but not limited to, the works and supporting documentation and execution of any instrument required to register copyrights. The Contractor agrees not to assert any rights at common law or in equity in such data, information and material. The Contractor shall not publish or reproduce such data, information or material in whole or in part or in any manner or form, or authorize others to do so, without written consent of the Commission.

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4. RELATIONSHIP OF THE PARTIES

Nothing contained in the contract shall be construed to create a partnership, joint venture or landlord/tenant relationship between the parties. The Contractor shall hold itself out to the public as an agency or department of the Commission, the District of Columbia or the United States of America. All trade names utilized in the performance of the contract shall be subject to the review and approval of the Commission, in its sole discretion.

The personnel furnished by the Contractor shall be and remain employees of the Contractor, not independent Contractors. Such matters as the hiring, training, equipping, supervising, directing, and discharging of all of Contractor's personnel shall be the sole responsibility of the Contractor.

5. INDEMNIFICATION

The Contractor shall indemnify and save harmless the Commission, the District of Columbia, the United States of America, including the Department of Interior, the WBC and all of their members, officers, agents, and servants, against any and all claims or liability arising from or based on or as a consequence or result of any act, omission or default of the Contractor, its employees or subcontractors in the performance of, or in connection with any work required, contemplated or performed under the Agreement. The Commission, the District of Columbia and the WBC shall have no responsibility with regard to damage to or loss of any property of the Contractor, its employees, agents or subcontractors upon the premises of the Commission, the District of Columbia or the WBC or in connection with the work hereunder. All insurance policies obtained by the Contractor insuring its penal property upon the premises of the Commission, the District of Columbia and the WBC shall contain a waiver of subrogation clauses in favor of the Commission, the District of Columbia, the United States of America and the WBC and their respective members, officers, agents, and employees.

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6. ASSIGNMENT

Neither the contract nor any interest may be transferred or assigned by the party to whom the award is made without prior written consent of the Commission. Any purported transfer or assignment without such prior consent shall be null and void and shall be cause to annul this Agreement. For purposes of this provision, the terms "transfer" and "assignment" shall be defined to include any change in the identity of the person or persons holding controlling interest in the corporate Contractor.

7. NONDISCRIMINATION

Please provide a statement that in connection with services rendered pursuant to the RFP, the offeror agrees not to discriminate on the basis of race, color, religion, sex, national origin, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation or physical handicap.

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