The URL can be used to link to this page

Council PKT 07-17-2012 SpecialCI7Y OF ,�. Federal Way AGENDA FFf DERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall Ju ly 17, 2012 5:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. EXEGUTNE SESSION — 5:30 pm • Property Acquisition pursuant to RCW 42.30.110(1)(b) 3. CIVIC CENTER DEVELOPMENT — Next step RFP — 6:00 pm. • Staff Presentation • Public Comment • Council Action 4. ADJOURNMENT COUNCIL MEETING DATE: July 17, 2012 (Special Meeting) CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: REQUEST FOR PROPOSALS (RFP) FOR PERFORMING ARTS AND CONFERENCE CENTER/HOTEL- CATERING PUBLIC-PRIVATE PARTNERSHIP AND INVITATION OF REQUEST FOR QUALIFICATIONS (RFQ) RESPONDENTS TO RESPOND TO RFP. POLICY QUESTION Should the City Council approve the proposed Request for Proposals (RFP) for the PACC/Hotel-Catering public-private partnership and request that both respondents to the Request for Qualifications (RFQ) respond to the RFP? COMMITTEE N/A CATEGORY: Q� Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Patrick Attachments: RFP docuraent Background: MEETING DATE N/A ❑ Public Hearing � Other DEPT Community & Eco. Dev. On April 16, 2012 the City issued an RFQ for development teams to respond to the opportunity to enter into a public-private partnership with the City to codevelop the PACC together with supporting hospitality and catering uses. By the close of the RFQ response period (6/15/12) two responses were received: one from Arcadd, Inc., who are currently proposing a major development on the adjacent, former AMC Theaters site, and another from Lorax Pactners who have developed the Bremerton Conference Center, hotel and retail uses and under a previous association developed the Federal Way Crossings project. The next step in the process of selecting a potential private-sector, joint-development partner is to request more complete proposals from one or both of the RFQ respondents. Attached you will find the final draft of the proposed RFP document that outlines the information that will be required to be submitted as a Proposal. In summary this information will contain: 1. Narrative of the project concept, public and private eomponents, public spaces, etc. 2. Concept-level plans and illustrations 3. Development delivery method, budget, development pro forrna and opera.ting pro forma 4. Business deal, with proposed roles and responsibilities and financial participation of both private-sector and public-sector partners. 5. Project schedule. 6. Proponent's experience, especially with relevant projects. The response date in the RFP is September 14, 2012, allowing for a special Council meeting on September 18` to accommodate public presentation(s) from RFP respondent(s), questions and answers and initial Council deliberation. It is anticipated that during the period from RFP response submittal until the first Council meeting in October (10/2/12), staffwill conduct due diligence and field questions from Councilmembers. At the 10/2/12 Council meeting Councilmembers will have an opportunity to continue public deliberation about the response(s) and may make a selection. It is anticipated that the selected development team and the City will then enter into a Memorandum of Understand (MOU) to conduct exclusive negotiations regarding the key aspects of the proposed public-private partnership, eventually leading to a Development Agreement which will be approved by Council in a future public meeting. Options Considered: 1. Approve the RFP and direct staff to invite both Arcadd, Inc., and Lor� ParMers to submit responses to the RFP by the deadline of 9/14/12; 2. Modify the RFP as follows and proceed: MAYOR'S RECOMMENDATION OpHon 1 . MAYOR APPROVAL: _�N/�.1� DIRECTOR APPROVAL: �ommittee C cil COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " I move approval of Option _ " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED i reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # City ofi F��lerai 1�'Jay, �J�Ja�hington ��q��t f�� 1 �i��c ��°��r ��i�i�'�iva#� �'�r#r�ers�� -- � � � � � �:� .��;� . � �� "�� .�;q ,,�� ,�.�i �i �„i'`'`' �.._4. � ,_ti..; RFP lssued: July 18, 2012 ��brnissiQn Due; September '1�, 2012 City of Federal Way, WA 3332� 8 Ave S federal Way, 1NA 98003 CITY OF �/ Federal Way Civic Center Public-Private Partnership page 1 � CITY OF Federal Way REQUEST FOR PROPOSAL I. II. III. PURPOSE OF REQUEST. Pursuant to City Council selection on July 17, 2012 of two finalists from the City Center Public-Private Partnership Redevelopment Request for Qualifications related to the Performing Arts and Conference Center/Hotel project, the City of Federal Way ("City") is requesting Proposals from the two finalists in order to make a final selection of the appropriate private-sector partner for the City to join with to pursue development of this important project in the Federal Way City Center. The City's needs are outlined in the following Request for Proposal ("RFP"). TIMELINE. The City intends to follow this preliminary timeline, which should result in a selection of a firm by 10/2/12. Issue RFP Deadline for Submittal of Proposals Public Presentation of Proposals Selection of Firm Notify Firm Chosen INSTRUCTIONS TO PROPOSERS. 7/18/12 9/14/12 9/18/12 10/2/12 10/3/12 A. Questions regarding the Project or this RFP process must be directed in writing (e-mail, fax, or mail) to the contact stated below. The City will respond to all questions in writing via email to representatives of both finalist teams. B. All questions and proposals should be sent to: Patrick Doherty, Community and Economic Development Director City of Federal Way Federal Way, WA 98063-9718 (253) 835-2612 email contact: patrickd�u,cityoffederalwa .� � a �� Federal Way Civic Center Public-Private Partnership page 2 C. All proposals must be in a sealed envelope or packet and clearly marked in the lower left-hand corner: "RFP for PACC Public-Private Partnership" D. All proposals must be received by 3:00 p.m., 9/14/12, at which time they will be opened. Twelve (12) hard copies of the proposal must be presented, together with one electronic copy on CD. No faxed or telephone proposals will be accepted. E. Proposals should be prepared simply and economically, providing a straight-forwazd, concise description of the Proposer's capabilities to satisfy the requirements of the request. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper slieets for any submittals to the City is desirable whenever practicable. Proposals shall include a fully completed "Propo�al Submittal Form" and "Statement of Financial Capability" Form, attached hereto as Appendix D and Appendix E, respectively, and incorporated by this reference. F. The Community and Economic Development Director or representative intends to notify the firm selected by 10/3/12. G. All proposals must include the following information: A concise naxrative describing the public-private partnership development proposal for the site, including: a. Project components and sizes; b. Description of private-sector components; c. Description of the design concept for the project, addressing: i. Overall project image statement ii. Quality and character of the public realm, including landscaping concept plans iii. Outline for design guidelines, including program for major building materials, finishes, colors, amenities, etc. iv. Environmental sensitivity and/or sustainability approach e. Describe approach to project management. 2. Concept plans (not to exceed 11" x 17"format) should be submitted to illustrate the conceptual development proposal, including site plans, vehicular and pedestrian circulation routes, principal elevations and illustrative sketches. Recognizing that the overall program will ultimately be codesigned and -3- codeveloped between the City and the private-sector partner, the requested concept plans are intended to illustrate a viable design concept that both represents the project potential and illustrates the proponent team's design sensibilities. Schematic-level plans are NOT required. 3. Completed development summary and financing data, including: a. Development information i. Describe the desired codevelopment delivery method; such as, design- build by proponent, joint-venture partnership codevelopment, private- sector development with lease-back, etc. ii. Gross and net building squaxe footage by project component iii. Proposed development timeline and/or phasing b. Development budget and pro forma. Provide a preliminary development budget for the proposed concept-level development program, including an explanation of inethodology for arriving at the estimate (e.g., feasibility study, standard construction cost estimating, etc.), as well as assumptions. Please indicate how and whether the development budget may vary according to the public-private partnership delivery method selected. Identify anticipated development funding sources between City of Federal Way and private sources. Please use the electronic spreadsheet template that will be provided by the City, or reasonable facsimile, ensuring to apply State and local sales taxes, where applicable. Also provide an operating pro forma for the development program over a five (5)-year period or other period selected by the Proposer, with explanation for use of alternative period. The pro forma should reflect the Proposer's preferred approach for ultimate management of the PACC, be that private management, third-party management, public management, etc., including an explanation of the preferred approach and/or pros and cons of potential approaches. 4. Business Deal Deal points proposed for joint development with the City. This should clearly outline the Proposer's intended roles and responsibilities and financial participation, as well as the City's expected roles and responsibilities and financial and/or incentive participation. Please refer to "Public-Private Partnership and Incentive Policy" and "City Council-Adopted Criteria for Public-Private Partnerships in City Center," attached hereto as Appendix B and Appendix C, respectively, and incorporated by this reference. -4- 5. Project Schedule. Provide a project schedule or timeline. 6. Proposer Experience. For each equity partner, provide the following: a. Proposer/Development entity i. Full legal name ii. Entity type (e.g., corporation, LLC, partnership, etc.) iii. Principals, members and/or owners iv. Primary contact regarding submitted proposal. b. Proposer. Identify and provide a brief resume of the qualifications for key members of the Proposer, including: i. Principals, members and/or owners of the development entity. ii. Project manager iii. Financial partners iv. Other c. Ownership entity. If different from Proposer, indicate whether existing or proposed. Please include: i. Type (e.g., corporation, LLC, partnership, etc.) ii. Formation date iii. Formation state iv. If partnership, identify: 1. General partner, 2. Managing partner d. Development experience i. List all related development projects in which the Proposer or principal(s) has (have) been involved over the past three (5) years, indicating for each: 1. Project summary description (including location, date, size, cost, etc.) 2. Construction lender and amount 3. Role of the development entity/principal(s) in the project 4. Role of the public development partner, if applicable 5. Status of project (completed, in construction, etc.) 6. References -5- ii. Describe in greater detail those projects from the previous list that are similar in type, size, scale or complexity to the development project being proposed to the City, including for each: 1. Role of public agencies, if any 2. Total development cost 3. Time between project milestones a. Property acquisition b. Construction financing obtained c. Start of construction d. Opening/first tenant 4. Marketing and sales performance a. Level of prelease/sales at opening b. Length of time from opening until lease/sales equaled 90% occupancy. 5. eontact references for: a. Construction lender b. General contractor c. Sales/leasing broker 6. Role of current development entity and/or principal(s) in the project. 7. Architectural quality and urban design characteristics. 8. Explanation of any regulatory or land use issues that required resolution. iii. List any current projects in the predevelopment, design or construction phase, including: l. Project description and status (including location, size, cost, etc.) 2. Construction lender and amount (if known) 3. Role of the developme�t entity in the project. � IV. SELECTION CRITERIA. Factor Responsiveness of the proposal to the purpose and scope of the City's development vision. 2. Business Dea1. Weight Given 35% 35% 3. Ability and history of successfully completing projects of this type, delivering projects on time and on budget, and financial capability. 30% Total Criteria Weight lOD% Each proposal will be independently evaluated on factors 1 through 3. V. TERMS AND CONDITIONS. A. The City reserves the right to reject any and all proposals, and to waive minor irregularities in any proposal. B. The City reserves the right to request clarification of information submitted, and to request additional information from any proposer. C. The City reserves the right to award any contract to the next most qualified contractor, if negotiations with contractor are not successful within ninety (90) days after the awazd of the proposal. D. Any proposal may be withdrawn up until the date and time set above for opening of the proposals. E. The contract resulting from acceptance of a proposal by the City shall be negotiated and approved by Council and shall reflect the concepts in the RFQ and RFP. The City will negotiate in good faith, but reserves the right to reject any proposed agreement or contract that does not conform to the concepts contained in the RFQ and this RFP. F. The Proposer selected by the City shall enter into a Memorandum of Understanding ("MOU") for an exclusive negotiation process. The MOU sha11 describe the mutually agreed-upon schedule and process for arriving at a Disposition and Development Agreement ("DDA"). The DDA shall address the status of the subject property, and -7- serve as a development and design agreement for the development project. G. Upon completion of successful negotiation, the City and the development team will enter into a DDA, outlining in detail the status of the real property, as well as details of the proposed project. Discussion of major urban design objectives, including architectural concepts, open space qua.lities and amenities, building materials, etc., may also be included in the DDA. H. The City shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFP. VII. APPENDICES Please see the following attached Appendices: Appendix A— Project Vision and Principles Appendix B— Public-Private Partnership and Incentives Appendix C— City Council-Adopted Criteria for Public-Private Partnerships in City Center Appendix D— Proposal Submittal Form Appendix E— Statement of Financial Capability -8- �p�� Project Vision and Principles The City is seeking to select a development team who shares the enthusiasm and vision for a vibrant downtown Federal Way as a place to live, work, shop, and play. The Project envisions a new regional attraction, the Federal Way Performing Arts and Conference Center, supported by an adjacent hotel, catering/restaurant facilities and other supporting retail goods/services as appropriate. In addition, complementary open space feature(s), such as a plaza, viewpoint, hill-climb staircase, etc., are envisioned to accompany and enhance the project. �i 1;�1�� The Federal Way City Center will be more densely developed, mixed-use urban center with a concentration of housing units, commercial uses, civic uses, employment centers and public spaces - all supporting public transportation, pedestrian activity and a unique sense of place. The Project should serve as an active and vital component within this urban center, serving as the most significant civic facility in the �� , � _.__ _, -��..��: .��.,x"�,� �=�e� �� x City Center. ..,� - a 4 ' �-- m .��.,,-::., .� �� .,.h v� . �. , .=. . .... ,�...�. ., s � With conference Eacilities, as well as a performing arts venue, this Project is intended to infuse activiiy day and night throughout the year, creating not only a new vibrancy within the City Center, but also an increased market for goods and services to be met both on site and by surrounding establishments. On- site open space opportunities will provide passive locations Eor fair-weather gatherings of a casual nature, as well as an outside extension of PACC activities, such as conference activities, performing arts-related receptions, etc. Given its elevated location, the Site oEfers dramatic views of Mt. Rainier, as well as ample sunshine, both of which should be kept firmly in mind in the overall design of the site, facilities and open space. � :� r't r � L�, ^f' 'Z i ;.� v �.�i i + � i .' {�1 +-. "� '"O � i ,� � ., � � 0 � �?'13 i� � � � . � . I"` ., ,,. �. ��•.r .., � � �. , The City's vision for the PACC is to develop an efficiently designed multiuse facility that will readily accommodate both performance events and meetings, seminars, conferences and other gatherings. Performance hall seating should be approximately 700 seats. A spacious lobby will accommodate prefunction gatherings, exhibits related to performances or companies, etc. In addition, an approximately 2,000-square-foot multipurpose room/rehearsal space should be inc(uded. To maximize the attractiveness of the lobby and the overall venue, a large window wall facing south to the view of Mt Rainier should be included in the design. S'� The integrated Conference Center component of the Project should be comprised of the following elements: ■ The above-meniioned approximately 8,000-square-foot lobby, capable of serving as a conference plenary-session luncheon/banquet venue; ■ An adjacent, approximately 2,000-square-foot large-meeting room that can either be added to or partitioned off from the lobby; ■ Up to four smaller, meeting rooms, totaling about 4,000 square feet, to accommodate break-out sessions. ■ In addition, the performance hall would double as a conference/seminar venue for plenary- session speeches, lectures, etc. ■ In total, additional square footage to accommodate the Conference Center facility should total approximately 14,000 square feet. The PACC should include administrative offices, as well as a receiving kitchen-to accommodate catering needs. With an adjacent hotel-cuurrestaurant, there should be a seamless adjacency of the hotelts restaurant and the PACC's receiving kitchen area, thereby minimizing the catering space needs of the PACC and reducing redundancies. The adjacent hotel should feature from 135-150 rooms and be 3-star quality. Please refer to the following attached documents (Exhibit 8) for further details about the PACC: ■ Feasibility Study frn the Federal Way Performing Arts and Conference Center, July 2009, by Webb Management Services; ■ February 25, 2011 memo entifled: "Development ModeLs, Demand Update + Professional Facility Management;' by Webb Management Services Design Goals and Principles ■ Strong civic character demonstrated in the siting and design of the PACC building; ■ Complementary, yet not identical design character for the hotel, restaurant and other uses in order to achieve the perception of a more "organic' village of structures as opposed to a single- project aesthetic; ■ Interesting and active fa�ades at the street level; ■ Appropriately scaled public plaza and/or open spaces that are seamlessly integrated with surrounding development for activation, programming, passive vigilance, etc., and including both greenscape as well as hardscape components, as well as art work and/or artistic expression. Please refer to Exhibit 6 for Park/Open Space Design Guidelines; • Maximum opportunities for viable, complementary commercial development; ■ Creation of a unique sense of place in the Federal Way City Center. ■ Superior urban design, site planning and building design; ■ Smart Growth Principles, as defined by the American Planning Association (APA),1998, including: ■ Efficient use of land resources; • Full use of urban services; ■ Mix of uses; ■ Transportation options; and ■ Detailed, human-scale design. -10- ■ "Green° or Leadership in Energy and Environmental Design (LEED) development principles to the extent feasible (LEED rating not requirec�; Adherence to the Development Goals and Principles enunciated below. -11- Append ix B Public-Private Partnership and Incentives T'he City's intention, by seeking a private-sector pariner, is to create a joint-venture that leverages the economies of scale and cost effectiveness of the private sector in order both to construct, and possibly manage, the PACC in the most cost-effective manner, as well as to complement the PACC with the necessary hotel and restaurant/catering facilities. In recognition of the unique challenges associated with a public-private partnership development aimed at delivering both a significant civic facility as well as market-driven private components, the City intends to consider creative and appropriate terms and incentives. The City has identified the following potential partnership incentives and is willing to discuss their possible application to an appropriate redevelopment project: ■ Terms for control of the Site are available for open negotiation. ■ Public funds may be made available to help finance public components, such as public open space, street and sidewalk improvements, other infrastructure, and public parking. City funds, as well as the City's Local Infrastructure Financing Tool (LIFT) award by the State, may be available to provide contributory funding for these purposes. ■ Possibility of financing through the EB-5 Foreign Investment Visa Program as the Federal Way City Center is a USCIS-designated "regional center' for the purposes of foreign investment; ■ Management of the PACC is also open for negotiation, with the most effective, efficient and financially feasible management strategy - be that private or public - being the ultimate goal. ■ Up to 12-year limited property tax exemption may be available for any potential residential components of mixed-use development; ■ City Center environmental impact statement and resulting Planned Action Ordinance that substantially lessens the SEPA environmental review burden for individual developers within the City Center Planned Action Area (that includes the Site). • Provision of a lead staff contact for the Project to facilitate and expedite permit approvals among various City departments, consistent with the development goaLs identified in the RFQ; ■ Citizen outreach and assistance with public meetings; ■ Other incentives as negotiated. Financial incentives potentially available from the City are not intended to replace private financing. Rather, they are intended to be flexible resources that can potentially bridge funding gaps which may be created by the more difficult nature of such preprogrammed public-private partnerships, especially in light of the substantial public program included in this Project. Please refer to the attached City Council- approved Public-Private Partnership Policies (Exhibit 5). Staff will work with the developer or development team to analyze specific details about the project's financial pro forma and other factors, as warranted. Any potential financial participation by the City in the project will be determined based upon the nature and extent of the "gap" between the total project costs, the level of private-sector delivery of PACC components, the amount of public amenities or elements, and the amount of private investment available to cover those costs, assuming a mazket- average rate of return on the private investment. Based upon this information, City staff will then recommend the extent of the City's potential financial participation in the project. The ultimate goal will be to make the overall project financially self-supporting as quickly as possible. -12- Append ix C City Council-Adopted Criteria for Public-Private Partnerships in City Center Preference for public participation will be given to projects that rate highly with regard to the following guidelines and/ or objectives: 'The proposed development is comprised of (or contains) a mix of uses in a variety of building sizes and heights, and/ or offers a"village° or "lifestyle center" site and building design, with surh elements as street-oriented storefronts, outdoor eating and dining, and outdoor publiC amenities, such as artwork, fountains, plazas and seating. Projects with ti�e greatest mix of uses (retail/service, residential, lodging and o€fice) will be given priority. Phasing may be allowed to accomplish the full mix of uses contemplated in a development concept. ■ The proposed development is transit-oriented in design and concept, where feasible, especially when in proximity to the Transit Center; ■ T'he proposed development is of superior site and building design, including use of high-quality materials. Parking facilities (both surface lots and structures) are aesthetically pleasing and integrated into the design of the overall project. Parking structures include street-level uses and/or are preferably be wrapped by other uses, where possible, to reduce their apparent bulk and mass. ■ The proposed development is located within the City Center and is of sufficient scale and scope to have a substantial impact on the image and desirability of the City Center and suggests a high probability of inducing additional, spin-off development; ■ The proponent can provide a solid track record with similar private development (previous experience in public-private partnerships desirable); ■ The project is projected to provide additional jobs at a variety of levels. Projects with family- wage and higher-paying jobs will rate more highly against this guideline. ■ The proponent provides an economic impact analysis. A detailed analysis and estimate of the project's direct economic impact in increased property, utility, and sales taxes, as well as an analysis and estimate of indirect economic impacts by muliaplier effects throughout the local economy; ■ When selected for partnership consideration, the proponent provides a financial "gap' analysis, including development costs, projected revenue, disclosure of developer's desired capitalization rate, internal rate of return (based on other portfolio projects), etc., in order to determine the necessary level of public participation. -13- Appendix D Proposal Submittal Form (Must be returned with proposal) The owner or an officer of the firm must sign this document. A Corporate seal or a letter of authorization is needed for any other signer. I have submitted this proposal on behalf of my firm this � day of ,2012. Firm Name: Address: Authorized Signature: Title: Telephone Number: Fax Number: Email Address: Altemate Contact: TO BE COMPLETED BY THE NOTARY: * State of ...,__.. .�.�.+...�....,, , ,�.�.��..�� ..�� .� _ ) SS. Coun * of , , _ . .Ir�rr4rrwrr �rri� �� ..�. . ['State and county where notarized must be written in for proposal to be considered.] Signed and swom to before me on this day of by �r.�iu�r.• i rri i � �rnrrwi . ■i �..i i i �+.�.i [Prinled name of individual who signed above.] My Commission Expires: , � Signature of Notary Public My Commission Number : -14- Appendix E �Q,�fidg,r,�,�i,�,,,1 Statement of Financial Capability A. Proposer/Development Entity Information 1. O�cial Company/Entity Name: 2. Mailing Address: State/Zip: 3. If at this address less than 1 year, prior address: 4. Primary contact regarding this information: 5. Telephone Number: B. Development Entity. The Development Entity named above is: ❑ sole proprietorship -►Soc. Sec. # ❑ corporation �- FID # ❑ nonpro�t or charitable institution or corporation — FID # ❑ partnership -� FID # 0 business association or a joint venture — FID # ❑ limited liability company -� FID # ❑ Federal, State, or local government or instrumentality thereof O Other / explain: D. Date and State of Organization. If the Proposer/Development Lntity is not an individual or a government agency or instrumentality: 1. Date of organization: 2. State of organization E. Proposer/Development Entity Principals. Names of owners, officers, directors, trustees, and principal representatives of the Proposer/Development Entity: Name, Address, ZIP Description of % of Ownership code Interest/Relationshi Interest -15- F. Proposer/Development Entity Affiliations. Is the Proposer/Development Entity a subsidiary of, or affiliated with, any other corporation or corporations or any other firm or firms? ❑ Yes ❑ No If Yes, provide the following information: Corporation/Firm Relationship to Common Proposer/ Officers/Directors Develo ment Entit Name Address Name Address Name Address G. Bankruptcy. Has the Proposer/Development Entity or the parent corporation (if any), or any subsidiary or affiliated corporation of the Proposer/Development Entity or said parent corporation, or any of the Proposer's/Development Entity's officers or principal members, shareholders or investors �led for bankruptcy, either voluntary or involuntary, within the past 10 years? ❑ Yes ❑ No If Yes, provide the following information: Name Court Date Status H. Loan Defaults. Has the Proposer/Development Entity or the parent corporation (if any), or any subsidiary or affiliated corporation of the Proposer/Development Entity or said parent corporation, or any of the Proposer's/Development Entity's officers or principal members, shareholders or investors defaulted on a loan or other financial obligation? ❑ Yes ❑ No If Yes, explain: I. Litigation. Is the Proposer/Development Entity or the parent corporation (if any), or any subsidiary or affiliated corporation of the Proposer/Development Entity or said parent corporation, or any of the Proposer's/Development Entity's officers or principal members, shareholders or investors party to any pending criminal or civil litigation that could potentially impact the financial capability of the Development Entity to complete the proposed development? ❑ Yes ❑ No -16- If Yes, provide the foilowing information, and attach any additional information or explanation deemed necessary: Date Filed Court Current Status 7. Financial Condition. Attach to this statement a three-year certified financial statement showing the assets and the liabilities, including contingent liabilities, of the Proposer/Development Entity fully itemized in accordance with accepted accounting standards. To be certified, the statement must contain an auditor's opinion, or be compiled/prepared by a certi�ed public accountant (CPA) or public accountant (PA). If the date of this certified �nancial statement precedes the date of this submission by more tltan six months, also attach an interim balance sheet not more than 60 days old. K. Conflict of Interest. Does the Proposer/Development Entity currently have or plan to have as an officer, member, employee, shareholder, investor or financing partner of the Entity any person who is currently an officer, agent, or employee of the City of Federal Way? ❑ Yes ❑ No 1. If Yes, identify and explain: 2. If Yes, does anyone identified above (K-1) have direct or indirect pecuniary interest in the Proposer/Development Entity or in the redevelopment or rehabilitation of the property being proposed by the Proposer/Development Entity to the City? ❑ Yes ❑ No 3. If Yes, describe and explain: L. Additional Information. Attach any additional evidence deemed helpful to demonstrate the Proposer's/Development Entity's financial capacity and capability to complete the proposed development. -17- CERTIFICATION I, , certify under penalty of perjury under the laws of the State of Washington that I am authorized to submit this information on behaif of the Proposer/Development Entity and that the statements made in this Statement of Financial Capability are true and correct. I further authorize the City of Federal Way, or any employee or agent acting on behalf of the City of Federal Way, to undertake any investigation deemed appropriate to verify the information contained herein. Printed Name Title Signature Date If the Proposer/Development Entity is an individual, this statement should be signed by such individual; if a paRnership, by one of the partners; if a corporation or other entity, by one of its chief officers having knowledge of the facts required by this statement. - ig - ,. , , City of Federal Way, Washington Request for Proposal Civic Center Public-Private Partnership � ��, � ��E�� - � �� .�, �-��:� � , , y . � ��v�w . .-�+- � ° � �� ." . "n : __ _ � -�+�, --•, .__..��. """�'� -- - - "`__�.� � � ��- 4� ��_ ' -, . � ��; ' . .:�►t"a_ � �.._ . , _ "� At- `.: -! ,,, �� ,ry+� r t � �:� �� FF�6 r� �� t'�. �i i r,P. 6 a�f �.- RFP Issued: July 18, 2012 Submission Due: September 14, 2012 City of Federal Way, WA 33325 8 Ave S Federal Way, WA 98003 ` GITV OF Federal Way Civic Center Public-Private Partnership page 1 i * � CITY OF Federal Way REQUEST FOR PROPOSAL I. II. III. PURPOSE OF REQUEST. Pursuant to City Council selection on July 17, 2012 of two finalists from the City Center Public-Private Partnership Redevelopment Request for Qualifications related to the Performing Arts and Conference Center/Hotel project, the City of Federal Way ("City") is requesting Proposals from the two finalists in order to make a final selection of the appropriate private-sector partner for the City to join with to pursue development of this important project in the Federal Way City Center. The City's needs are outlined in the following Request for Proposal ("RFP"). TIMELINE. The City intends to follow this preliminary timeline, which should result in a selection of a firm by 10/2/ 12. Issue RFP Deadline for Submittal of Proposals Public Presentation of Proposals Selection of Team Notify Team Chosen INSTRUCTIONS TO PROPOSERS. 7/18/12 9/14/12 9/18/12 10/2/12 10/3/12 A. Questions regarding the Project or this RFP process must be directed in writing (e-mail, fax, or mail) to the contact stated below. The City will respond to all questions in writing via email to representatives of both finalist teams. B. All questions and proposals should be sent to: Patrick Doherty, Community and Economic Development Director City of Federal Way Federal Way, WA 98063-9718 (253) 835-2612 email contact: patrickd(a�cityoffederalwa .� ` CIiY OF Federal Way Civic Center Public-Private Partnership page 2 C. All proposals must be in a sealed envelope or packet and clearly marked in the lower left-hand corner: "RFP for PACC Public-Private Partnership" D. All proposals must be received by 3:00 p.m., 9/14/12, at which time they will be opened. Twelve (12) hard copies of the proposal must be presented, together with one electronic copy on CD. No faxed or telephone proposals will be accepted. E. Proposals should be prepared simply and economically, providing a straight-forward, concise description of the Proposer's capabilities to satisfy the requirements of the request. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever practicable. Proposals shall include a fully completed "Proposal Submittal Form" and "Sta.tement of Financial Capability" Form, attached hereto as Appendix D and Appendix E, respectively, and incorporated by this reference. F. The Community and Economic Development Director or representative intends to notify the firm selected by 10/3/12. G. All proposals must include the following information: 1. A concise narrative describing the public-private partnership development proposal for the site, including: a. Project components and sizes; b. Description of private-sector components; c. Description of the design concept for the project, addressing: i. Overall project image statement ii. Quality and character of the public realm, including landscaping concept plans iii. Outline for design guidelines, including program for major building materials, finishes, colors, amenities, etc. iv. Environmental sensitivity and/or sustainability approach e. Describe approach to project management. 2. Concept plans (not to exceed 11" x 17"format) should be submitted to illustrate the conceptual development proposal, including site plans, vehicular and pedestrian circulation routes, principal elevations and illustrative sketches. Recognizing that the overall program will ultimately be codesigned and -3- codeveloped between the City and the private-sector partner, the requested concept plans are intended to illustrate a viable design concept that both represents the project potential and illustrates the proponent team's design sensibilities. Schematic-level plans are NOT required. 3. Completed development summary and financing data, including: a. Development information i. Describe the desired codevelopment delivery method; such as, design- build by proponent, joint-venture partnership codevelopment, private- sector development with lease-back, etc. ii. Gross and net building square footage by project component iii. Proposed development timeline and/or phasing b. Development budget and pro forma. Provide a preliminary development budget for the proposed concept-level development program, including an explanation of inethodology for arriving at the estimate (e.g., feasibility study, standard construction cost estimating, etc.), as well as assumptions. Please indicate how and whether the development budget may vary according to the public-private partnership delivery method selected. Identify anticipated development funding sources between Ciry of Federal Way and private sources. Please use the electronic spreadsheet template that will be provided by the City, or reasonable facsimile, ensuring to apply State and local sales taxes, where applicable. Also provide an operating pro forma for the development program over a five (5)-year period or other period selected by the Proposer, with explanation for use of alternative period. The pro forma should reflect the Proposer's preferred approach for ultimate management of the PACC, be that private management, third-party management, public management, etc., including an explanation of the preferred approach and/or pros and cons of potential approaches. 4. Business Deal Dea1 points proposed for joint development with the City. This should clearly outline the Proposer's intended roles and responsibilities and financial participation, as well as the City's expected roles and responsibilities and financial and/or incentive participation. Please refer to "Public-Private Partnership and Incentive Policy" and "City Council Adopted Criteria for Public-Private Partnerships in City Center," attached hereto as Appendix B and Appendix C, respectively, and incorporated by this reference. �� 5. Project Schedule. Provide a project schedule or timeline. 6. Proposer Experience. For each equity partner, provide the following: a. Proposer/Development entity i. Full legal name ii. Entity type (e.g., corporation, LLC, partnership, etc.) iii. Principals, members and/or ovtmers iv. Primary contact regarding submitted proposal. b. Proposer. Identify and provide a brief resume of the qualifications for key members of the Proposer, including: i. Principals, members and/or owners of the development entity. ii. Project manager iii. Financial partners iv. Other c. Ownership entity. If different from Proposer, indicate whether existing or proposed. Please include: i. Type (e.g., corporation, LLC, partnership, etc.) ii. Formation date iii. Formation state iv. If partnership, identify: 1. General partner, 2. Managing partner d. Development experience i. List all related development projects in which the Proposer or principal(s) has (have) been involved over the past three (5) years, indicating for each: 1. Project summary description (including location, date, size, cost, etc.) 2. Construction lender and amount 3. Role of the development entity/principal(s) in the project 4. Role of the public development partner, if applicable 5. Sta.tus of project (completed, in construction, etc.) 6. References -5- ii. Describe in greater detail those projects from the previous list that are similar in type, size, scale or complexity to the development project being proposed to the City, including for each: 1. Role of public agencies, if any 2. Total development cost 3. Time between project milestones a. Property acquisition b. Construction f nancing obtained c. Start of construction d. Opening/first tenant 4. Mazketing and sales performance a. Level of prelease/sales at opening b. Length of time from opening until lease/sales equaled 90% occupancy. 5. Conta.ct references for: a. Construction lender b. General contractor c. Sales/leasing broker 6. Role of current development entity and/or principal(s) in the project. 7. Architectural quality and urban design characteristics. 8. Explanation of any regulatory or land use issues that required resolution. iii. List any current projects in the predevelopment, design or construction phase, including: 1. Project description and status (including location, size, cost, etc.) 2. Construction lender and amount (if known) 3. Role of the development entity in the project. � IV. SELECTION CRITERIA. Factor Weight Given 1. Responsiveness of the proposal to the purpose and scope of the City's development vision. 35% 2. Business Deal. 35% 3. Ability and history of successfully completing projects of this type, delivering projects on time and on budget, and financial capability. 30% Total Criteria Weight 100% Each proposal will be independently evaluated on factors 1 through 3 V. TERMS AND CONDITIONS. A. The City reserves the right to reject any and all proposals, and to waive minar irregularities in any proposal. B. The City reserves the right to request clarification of information submitted, and to request additional information from any proposer. C. The City reserves the right to award any contract to the next most qualified contractor, if negotiations with contractor are not successful within ninety (90) days after the award of the proposal. D. Any proposal may be withdrawn up until the date and time set above for opening of the proposals. E. The contract resulting from acceptance of a proposal by the City shall be negotiated and approved by Council and shall reflect the concepts in the RFQ and RFP. The City will negotiate in good faith, but reserves the right to reject any proposed agreement or contract that does not conform to the concepts contained in the RFQ and this RFP. F. The Proposer selected by the City shall enter into a Memorandum of Understanding ("MOU") for an exclusive negotiation process. The MOU shall describe the mutually agreed-upon schedule and process for arriving at a Development Agreement ("DA"). The DA shall serve as a development and design agreement for the development project. -7- G. Upon completion of successful negotiation, the City and the development team will enter into a DA, outlining the details of the proposed project; the roles, responsibilities and financial participation by each party; timing of project development; management structure for the project and its components; etc. Discussion of major urban design objectives, including architectural concepts, open space qualities and amenities, building materials, etc., may also be included in the DA. H. The City shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFP. VII. APPENDICES Please see the following attached Appendices: Appendix A— Project Vision and Principles Appendix B— Public-Private Partnership and Incentives Appendix C— City Council-Adopted Criteria for Public-Private Partnerships in City Center Appendix D— Proposal Submittal Form Appendix E— Statement of Financial Capability : Project Vision and Principles The City is seeking to select a development team who shares the enthusiasm and vision for a vibrant downtown Federal Way as a place to live, work, shop, and play. The Project envisions a new regional attraction, the Federal Way Performing Arts and Conference Center, supported by an adjacent hotel, catering/restaurant facilities and other supporting retail goods/services as appropriate. In addition, complementary open space feature(s), such as a plaza, viewpoint, hill-climb staircase, etc., are envisioned to accompany and enhance the project. UISIOtI The Federal Way City Center will be more densely developed, mixed-use urban center with a concentration of housing units, commercial uses, civic uses, employment centers and public spaces - all supporting public transportation, pedestrian activity and a unique sense of place. The Project should serve as an active and vital component within this urban center, serving as the most significant civic facility in the City Center. a � --»,�e..�,.� - -._ --- �, . � ,_ _ � .. . �, ,. ,,. . _ � � ��,� �„� - ..�;; �' ..� .� � �-�� _� �� - , ,��,. � :�- ��,, ' �- ,� �SR. w.y,.,.. -- , `.� .—.=._...�^�_ - � ft . � ,,> ,..,, R B6 1� 1 ,�,�,,� ��"�`�" " �fi�`i,� �Y� '��'�"�� _ . . ° � f I � ;%,' r� ��y _ With conference facilities, as well as a performing arts venue, this Project is intended to infuse activity day and night throughout the year, creating not only a new vibrancy within the City Center, but also an increased market for goods and services to be met both on site and by surrounding establishments. On-site open space opportunities will provide passive locations for fair-weather gatherings of a casual nature, as well as an outside extension of PACC activities, such as conference activities, performing arts-related receptions, etc. Given its elevated location, the Site offers dramaHc views of Mt. Rainier, as well as ample sunshine, both of which should be kept firmly in mind in the overall design of the site, facilities and open space. Performing Arts and Conference Center The City's vision for the PACC is to develop an efficiently designed multiuse facility that will readily accommodate both performance events and meetings, seminars, conferences and other gatherings. Performance hall seating should be approximately 700 seats. A spacious lobby will accommodate prefunction gatherings, exhibits related to performances or companies, etc. In addition, an approximately 2,000-square-foot multipurpose room/ rehearsal space should be included. To maximize the attractiveness of the lobby and the overall venue, a large window wall facing south to the view of Mt Rainier should be included in the design. �� The integrated Conference Center component of the Project should be comprised of the following elements: ■ The above-mentioned approximately 8,000-square-foot lobby, capable of serving as a conference plenary-session luncheon/ banquet venue; ■ An adjacent, approximately 2,000-square-foot large-meeting room that can either be added to or partitioned off from the lobby; • Up to four smaller, meeting rooms, totaling about 4,000 square feet, to accommodate break-out sessions. ■ In addition, the performance hall would double as a conference/seminar venue for plenary- session speeches, lectures, etc. ■ In total, additional square footage to accommodate the Conference Center facility should total approximately 14,000 square feet. The PACC should include administrative offices, as well as a receiving kitchen to accommodate catering needs. With an adjacent hotel-cum-restaurant, there should be a seamless adjacency of the hotel's restaurant and the PACC's receiving kitchen area, thereby mi_nimi�ing the catering space needs of the PACC and reducing redundancies. The adjacent hotel should feature from 135-150 rooms and be at least of 3-star quality. Please refer to the following attached documents (Exhibit 8) for further details about the PACC: ■ Feasibility Study far the Federal Way Performing Arts and Conference Center, July 2009, by Webb Management Services; ■ February 25, 2011 memo entitled: "Development Models, Demand Update + Professional Facility Management;' by Webb Management Services Design Goals and Principles ■ Strong civic character demonstrated in the siting and design of the PACC building; ■ Complementary, yet not identical design character for the hotel, restaurant and other uses in order to achieve the perception of a more "organic" village of structures as opposed to a single- project aesthetic; ■ Interesking and active fa�ades at the street level; ■ Appropriabely scaled public plaza and/or open spaces that are seamlessly integrated with surrounding development for activation, programming, passive vigilance, etc., and including both greenscape as well as hardscape components, as well as art work and/or artistic expression. Please refer to Exhibit 6 of RFQ for Park/Open Space Design Guidelines; • Maximum opportunities for viable, complementary commercial development; ■ Creation of a unique sense of place in the Federal Way City Center. ■ Superior urban design, site planning and building design; ■ Smart Growth Principles, as defined by the American Planning Association (APA),1998, including: ■ Efficient use of land resources; ■ Full use of urban services; ■ Mix of uses; ■ Transportation options; and ■ Detailed, human-scale design. -10- • "Green' or Leadership in Energy and Environmental Design (LEED) development principles to the extent feasible (LEED rating not requirec�; Adherence to the Development Goals and Principles enunciated below. -11- Appendix B Public-Private Partnership and Incentives The City's intention, by seeking a private-sector partner, is to create a joint-venture that leverages the economies of scale and cost effectiveness of the private sector in order both to construct, and possibly manage, the PACC in the most cost-effective manner, as well as to complement the PACC with the necessary hotel and restaurant/catering facilities. In recognition of the unique challenges associated with a public-private partnership development aimed at delivering both a significant civic facility as well as market driven private components, the City intends to consider creative and appropriate terms and incentives. The City has identified the following potential partnership incentives and is willing to discuss their possible application to an appropriate redevelopment project: ■ Terms for control of the Site are available for open negotiation. • Public funds may be made available to help finance public components, such as public open space, street and sidewalk improvements, other infrastructure, and public parking. City funds, as well as the City's Local Infrastructure Financing Tool (LIFI� award by the State, may be available to provide contributory funding for these purposes. ■ Possibility of financing through the EB-5 Foreign Investment Visa Program as the Federal Way City Center is a USCIS-designated "regional center" for the purposes of foreign investment; ■ Management of the PACC is also open for negotiation, with the most effective, efficient and financially feasible management strategy - be that private or public - being the ultimate goal. ■ Up to 12-year limited property tax exemption may be available for any pobential residential components of mixed-use development; ■ City Center environmental impact statement and resulting Planned Action Ordinance that substantially lessens the SEPA environmental review burden for individual developers within the City Center Planned Action Area (that includes the Site). ■ Provision of a lead staff contact for the Project to facilitate and expedite permit approvals among various City departrnents, consistent with the development goals identified in the RFQ; • Citizen outreach and assistance with public meetings; ■ Other incentives as negotiated. Financial incentives potentially available from the City are not intended to replace private financing. Rather, they are intended to be flexible resources that can potentially bridge funding gaps which may be created by the more difficult nature of such preprogrammed public-private partnerships, especially in light of the substantial public program included in this Project. Please refer to the attached City Council- approved Public-Private Partnership Policies (Exhibit 5). Staff will work with the developer or development team to analyze specific detaiLs about the projecYs financial pro forma and other factors, as warranted. Any potential financial participaiion by the City in the project will be determined based upon the nature and extent of the "gap" between the total project costs, the level of private-sector delivery of PACC components, the amount of public amenities or elements, and the amount of private investment available to cover those costs, assuming a market average rate of return on the private investment. Based upon this information, City staff will then recommend the extent of the Cit�s potential financial participation in the project. The ultimate goal will be to make the overall project financially self-supporting as quickly as possible. -12- Appendix C City Council-Adopted Criteria for Public-Private Partnerships in City Center Preference for public participation will be given to projects that rate highly with regard to the following guidelines and/or objectives: T'he proposed development is comprised of (or contains) a mix of uses in a variety of building sizes and heights, and/or offers a"village" or "lifestyle center" site and building design, with such elements as street-oriented storefronts, outdoor eating and dining, and outdoor public ameniiies, such as artwork, fountains, plazas and seating. Projects with the greatest mix of uses (retail/service, residential, lodging and office) will be given priority. Phasing may be allowed to accomplish the full mix of uses contemplated in a development concept. ■ The proposed development is transit oriented in design and concept, where feasible, especially when in proximity to the Transit Center; ■ The proposed development is of superior site and building design, including use of high-quality materials. Parking facilities (both surface lots and structures) are aesthetically pleasing and integrated into the design of the overall project. Parking structures include street-level uses and/or are preferably be wrapped by other uses, where possible, to reduce their apparent bulk and mass. ■ The proposed development is located within the City Center and is of sufficient scale and scope to have a substantial impact on the image and desirability of the City Center and suggests a high probability of inducing additional, spin-off development; ■ T'he proponent can provide a solid track record with similar private development (previous experience in public-private partnerships desirable); ■ The project is projected to provide additional jobs at a variety of leveLs. Projects with family- wage and higher-paying jobs will rate more highly against this guideline. ■ The proponent provides an economic impact analysis. A detailed analysis and estimate of the project's direct economic impact in increased property, utility, and sales taxes, as well as an analysis and estimate of indirect economic impacts by multiplier effects throughout the local economy; ■ When selected for partnership consideration, the proponent provides a financial "gap" analysis, including development costs, projected revenue, disclosure of developer's desired capitalization rate, internal rate of return (based on other portfolio projects), etc., in order to determine the necessary level of public participation. -13- Appendix D Proposal Submittal Form (Must be returned with proposal) The owner or an officer of the firm must sign this document. A Corporate seal or a letter of authorization is needed for any other signer. I have submitted this proposal on behalf of my firm this day of ,2012. Firm Name: Address: Authorized Signature: Title: Telephone Number: Fax Number: Email Address: Altemate Contact: TO BE COMPLETED BY THE NOTARY: State of * 1 ) County of * 1 [`State and county where notarized must be written in for proposal to be considered.] Signed and swom to before me on this day of , by [Printad n�ne of individual who signed above.] My Commission Expires: , Signature of Notary Public My Commission Number : SS. -14- Appendix E Confidential Statement of Financial Capability A. Proposer/Development Entity Information i. Official Company/Entity Name: 2. Mailing Address: State/Zip: 3. If at this address less than 1 year, prior address: 4. Primary contact regarding this information: 5. Telephone Number: B. Development Entity. The Development Entity named above is: ❑ sole proprietorship — Soc. Sec. # ❑ corporation — FID # ❑ nonprofit or charitable institution or corporation—FID # 0 partnership — FID # ❑ business association or a joint venture— FID # ❑ limited liability company—FlD# ❑ Federal, State, or local government or instrumentalitythereof ❑ Other / explain: D. Date and State of Organization. If the Proposer/Development Entity is not an individual or a government agency or instrumentality: 1. Date of organization: 2. State of organization E. Proposer/Development Entity Principals. Names of owners, officers, directors, trustees, and principal representatives of the Proposer/Development Entity: Name, Address, ZIP Description of % of Ownership code Interest/Relationshi Interest -15- F. Proposer/Developmerrt Entity Affiliations. Is the Proposer/Development Entity a subsidiary of, or affiliated with, any other corporation or corporations or any other firm or firms? ❑ Yes ❑ No If Yes, provide the following information: Corporation/Firm Relationship to Common Proposer/ Officers/Directors Develo ment Entit Name Address Name Address Name Address G. Bankruptcy. Has the Proposer/Development Entity or the parent corporation (if any), or any subsidiary or affiliated corporation of the Proposer/Development Entity or said parent corporation, or any of the Proposer's/Development Entity's officers or principal members, shareholders or investors filed for bankruptcy, either voluntary or involuntary, within the past 10 years? ❑ Yes ❑ No If Yes, provide the following information: Name Court Date Status H. Loan Defaults. Has the Proposer/Development Entity or the parent corporation (if any), or any subsidiary or afFiliated corporation of the Proposer/Development Entity or said parent corporation, or any of the Proposer's/Development Entity's officers or principal members, shareholders or investors defaulted on a loan or other financial obligation? ❑ Yes ❑ No If Yes, explain: I. Litigation. Is the Proposer/Development Entity or the parent corporation (if any), or any subsidiary or affiliated corporation of the Proposer/Development Entity or said parent corporation, or any of the Proposer's/Development Entity's officers or principal members, shareholders or investors party to any pending criminal or civil litigation that could potentially impact the financial capability of the Development Entity to complete the proposed development? ❑ Yes ❑ No �iC� If Yes, provide the following information, and attach any additional information or explanation deemed necessary: Date Filed Court Current Status ]. Financial Condition. Attach to this statement a three-year certified financial statement showing the assets and the liabilities, including contingent liabilities, of the Proposer/Development Entity fully itemized in accordance with accepted accounting standards. To be certified, the statement must contain an auditor's opinion, or be compiled/prepared by a certified public accountant (CPA) or public accountant (PA). If the date of this certified financial statement precedes the date of this submission by more than six months, also attach an interim balance sheet not more than 60 days old. K. Conflict of Interest Does the Proposer/Development Entity currently have or plan to have as an officer, member, employee, shareholder, investor or financing partner of the Entity any person who is currently an officer, agent, or employee of the City of Federal Way? ❑ Yes ❑ No 1. If Yes, identify and explain: 2. If Yes, does anyone identified above (K-1) have direct or indirect pecuniary interest in the Proposer/Development Entity or in the redevelopment or rehabilitation of the property being proposed by the Proposer/Development Entity to the City? ❑ Yes ❑ No 3. If Yes, describe and explain: L. Additional Information. Attach any additional evidence deemed helpful to demonstrate the Proposer's/Development Entity's financial capacity and capability to complete the proposed development. -17- CERTIFICATION I, , certify under penalty of perjury under the laws of the State of Washington that I am authorized to submit this information on behalf of the Proposer/Development Entity and that the statements made in this Statement of Financial Capability are true and correct. I further authorize the City of Federal Way, or any employee or agent acting on behalf of the City of Federal Way, to undertake any investigation deemed appropriate to verify the information contained herein. Printed Name Title Signature Date If the ProposedDevelopment Entity is an individual, this statement should be signed by such individual; if a partnership, by one of the partners; if a corporation or other entity, by one of its chief officers having knowledge of the facts required by this statement. - Ig -