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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/01/2009 - FIRST READING OF ORDINANCE NO. 135, 2009, APPROPRI DATE: December 1, 2009 STAFF: Mike Freeman _ Josh Birks First Reading of Ordinance No. 135, 2009, Appropriating Prior Years Reserves in the Capital Projects Fund and Authorizing the Transfer of Appropriated Amounts Between Funds for a Commercial Redevelopment Study for the Midtown Commercial Corridor Area. EXECUTIVE SUMMARY Council directed staff to prepare a redevelopment study for the Midtown Commercial Corridor at the June 9, 2009 Work Session. Staff solicited requests for proposal, resulting in 18 responses from across the nation. Five finalists were interviewed by a selection committee of Economic Health,Advanced Planning, and Current Planning staff. The selection committee, using the City's purchasing process,selected a team led by ELS Architecture and Urban Design, supported by Economic and Planning Systems and Warreri Wilson. The Ordinance appropriates residual funds from the capital project fund prior year reserves to cover the cost of the Study and provide additional funds for implementation work. BACKGROUND / DISCUSSION The College Avenue commercial corridor has played a significant role in the history of retail development in Fort Collins. The Foothills Mall was originally built in 1973. In the early years, the Mall enjoyed a significant amount of visitation from local residents, County residents, and out-of-state visitors. Net taxable retail sales at the Foothills Mall have fallen by 42% since 2001, or 7.6 percent annually, which has had a significant negative financial impact upon the City's general fund. The redevelopment of the Foothills Mall and other vacant properties along College Avenue in the Midtown Commercial Corridor Area has been difficult to achieve. Today,approximately 700,000 square feet of vacant retail space(including vacancies at Foothills Mall) exists along the College Avenue corridor. Absent the revitalization of the Mall property and other key vacant parcels, vacancy is likely to increase. In addition, General Growth Properties and the special purpose entity which owns the Foothills Mall as a subsidiary, have entered into Chapter 11 bankruptcy protection. The College Avenue corridor still contains several successful retail properties. The continued decline of the area could put these properties in jeopardy. PROJECT OBJECTIVE This Ordinance appropriates the funds necessary for the selected consultant to achieve the following objectives: FOOTHILLS MALL: • A framework and concept plan for the redevelopment of the Mall • An accompanying draft public assistance package to overcome the primary economic and financial hurdles to redevelopment of the Mall • Tools to assist in marketing the Mall for redevelopment amongst local, state, and national developers. MIDTOWN COMMERCIAL CORRIDOR (MCC) • An analysis of the corridor identifying "high potential" redevelopment sites • A study of the current conditions affecting the MCC, including land use, ownership\vacancy, and any other attributes essential to understanding redevelopment potentials December 1, 2009 -2- ITEM 19 • An action plan providing direction to City staff for alleviating physical, economic, and policy barriers to redevelopment along the MCC. SELECTED TEAM The City of Fort Collins issued a Request for Proposals (#7051)on July 22, 2009 with responses due on August 12, 2009. The purchasing department received 18 responses from a variety of companies located in Fort Collins and across the nation. The selection committee, comprised of Economic Health, Advanced Planning, and Current Planning staff, reviewed the proposals and independently ranked each. As a result, five finalists were selected for interviews. Interviews were conducted the week of September 14, 2009. After independently ranking the interviews,the selection committee chose ELS Architecture and Urban Design("ELS"), supported by Economic and Planning Systems ("EPS"), and Warren Wilson as the finalist. The selected team provides a "real world" perspective based on extensive experience allowing the team to evaluate the feasibility of redevelopment in the corridor and at the mall. A brief excerpt from the proposal follows describing each team member: • ELS has over forty years of experience in design and creation of great public places and catalyst projects, particularly for mixed-use retail environments. Many of their recent efforts have focused on the redevelopment of aging malls and adjacent commercial strips for both private and public clients. These redevelopment projects have ranged from the replacement of empty department stores with outdoor shopping streets in otherwise successful malls to the complete demolition of mall uses in favor of open-air, pedestrian friendly, mixed-use districts. • EPS offers a full range of economic and financial analysis services focusing on public-private development. The firm has completed both retail development advisory services and a detailed study of development opportunities in the Mason Corridor that are pivotal to the Midtown Study. EPS'wide technical analysis and development advisory services combined with its history serving Fort Collins provide a strong foundation for the team. • Warren Wilson brings extensive retail, mixed-use, planned community, site selection, redevelopment, and ground-up development experience to the team. As a senior executive at The Rouse Company and General Growth Properties, Mr. Wilson identified, evaluated, and developed retail and mixed-use projects for over thirty-five years including many developments that were planned and designed by ELS. APPROPRIATION OF FUNDS The Ordinance will appropriate $286,090 of residual funds from the capital project fund prior year reserves. These funds have accumulated primarily from unappropriated earnings on investments. PHASE I - Midtown Commercial Corridor Redevelopment Study The appropriation of$215,000 will facilitate the completion of the Midtown Commercial Corridor Redevelopment Study as described in the attached and executed Professional Services Agreement between the City of Fort Collins and ELS Architecture and Urban Design. PHASE II - Implementation The appropriation of$71,090 will provide funds that can be used for the following implementation activities, after the completion of the redevelopment study: • Consulting fees for Economic Impact Analyses of proposed redevelopments • Consulting fees for analysis of proposed redevelopment project financial need • Follow up activities and investments that may be identified in the Action Plan developed as part of the redevelopment study • Other costs including legal fees, consulting fees, and other expenditures as needed to assist in the implementation of the final Midtown Commercial Corridor Redevelopment Study. December 1, 2009 -3- ITEM 19 FINANCIAL IMPACT The ordinance will appropriate $286,090 of residual funds from the capital project fund prior year reserves. These funds have accumulated primarily from unappropriated earnings on investments. Phase I -the Midtown Commercial Corridor Redevelopment study will receive$215,000 of the appropriated funds. Phase II-Implementation will receive the balance of the funds or$71,090. This appropriation does not affect the projected general fund balance. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The completion of the Midtown Commercial Corridor Redevelopment Study will impact the economic, environmental and social condition of the community in the following ways: Economic-The redevelopment study will focus on the opportunities for new development along the College Avenue corridor. Specifically the study will provide recommendations for new retail and entertainment opportunities that may help to increase retail sales in the City. Environmental-Redevelopment provides opportunity for development to occur within the core of the community as opposed to the outer edge. This may reduce vehicle miles traveled and can facilitate the reuses of portions of the community currently underutilized preserving vacant land for other purposes. Social -One goal of the redevelopment study is to create greater connectivity between the adjacent neighborhoods and the commercial development along College Avenue. The hope is this creates additional gathering places for the neighborhoods providing an opportunity for a greater sense of community. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION The Economic Advisory Commission submitted a recommendation in support of the Midtown Commercial Corridor Redevelopment Study to City Council on June 8, 2009. PUBLIC OUTREACH The solicitation and selection of a consultant to complete the Midtown Commercial Corridor Redevelopment Study did not include any public outreach. However, the study will include several forms of public outreach including an informational website, public meetings, meetings with individual stakeholders from the corridor, and potentially focus groups of interested parties and stakeholders. ATTACHMENTS 1. Location map 2. Executed Professional Services Agreement, Scope of Services, Fee Schedule, & Insurance Requirements dated November 13, 2009 3. Economic Advisory Commission meeting minutes; June 3, 2009 4. Economic Advisory Commission recommendation dated June 8, 2009 ATTACHMENT 1 cV 1 i 1 1 1 WN 0 N MULBERRY STREET I 0 TC L N COLORADO STATE '¢ a UNIVERSITY O� J N O 6 U f� I PROSPECT ROAD 3 3 I I � DRAKE ROAD Y a FOOTHILLS 3 MALL HORSETOOTH ROAD _3 lilt 3 3 3 HARMONY ROAD FORT C 0 L L I N S MID -TOWN CORRIDOR STUDY AREA ii.2s.zoos ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS,COLORADO,a Municipal Corporation,hereinafter referred to as the "City"and ELS Architecture and Urban Design, hereinafter referred to as "Professional'. W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: • 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit"A", consisting of six (6) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence November 2, 2009, and shall continue in full force and effect until April 30, 2010, unless sooner terminated as herein provided. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15)days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed,postage prepaid and sent to the following addresses: Professional: City: With Copy to: ELS Architecture and Urban Design City of Fort Collins City of Fort Collins, Purchasing Attn: Mr. Jamie Rusin Attn:Josh Birks PO Box 580 2040 Addison Street PO Box 580 Fort Collins, CO 80522 Berkeley, CA 94704 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Standard Professional Services Agreement-rev07/09 1 Professional's obligations under this Agreement.Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy,timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors,omissions,or other deficiencies. The Professional shall indemnify,save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees,arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general .liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of$1,000,000. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement,the City agrees to pay Professional a fixed fee in the amount of Two Hundred Thousand Dollars ($200,000.00) plus reimbursable direct costs in the amount of Fifteen Thousand Dollars ($15,000.00). All such fees and costs shall not exceed Two Hundred Fifteen Thousand Dollars ($215,000.00) in accordance with the Fee Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. The parties acknowledge that the sub-contractors, Economic& Planning Systems (EPS) and Warren W. Wilson (WWW) are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the Standard Professional Services Agreement-rev07/09 2 rates listed in Exhibit"B"the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit"B" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 8. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's Standard Professional Services Agreement-rev07/09 .3 approval or acceptance of,or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10)days within which to cure said default. In the event the default remains uncorrected,the party declaring default may elect to(a)terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Bindinq Effect. This writing,together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and Standard Professional Services Agreement-rev07/O9 4 i 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. I. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Standard Professional Services Agreement-rev07/09 5 Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 16. Amendment 54. To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: a. Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. Standard Professional Services Agreement-rev07109 6 THE CITY.OF FORT COLLINS, COLORADO �FpRTCp 0,q ........ Jan)es B. O'Neill II, CPPO, FNIGP Director of/Purchasing & Risk Management • � DATE: `�Ll � A S.• 'O �• Rr 0 City Clerk APP A� T RM: Assijdant C' A orney ELS rchitecture a ban Design'` By: Title: a" ,,��,,,,�� rL CORPORATE PRESIDEENNT�OR VICE PRESIDENT Date: I I ' ` `D k J` ATT1 ytf o _\ Corporate Secretary s ' , 4 r j Standard Professional Services Agreement-rev07/09 EXHIBIT A SCOPE OF SERVICES Project Summary The Professional team, led by Professional with sub-consultants Economic & Planning Systems(EPS) and Warren W. Wilson (WWW), will complete services for the Midtown Commercial Redevelopment Study(the Study) over a period of approximately six months. Generally, the services will include: • Land-use analysis of the Mason-College Corridor and Foothills Mall site environs. • Market analysis for retail, office, and multifamily residential uses for the Mason-College Corridor and the Foothills Mall site environs. • Associated study of potential development options. • Public involvement program, including two public meetings and outreach to stakeholders such as City staff and elected officials, and study area tenants, neighbors, and landowners. • Preparation of a development framework and urban design plan for the Mason-College Corridor and Foothills Mall. • Financial analysis and redevelopment strategy for the Foothills Mall properties and other key opportunity sites. • Identification of economic development and public financing incentives to help achieve the desired development. • A final report that documents the study results, illustrates potential development, and identifies additional and next steps. Overall, the goal of the Study is to collaboratively identify a compelling, realistic, and vigorous vision for the character and development of the Midtown District and to provide a financially viable and feasible development and urban design framework to achieve that vision. , The Study area is generally comprised of the College Avenue commercial corridor bordered by the Mason Bus Rapid Transit on the west, residential neighborhoods on the east, Prospect Road on the north, and the former Wal-Mart store site south of Harmony Road. The Study area includes Foothills Mall and its associated adjacent properties as a key development parcel. Additional Notes The scope and fees for the Study are based on the following conditions and assumptions: The Study is strategic in nature with a focus on positioning the Foothills Mall properties for reinvestment and redevelopment. Plans and feasibility analysis for other Mason-College Corridor opportunity sites will be more conceptual and illustrative of the type and quality of possible development. The Study will conclude with a Final Report identifying next steps for implementation. The Study may recommend but does not include the following potential services: • Detailed parcel-level analysis along the College-Mason Corridor(site concepts and feasibility analysis for Foothills Mall,as well as selected or prototype opportunity sites for the College-Mason Corridor are included in the Study). • Business Improvement District creation and other similar merchant-and landowner-based initiatives. • Detailed merchandizing plans, lease plans, and individual tenant identification (market demand, site opportunities, and potential general tenant mix for the study area will be provided;significant large retailers, such as department stores,will be contacted). 1 • Revisions to zoning or other City ordinances and adopted plans (zoning and adopted plans will be reviewed and possible revisions associated with the Study will be identified; the Study will be informational and not intended for formal adoption or approval). • Formation of urban renewal district plans or other districts for the purpose of providing public financing assistance to public-private development projects. It is assumed that the City has extensive base maps, landowner and tenant information, background reports, and other similar information that will be available in electronic format. This information will be compiled and formatted to suit the Study;original research for this type of information is not included. Foothills Mail is owned and controlled by GGP, Macy's and Sears. The extent to which these stakeholders will share proprietary information concerning the mall and its performance is unknown and will be a factor in the precision of the financial model provided as a part of the Study. Noticing and scheduling of stakeholder interviews and public meetings will be completed by the City. Planning services will be conducted at a conceptual level and working assumptions will be made for certain technical aspects of the Study such as for traffic, civil, environmental, and other similar disciplines. These assumptions will be made based on the understanding that these issues will be addressed as needed in subsequent planning and design. The work effort will be continuous. Suspensions of service or the extension of the schedule may result in additional services. Meetings in Fort Collins for Professional and W W W will be conducted on consecutive days, allowing for a single overnight stay for each trip unless otherwise noted in the work plan. Based on currently available flights, Professional and W W W can be available beginning with lunch the first day, through evening public meetings, and for the entire second day. Construction cost estimates are not included. Limited copies of progress and report materials are included in the budget for expenses. High-quantity printings for broad distribution are not included. If the City, or others through the City, request copies of electronic data files ("CAD Data") prepared by Architect or its Consultants for the Project, the parties agree to execute Professional' CAD Agreement prior to the transfer of such CAD Data. Unless otherwise provided, Professional and Professional'sub-consultants shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous materials in any form, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. Work Plan The Work Plan is generally organized around five milestone meetings that will each occur over two days and will be led by Professional and EPS. The meetings will include the presentation of progress material and working sessions with the core team, as well as a variety of stakeholder and public outreach efforts. WWW will assist Professional and EPS as an advisor on development matters and as a liaison to department stores, key tenants and the mall owner. Meetings will be collaborative with the City Staff Team participating in the Study, preparing background, contributing to Study content and results, and reviewing material as it is drafted. Consultant and City Staff Team member roles are initially identified in the following work plan. 2 Stakeholder and Public Meetings The public involvement program elaborates on the August 12, 2009 Proposal by clarifying the extent and nature of stakeholder meetings and public presentations: • During the first month, the Professional team will interview City staff and elected officials. In conjunction with City staff, the Professional team will also identify key stakeholders among landowners, tenants, and neighbors for later contact. • During the second month, stakeholder meetings will be conducted to review Study objectives and identify key stakeholder issues. Professional and EPS will conduct meetings together during a focused two-day period; EPS will also conduct additional one-on-one interviews as needed between milestone meetings. • During the third month (or other appropriate time), EPS may attend a public City Plan meeting to present the Study vision, work plan, and key redevelopment issues in the context of City-wide long range plans. • During month four, and after internal review by City staff, the completed market analysis, development potentials, and the draft urban design plan will be prepared for presentation to stakeholders and at a public open house. At this stage, the study will be substantially outlined but sufficiently open-ended to benefit from stakeholder and public input. Prior to the open house, Professional and EPS will present the same material to members of the Planning and Zoning Board, Transportation Board, and the Economic Advisory Council for discussion and comment. • The fifth month of the study will be devoted to final drafting and completion of the study with an internal effort by the Professional team and City staff. • The final report will be presented in the sixth month to appropriate bodies such as the City Council. • A written summary of stakeholder and public input will be maintained and included in the final report. Month One(November 2009) ) Tasks • Before the initial kick-off meeting prepare a list of possible background material for the City to assemble and up-load to an Professional provided ftp site. • Consider the format, schedule and possible content of a City managed page on the City web- site to support stakeholder and public outreach for the Study. • Data collection and review including Mason Corridor design plans, land ownership, major tenants, previous studies, and other relevant material. • Base map compilation. • Identify core working group and lines of communication. • Interview key City staff and elected officials • Identify key stakeholders among land and building owners, key tenants, and neighborhood representatives. • Conduct a tour of the Study Area with City staff. • Review and refine this work plan and schedule. • Initiate retail/office market analyses for Foothills Mall and the College Corridor. Meetings • EPS and Professional, two consecutive and complete days (two night Professional stay) including extensive meetings with City staff to apprise Professional and EPS to the greatest extent possible on background pertaining to the Month One tasks above (agenda and schedule to be prepared by the City). • EPS,follow-up one-day trip for interviews and field research as needed. • Conference calls and web-based meetings as needed. 3 Deliverables • Preliminary base map(s). • Organization chart and team directory. • Initial vision statement. • Initial stakeholder directory. • Revised and refined work plan. Month Two(December 2009) Tasks • Key stakeholder interviews. • Contact the Mall owner and department stores with W W W assistance. • Substantially complete retail/office market analysis. • Update and refine Mason Corridor residential market analysis and apply to College Corridor and sites. • Land use opportunities and constraints analysis. • Concept site analysis (considering traffic, transit, access, planned projects, micro climate, etc.). • Thematic planning concepts with broad consideration of uses, identity, and character that build upon the initial vision statement for the Study area with W W W assistance. Meetings • EPS and Professional, two consecutive days including working sessions with City staff and review of City staff comments on Month One deliverables. • EPS, additional field work on potential opportunity sites. • Conference calls and web-based meetings as needed. Deliverables • Draft market analysis. • Presentation of broad planning concepts to City staff. • Sketch book in hard copy and electronic format. • Summary of stakeholder interviews. Month Three(January 2010) Tasks • Define Foothills Mall redevelopment concepts with W W W assistance. • Identify Mason-College Corridor development potentials and opportunity site catalyst projects. • Prepare redevelopment and urban design concepts for Foothills Mall and Mason-College Corridor sites with W W W assistance. • Prepare initial College "Boulevard"design concepts. Meetings • EPS, Professional, and W W W, two consecutive days including working sessions with City staff and review of City staff comments on Month Two deliverables. • Presentation of initial planning concepts to City staff. • Conference calls and web-based meetings as needed. Deliverables • Three preliminary alternative plans for Foothills Mall. • Two or three initial prototype concepts for Mason-College opportunity sites. • Initial College"Boulevard"concept. • Summary sketch book in hard copy and electronic format. • Complete market analysis. 4 Month Four(February 2010) Tasks • Develop land-based pro forma financial model. • Financial feasibility analysis of Foothills Mall redevelopment concepts with W W W assistance. • Planning level financial analysis of Mason-College Corridor catalyst projects. • Solicit feedback on initial concepts from key stakeholders. • Conduct a public open house. • City review of initial planning concepts. • Identify refinements to be made to initial planning concepts. • Update the vision statement for Midtown. • City review of Month Three deliverables during Month Four and sufficiently prior to the open house is critical. • If not sooner, City to launch page on City web site to make information about the project and the open house available. Meetings • EPS and Professional, two consecutive and complete days (two night Professional stay) allowing for Study material to be presented to key Board and Commission members and others as appropriate prior to the open house. • Presentation to and work session with members of the Planning and Zoning Board, Transportation Board, and Economic Advisory Council. • Public open house. • Conference calls and web-based meetings as needed. Deliverables • Summary of stakeholder and public feedback. • Summary of refinements to be made to the initial planning concepts. • Foothills Mall redevelopment feasibility analysis. • Foothills Mall redevelopment and financing strategy. Month Five(March 2010) Tasks • Preparation of Final Report. • Core team review and subsequent refinements to the Study. Meetings • Conference calls and web-based meetings as needed. Deliverables • Final Report, authored by Professional and EPS with assistance from WWW. The Final Report will summarize Study activities and findings and will include: • Executive summary, a section of which will be formatted as a handout suitable for initial contact with interested parties including at ICSC. • Market and development potentials. • Foothills Mall redevelopment strategy. • Foothills Mall urban design framework. • Foothills Mall preliminary tenanting strategy. • Foothills Mall economic development/public financing strategy • Mason-College Corridor opportunity site feasibility analysis. • Mason-College Corridor prototype site concept plans. • Preliminary development/disposition strategy. • Urban design including: 5 - Study area site analysis. -Overall district identity,character, and circulation. - Prototype development for College-Mason sites. - Strategic alternatives for Foothills Mall. - College Avenue "Boulevard" Improvements. Urban design illustrative material will include: -Color plans at planning-level drawing scale(such as 1"= 100'for Foothills Mall). Two overall aerial sketch perspectives. -Character sketches and massing studies. - Photographs of applicable reference projects and places. The urban design will consider: -The mix, location, and density of retail,commercial, and residential uses. - Vertical and horizontal mixed-use. - Existing zoning, height limits, and developer incentives. - Phasing and long-term build-out. -Alternative key anchor tenants and district-defining leasing concepts. - Phasing and structured parking strategies. - Minimum initial development to achieve critical mass. -The look, feel, and character of Midtown -the "postcard"you send home. - Planning concepts that address development options and Midtown character. - Defining public realm elements that create a unique identity for Midtown. - Flexible plan elements and elements that should be fixed, moving forward. - Public rights-of-way and developer-controlled streets and public space. -A vigorous overall vision that can support a market-responsive strategy. The Final Report will be made available in hard copy, electronic, and PowerPoint formats. Month Six(April 2010) Tasks • Public Presentation of the Study at a City Council work session. Meetings • EPS, Professional, and WWW, two consecutive days. Deliverables • Presentation in hard copy and electronic format. 6 EXHIBIT B FEE SCHEDULE Fees Fees for services are a lump sum of$200,000.00 with an additional estimated budget of $15,000.00 for reimbursable expenses to be billed at cost. Billing for services will be monthly and based on the percent of services completed. Budgets for each consultant are: Professional: $100,000.00 Urban design. EPS: $80,000.00 Market and Financial Analysis. W W W: $20,000.00 Development Advisor and Liaison, 2 trips plus approximately 35 hours of consultation. These budgets for individual consultants may vary based on the actual allocation of effort. Expenses Reimbursable expenses shall be.billed at cost and shall include actual expenditures made in the interest of the project, in the following categories: -Transportation and living expenses in connection with out-of-town travel. - Long distance communications and facsimiles. - Reproduction and photography. - Postage, shipping,and delivery. - Professional renderings and models. Hourly Rates(as needed for additional services) Professional Principal $215.00 Associate Principals $145.00 - 190.00 Associates $100.00 - 180.00 Professional Staff $100.00 - 180.00 Technical Support Staff $ 60.00 - 145.00 EPS Managing Principal $295.00 Principals $210.00 Senior Associates $140.00 Associates $115.00 Technical Support Staff $75.00-$90.00 Warren W. Wilson $300.00 Rates are subject to revision on January 1, 2010 in accordance with cost of living adjustments. Individual billing rates and/or classifications may change during the year to reflect a change in status and/or merit salary adjustments. 1 EXHIBIT C INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of$100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 1 ATTACHMENT 3 i i Economic Advisory Commission Minutes Beena B wa, Stu Ma illan, Tom Clevenger and RI June 3, 2009 not present a eting. A passed writte otion/recommendation mem\ read before p cket on Tue y June 9, 2009. Part of the June 9,2009 Council Work Session will be dedicated to Financial Issues including the Foothills Mall Redevelopment or Midtown Commercial Redevelopment Project. Following up on the EAC Special meeting held May 28, 2009 Blue Hovatter motioned: The Economic Advisory Commission (EAC) supports the City Staffs Midtown Commercial Redevelopment Project and its proposed Budget. The EAC believes that this project fits with and enhances the City's existing plans, projects, and values including; City Plan, the Mason Corridor Project, the Economic Vision and Values that came out of the Economic Vitality and Sustainability Action Group (EVSAG), and the City of Fort Collins Economic Policy. The EAC appreciates the City and City Staff taking a proactive approach to the City's economic needs. The EAC believes it is strategically important that the City create a vision for Midtown that will provide future developers of this area a clear understanding of the where, when and howl of the City's possible involvement and partnerships in this area. The EAC views this as an opportunity to inspire the type of redevelopment that fits with the values of the Fort Collins community. The motion seconded by Bill Timpson passed unanimously. Affirmative: Jim Clark, Christophe Febvre, Bill Timpson, Blue Hovatter and Kevin Shaw. Beena Bawa, Stu MacMillan, Tom Clevenger and Rick Price abstained since they were not present at the meeting. A passed written Foothills Mall Redevelopment Project motion/recommendation memo to Council will be included in the read before packet on Tuesday June 9, 2009. Meeting adjourned 1:48 Agenda Item 5— Follow up discussion regarding previous meetings Christophe ummarized an email by Tom Clevenger asking for consideration by the commission in e following 3 areas: • Electric Uti•1•ittyy Rates • Economic Dev opment incentives along Mason Corridor • Manufacturing use x No recommendations or deci - ns by the EAC were made. Agenda Item 6—General Update o DA Activities ATTACHMENT 4 o Financial Services Uty ®f 300 LaPorte Ave FortCollins PO Box580 Fort Collins, CO 80522 97 970.221.6505 970.224.6107-fax fcgov.com Memorandum To: Mayor Hutchinson and City Council Members From: Economic Advisory Commission CC: Darin Atteberry, City Manager Mike Freeman, Chief Financial Officer Date: June 8, 2009 Subject: Recommendation on the Foothills Mall Redevelopment The Economic Advisory Commission met May 28, 2009 to discuss the Foothills Mall Redevelopment Project. All members unanimously agreed to make the following recommendation to City Council: The Economic Advisory Commission (EAC) supports the City Staffs Midtown Commercial Redevelopment Project and its proposed Budget. The EAC believes that this project fits with and enhances the City's existing plans, projects, and values including; City Plan, the Mason Corridor Project, the Economic Vision and Values that came out of the Economic Vitality and Sustainability Action Group (EVSAG), and the City of Fort Collins Economic Policy. The EAC appreciates the City and City Staff taking a proactive approach to the City's economic needs. The EAC believes it is strategically important that the City create a vision for Midtown that will provide future developers of this area a clear understanding of the where, when and bows of the City's possible involvement and partnerships in this area. The EAC views this as an opportunity to inspire the type of redevelopment that fits with the values of the Fort Collins community. Thank you for considering this recommendation ORDINANCE NO. 135, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL PROJECTS FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN FUNDS FOR A COMMERCIAL REDEVELOPMENT STUDY FOR THE MIDTOWN COMMERCIAL CORRIDOR AREA WHEREAS, approximately 700,000 square feet of vacant retail space, including vacancies at the Foothills Mall, exist along the southern portion of the College Avenue corridor, also known as the Midtown Commercial Corridor; and WHEREAS, several successful retail properties are located in the Midtown Commercial Corridor but continued decline in the area could jeopardize these retail properties; and WHEREAS, at its June 9, 2009, work session, City Council directed City staff to prepare a redevelopment study for the Midtown Commercial Corridor; and WHEREAS,the City issued a Request for Proposal for consultants to assist City staff in the redevelopment study and ultimately selected a team led by ELS Architecture and Urban Design, supported by Economic and Planning Systems and Warren Wilson, as consultants; and WHEREAS, this ordinance appropriates $215,000 for the completion of the Midtown Commercial Corridor Redevelopment Study and$71,090 to be used for implementation activities; and WHEREAS, funds are available from the Capital Projects Fund prior year reserves accumulated from unappropriated earnings on investments; and WHEREAS,Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, 'notwithstanding that such reserves were not previously appropriated; and WHEREAS,Article V,Section 10,of the City Charter authorizes the City Council to transfer by ordinance any unexpended amount or portion thereof from one fund or capital project to another fund or capital project, provided the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the Capital Projects Fund the sum of TWO HUNDRED EIGHTY-SIX THOUSAND AND NINETY DOLLARS ($286,090) to be transferred to the General Fund and appropriated therein for a Commercial Redevelopment Study for the Midtown Commercial Corridor and implementation activities upon completion of that study. Introduced, considered favorably on first reading, and ordered published this 1 st day of December, A.D. 2009, and to be presented for final passage on the 15th day of December, A.D. 2009. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of December, A.D. 2009. Mayor ATTEST: City Clerk c