HomeMy WebLinkAboutResolution - 2008-R0484 - Agreement_ Consulting Services For Downtown Revitalization Plan - Mcdougal Land - 12_04_2008Resolution No. 2008-RO484
December 4, 2008
Item No. 6.3
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement between the
City of Lubbock and McDougal Land Company, L.0 to provide master developer and
consultant services to implement the Downtown Revitalization Action Plan. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 4th day of December, 2008.
�� A�;�
TOM MARTIN, MAYOR
TTEST:
Garza, City Secretary
OVED �S T .CONTENT:
Assisi -ei6y Manager
Services
L. Chamales,
mic Development Attorney
Att / Linda: Res -Downtown Dev/Consultant Agmt-McDougal
smber 25, 2008
Resolution No. 2008-RO484
DOWNTOWN REVITALIZATION
MASTER DEVELOPER CONSULTANT AGREEMENT
This Downtown Revitalization Master Developer Consultant Agreement (hereinafter
called the "Agreement") is between the City of Lubbock, a Texas municipal corporation,
(hereinafter called the "City") and McDougal Land Company, L.C., an affiliate of the
McDougal Companies (hereinafter called the "Master Developer Consultant "). This
Agreement shall become effective on January 1, 2009.
WHEREAS, the citizens and leaders of Lubbock invested in a new vision for
downtown and identified the need to revitalize downtown Lubbock and map out a
strategy for expanding its presence as the regional hub of commerce, entertainment,
culture and government by commissioning a study project; and
WHEREAS, the result of the study project, which focused on the Downtown
Core defined as the area bounded by 4`h Street, 19'h Street, Interstate 27, and Avenue Q,
was called the Downtown Revitalization Action Plan (the "Plan"), that identified short
and long term projects as well as the funding and support needed to accomplish them. A
copy of the Plan is attached hereto as Exhibit "A" and incorporated as if fully set forth
herein; and
WHEREAS, the City issued a Request for Qualifications and Preliminary
Proposals (the "RFQ") to identify an experienced and qualified developer with the proven
skills, resources, and the commitment to successfully redevelop, market and manage an
urban redevelopment area. A copy of the RFQ is attached as Exhibit "B" and
incorporated as if fully set forth herein; and
WHEREAS, the RFQ anticipated a phased development approach with a Master
Developer who would assemble a team acceptable to the City, capable of planning,
assembling property, designing, privately financing, and developing the project area into
a revitalized mixed -use redevelopment area; and
WHEREAS, the RFQ anticipated that the development team would include the
private financial resources and urban development experience necessary to secure
appropriate properties, negotiate with requisite public and private entities such as the
City, utility companies, and state agencies, and design, construct, market and manage or
sell the real estate improvements necessary to fulfill the Plan; and
WHEREAS, the RFQ anticipated that the Master Developer would work in
tandem with City interests, philanthropic interests, and private investors to encourage and
facilitate the development of facilities that in the Action Plan are designated as catalytic
or support projects, as well as assisting in the development of the private sector catalytic
and support projects by working with property owners and various interest groups; and
WHEREAS, Delbert McDougal, on behalf of McDougal Companies, responded
to the RFQ with a team that included Humphreys & Partners, Architects, L.P.
MASTER DEVELOPER CONSULTANT AGREEMENT
("Humphreys"), Parkhill, Smith and Cooper ("PSC"), and Garfield Traub Development
("Garfield"). McDougal Companies' response is attached as Exhibit "C" and
incorporated herein as if fully set forth; and
WHEREAS, the City Council of the City of Lubbock finds that the McDougal
Companies team possesses the qualifications, knowledge and experience necessary to act
as consultants for the City and the CBD in the assessment process, in the development of
land use policies, in the visioning and other planning activities necessary to successfully
redevelop, market and manage the urban redevelopment area of Downtown Lubbock; and
WHEREAS, the McDougal Companies have agreed to use private funding to
acquire property, sell property and recruit businesses to develop the downtown area; and
WHEREAS, the City of Lubbock desires to contract with the McDougal
Companies to serve as a consultant to oversee and work with City staff to implement the
Downtown Revitalization Action Plan;
WHEREAS, both the Downtown Redevelopment Commission and the Board of
Directors of the Central Business District Tax Increment Reinvestment Zone (the "CBD
TIF") have recommended that the City contract with McDougal Companies to serve as
the Master Developer Consultant to oversee and implement the Downtown Revitalization
Action Plan;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements herein, the Parties agree as follows:
ARTICLE I.
RECITALS AND EXHIBITS PART OF AGREEMENT
1.1 The representations, covenants, and recitations set forth in the foregoing recitals
are material to this Agreement and are hereby incorporated into and made a part
of this Agreement as though they were fully set forth in this Article I. Exhibits A,
B, C, and D attached hereto are incorporated in this Agreement as if fully set forth
herein.
ARTICLE IL
RESPONSIBILITES OF MASTER DEVELOPER CONSULTANT
2.1 Master Developer Consultant agrees to provide the services listed below and
described in the Scope of Services attached as Exhibit "D" within the timeframes
noted. Certain of these services may be provided by team members for the
Master Developer Consultant, but the Master Developer Consultant shall remain
responsible for the full performance of such services. Master Developer
Consultant shall make progress reports, both oral and written to the CBD TIF
Board and the City Council.
MASTER DEVELOPER CONSULTANT AGREEMENT 2
2.2 Master Developer Consultant agrees to prepare a detailed master plan for each
district identified in the Downtown Revitalization Action Plan (the "Plan") for
presentation to the CBD TIF Board and approval by the City Council,
recommending locations for all phases of redevelopment for easy access,
shopping, parking and living.
2.3 Master Developer Consultant and his team shall assist in providing public and
private design guidelines for the Downtown Revitalization.
2.4 Master Developer Consultant agrees to work with Texas Tech to provide a Texas
Tech presence downtown and to maximize student population in the downtown
area.
2.5 Master Developer Consultant agrees to make every effort to secure development
partners as necessary for specific development uses including multi -family and
single-family residential, office, retail and commercial, including entertainment
venues and restaurants.
2.6 Master Developer Consultant and development partners shall be responsible to
undertake all acquisition of land and structures for redevelopment or demolition
as appropriate, providing all costs associated with survey, appraisal, legal fees,
property acquisition and other costs.
2.7 Master Developer Consultant agrees to make every effort to resolve
environmental issues for the land and structures acquired.
2.8 At the request of the City, Master Developer Consultant agrees to negotiate the
purchase and sale of real property for the City in the downtown area.
2.9 Master Developer Consultant shall oversee the management team to accomplish
the goals of the Downtown Revitalization Action Plan (the "Plan").
ARTICLE III
RESPONSIBILITES OF CITY
3.1 City agrees to pay Master Developer Consultant in accordance with Article V.
3.2 City agrees to prepare an amendment to the CBD TIF Project and Finance Plans
for approval of the City Council including implementation and construction of
public projects and improvements by committing to appropriate funding in
accordance with the Downtown Revitalization Action Plan and Master Developer
Consultant's economic development efforts,
3.3 City shall have no obligation to provide any additional funding from any source
for private development projects.
3.4 City agrees to make every effort to commit available resources on a timely basis
for construction of public streets, engineering and construction of city -owned
public utilities such as water, sewer and electricity, including the relocation of
utilities underground in accordance with the CBD TIF Project and Finance Plans
as approved by the City Council.
3.5 City agrees to work with Master Developer Consultant in street or alley closures
or street expansions to submit for approval of the City Council as recommended
in the Plan and in the detailed master plan for each district.
3.6 City agrees to commit available funds for landscaping in the parkway and for
parks as recommended by the Master Developer Consultant and in the Plan in
MASTER DEVELOPER CONSULTANT AGREEMENT 3
accordance with the CBD TIF Project and Finance Plans as approved by the City
Council.
3.7 City agrees to create public improvement districts in the downtown area as
requested by property owners and as recommended by Master Developer
Consultant and in the Plan.
3.8 City agrees to make every effort to resolve the issues regarding the issuance of
bonds within the CBD TIF.
3.9 City agrees to commit to specific city -owned infrastructure funding prior to
closing of properties sold by the Master Developer Consultant to the project
developer in the designated area for the purpose of redevelopment. This
Commitment will be evidenced by a City -Developer agreement with the project
developer.
ARTICLE IV.
TERM
4.1 The term of this Agreement shall begin on the date of execution and end upon the
earlier of (a) the complete performance of all obligations and conditions precedent
by parties to this Agreement or (b) the expiration of five years.
4.2 City and Master Developer/Consultant shall have the mutual option to extend this
Agreement for two (2) additional five (5) year periods by agreement. Such
request must be made in writing thirty (30) days prior to expiration date of the
original term or expiration of first five (5) year option whichever applies.
4.3 Not withstanding the language in Paragraphs 4.1 and 4.2, this Agreement may be
terminated by either City or Master Developer Consultant by giving written notice
at least ninety (90) days prior to the date of termination. In the event of such
termination, City shall pay Master Developer Consultant for services performed
or incurred prior to the termination date.
ARTICLE V.
FEES
5.1 Master Developer Consultant fees for consulting services shall not exceed One
Million Seven Hundred Seventy Thousand Dollars ($ 1,770,000.00). Master
Developer Consultant will provide invoices on a monthly basis for specific tasks
performed as set forth in the attached Exhibit D. Monthly invoices are
anticipated to be 1/60t' of total contract price each month over the term of the
agreement.
5.2 Master Developer Consultant will keep and maintain time and expense records
relating to the specific tasks performed together with supporting receipts,
vouchers, and appropriate documentation. As necessary, these records and other
appropriate documentation may be required to support invoices submitted to the
MASTER DEVELOPER CONSULTANT AGREEMENT 4
City. The City shall have the right to examine such records as it deems necessary
upon reasonable notice to Master Developer Consultant.
5.3 The Deliverables Schedule in Exhibit D for Year One sets out the deliverables
that the parties anticipate and intend will be completed in 2009. Sixty days prior
to each anniversary date for this Agreement, the parties will come together and
agree on the deliverables that will be due during the next contract year. The
agreed deliverables shall be reduced to writing each year and presented to the
CBD TIF Board.
5.4 Master Developer Consultant fees for services as a city realtor representative in
the sale of city -owned property and/or the purchase of property for the City shall
not exceed six percent (6%) of the purchase price of the property.
5.5 Reimbursable expenses shall include actual expenditures made by the Master
Developer Consultant in the interest of the City under this Agreement and will be
billed at the actual cost to the Master Developer Consultant plus five percent (5%)
for handling and indirect costs. Total reimbursable expenses under this
Agreement shall not exceed Five Hundred Thousand Dollars ($500,000.00). In
the event the actual costs of reimbursable expenses approach $500,000, the City
and Master Developer Consultant will meet and negotiate in a good faith attempt
to reduce costs and/or to agree to an amendment to this Agreement.
Reimbursable expenses include without limitation costs of items such as the
following:
5.3.1 Copying of drawings, specifications, reports, cost estimates
reproductions, plots, copy expenses, postage, handling and
delivery of documents prepared in connection with the services of
the Master Developer Consultant under this Agreement
5.3.2 Cost of authorized out-of-town travel and subsistence for Master
Developer Consultant in connection with this agreement.
5.3.3 Cost of professional services contracted through third parties for
land planning, schematic design, environmental assessments,
utility relocation assessments, and other professional services.
5.3.4 Other similar direct project -related expenditures.
5.3.5 Direct personnel expenses such as salaries, employee benefits, or
insurance are not reimbursable expenses.
MASTER DEVELOPER CONSULTANT AGREEMENT 5
ARTICLE VI
SOURCE OF FUNDING
6.1 Nothing in this Agreement or later Amendments shall be construed to require City
to approve payments from any source of City funds other than the CBD Tax
Increment Fund. The payments in this Agreement are based on the CBD TIF
functioning as projected in the current CBD TIF Finance Plan. In the event the
CBD TIF does not function as projected, City and Master Developer Consultant
agree to renegotiate this Agreement in an equitable manner.
ARTICLE VII.
INSURANCE
7.1 Master Developer Consultant agrees to obtain or cause its Contractors and/or
subcontractors to obtain comprehensive liability insurance satisfactory to the City
(including workers' compensation or a self-insurance plan in lieu thereof) as set
forth in Exhibit "E" which names the City and the Board of Directors of the
Downtown Tax increment Finance District as additional insureds, due to any
damage, injury or death attributed to the Master Developer/Consultant or its
Contractors or subcontractors while completing the work required in this
Agreement.
ARTICLE VIII.
INDEMNITY
8.1 Master Developer Consultant agrees to defend, indemnify and hold City, its
officers, agents and employees harmless against any and all claims, lawsuits,
judgments cost and expenses for personal injury (including death) property
damage, or other harm for which recovery of damages is sought that may arise out
of or be occasioned by Master Developer Consultant 's breach of any of the terms
or provisions of this Agreement, or by any negligent act or omission of the Master
Developer Consultants, its officers, agents, associates, employees or
subcontractors, in the performance of this Agreement; except that the indemnity
provided for in this paragraph shall not apply to any liability resulting from the
sole negligence of City, its officers, agents, employees or separate contractors,
and in the event of joint and concurrent negligence of both Master Developer
Consultant and City, responsibility, if any, shall be apportioned comparatively in
accordance with the laws of the State of Texas, without, however, waiving any
governmental immunity available to City under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and not intended to create
or grant any rights, contractual or otherwise to any other person or entity.
MASTER DEVELOPER CONSULTANT AGREEMENT 6
ARTICLE IX.
AUTHORITY TO BIND
9.1 The City represents and warrants to Master Developer Consultant that the City
has full constitutional and lawful right, power and authority, under currently
applicable law to execute and deliver and perform the terms and obligations of
this Agreement, and all necessary City proceedings, findings and actions.
Accordingly, this Agreement constitutes the legal valid and binding obligation of
the City, is enforceable in accordance with its terms and provisions and does not
require the consent of any other governmental authority.
9.2 Master Developer Consultant hereby represents and warrants to City that the
Master Developer Consultant has full lawful right, power and authority to execute
and deliver and perform the terms and obligations of this Agreement and all of the
foregoing have been or will be duly and validly authorized and approved by all
necessary actions of Master Developer Consultant. Concurrently with Master
Developer Consultant's execution of this Agreement, Master Developer
Consultant has delivered to the City copies of the resolutions or other corporate
actions authorizing the execution of this Agreement and evidencing the authority
of the persons signing this Agreement and evidencing the authority of the persons
signing this Agreement on behalf of Master Developer Consultant to do so.
Accordingly, this Agreement constitutes the legal, valid and binding obligation of
Master Developer Consultant, and is enforceable in accordance with its terms and
provisions.
ARTICLE X.
DEFAULT
10.1 A default shall exist if any party fails to perform or observe any material covenant
contained in this Agreement, or if the representation provided for in Article IX is
not true or correct. A party shall immediately notify the defaulting party in
writing upon becoming aware of any change in the existence of any condition or
event that would constitute a default by the defaulting party, or with the giving of
notice or passage of time, or both would constitute a default by defaulting party
under this Agreement. Such notice shall specify the nature and the period of
existence thereof and what action if any, the notifying party requires with respect
to curing the default.
10.2 If a default shall occur and continue, after thirty (30) days written notice to cure
default, City may, at its option terminate this Agreement or pursue any and all
remedies it may be entitled to in accordance with Texas law, without the necessity
of further notice to or demand upon Master Developer Consultant.
MASTER DEVELOPER CONSULTANT AGREEMENT 7
ARTICLE XI.
FEDERAL FUNDING
11.1 The City represents and warrants to Master Developer Consultant that no federal
funds or federally assisted project activities as administered by or under the
control of the City are involved in this project at this time. City further agrees
that it does not have any intention or plans to participate in the future in any
federally assisted project activities in the Central Business District Tax Increment
Finance Zone.
11.2 Master Developer Consultant represents and warrants to City that Master
Developer Consultant has no federal funds involved in this project at this time.
Master Developer Consultant further agrees that it will not in the future
participate in any federally assisted project activities in the Central Business
District Tax Increment Finance Zone.
ARTICLE XII.
NOTICES
12.1 Any notice required by this Agreement shall be deemed to be properly served if
deposited in the U.S. mails by certified letter, return receipt requested, addressed
to the recipient at the recipient's address shown below, subject to the right of
either party to designate a different address by notice given in the manner just
described.
12.2 If intended for City notice shall be sent to:
Assistant City Manager, Development Services
City of Lubbock
P.O. Box 2000
1625 1 P Street
Lubbock, Texas79457
12.3 If intended for Master Developer Consultant, notice shall be sent to:
Mr. Delbert McDougal
McDougal Land Company, L.C.
7008 Salem Avenue
Lubbock, Texas 79424
ARTICLE XIII.
VENUE AND GOVERNING LAW
13.1 This Agreement is performable in Lubbock County, Texas, and venue for any
action arising out of this Agreement shall be exclusively in Lubbock County.
MASTER DEVELOPER CONSULTANT AGREEMENT 8
13.2 This Agreement shall be governed and construed in accordance with the laws of
the State of Texas.
ARTICLE XIV.
ATTORNEY FEES
14.1 Master Developer Consultant and City expressly agree that in the event of any
litigation arising between the parties to this Agreement that each party shall be
solely responsible for payment of its attorneys and that in no event shall either
party be responsible for the other party's attorney fees regardless of the outcome
of the litigation.
ARTICLE XV.
LEGAL CONSTRUCTION
15.1 In the event that any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other provision
thereof and this Agreement shall be considered as if the invalid, illegal or
unenforceable provision had never been contained in this Agreement.
ARTICLE XVI.
COUNTERPARTS
16.1 This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original and constitute one and the same instrument.
ARTICLE XVII.
SUCCESSORS AND ASSIGNS
17.1 The terms and conditions of this Agreement are binding upon the successors and
assigns of all parties hereto. Provided, however, this Agreement shall not be
assigned by Master Developer Consultant without prior City Council approval,
which approval shall not be unreasonably withheld.
ARTICLE XVIII.
ENTIRE AGREEMENT
18.1 This Agreement embodies the complete agreement of the parties hereto as it
relates to the activities of the Master Developer Consultant in overseeing and
implementing the Downtown Revitalization Action Plan, suspending all oral or
written previous and contemporary agreements between the parties and relating to
matters in this Agreement, and except as otherwise provided herein cannot be
modified without written agreement of the parties to be attached to and made a
part of this Agreement.
MASTER DEVELOPER CONSULTANT AGREEMENT 9
EXECUTED in duplicate this 4th day of December , 2008.
CITY OF LUBBOCK
-�-Ir4w
TOM MARTIN, MAYOR
ATTEST:
D- A -1-4 C� ,
ebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
J
Rob Al ' n, Ass' City?Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
MC DOUGAL LAND COMPANY, L.C.
By: ichael C.' McDougal, ager
Lc: city att/Linda/Downtown Revitalization Consultant Agreement Final
November 24, 2008
MASTER DEVELOPER CONSULTANT AGREEMENT 10
Resolution No. 2008-RO484
Exhibit A
Exhibit B Resolution No. 2008-R0484
Request For Qualifications
and Preliminary Proposals
RFQ # 08-715-BM
Master Developer
for
Redevelopment of Downtown Lubbock
ISSUED BY:
City of Lubbock Public Works Contracting Office
1625 131h Street, Room 204
Lubbock, Texas 79401
April 10, 2008
RFQ # 08-715-BM, Master Developer for Redevelopment of Downtown Lubbock
City of Lubbock
Master Developer for Redevelopment of Downtown Lubbock
Request for Qualifications and Preliminary Proposals
RFQ # 08-715-BM
A. BACKGROUND
The citizens and leaders of Lubbock invested in a new vision for downtown and identified the need
to revitalize Downtown Lubbock and map out a strategy for expanding its presence as the regional
hub of commerce, entertainment, culture, and government. The project focused on the Downtown
Core, defined as the area bounded by 4th Street, 19th Street, Interstate 27, and Avenue Q. The study
considered physical factors, including existing infrastructure and urban form, prior planning efforts,
and community desires. The final product is the Downtown Revitalization Action Plan that identifies
short and long term projects, as well as the funding and support needed to accomplish them. The
Downtown Lubbock Revitalization Action Plan includes four phases: Assessment, Visioning, Action
Plan, and Implementation
B. INTENT
1. The City of Lubbock (the "City") desires to revitalize the downtown core of Lubbock, Texas,
and is seeking statements of qualifications and preliminary proposals from interested companies
and individuals (the "Respondent") to act as Master Developer (the "Master Developer") to
oversee and implement the Downtown Revitalization Action Plan.
2. The City is issuing the RFQ to identify an experienced and qualified developer with the proven
skills, resources, and the commitment to successfully redevelop, market, and manage an urban
redevelopment area.
3. It is anticipated a phased development approach will be used to redevelop the Downtown area.
Consequently, the City is looking to reach an arrangement with a Master Developer who will
assemble a team acceptable to the City, capable of planning, assembling property, designing,
privately financing, and developing the project area into a revitalized mixed -use redevelopment
area. The development team will include the private financial resources and urban development
experience necessary to secure appropriate properties, negotiate with requisite public and private
entities such as the City, utility companies, and state agencies, and design, construct, market, and
manage or sell the real estate improvements necessary to fulfill the Action Plan.
4. The Master Developer will work in tandem with City interests, philanthropic interests, and
private investors to encourage and facilitate the development of facilities that in the Action Plan
are designated as catalytic or support projects. Likewise, the Master Developer will assist in the
development of the private sector catalytic and support projects by working with property
owners and various interest groups.
5. Successful respondent is required to carry and maintain adequate insurance acceptable to the
City and commensurate with the Master Developer's responsibility.
RFQ # 08-715-BM 1 of 9
RFQ # 08-71 S-BM. Master Developer for Redevelopment of Downtown Lubbock
C. RESPONSE FORMAT
1. Responses will provide a straightforward, concise description of the Respondent's capabilities to
satisfy the requirements of the RFQ. Emphasis is on completeness, clarity of content, and
conveyance of the requested information.
2. The response is limited to 40 pages and bound in a single volume. Sheets used for section
dividers or covers will not be counted towards the sheet total.
3. If the response includes any comment over and above the specific information requested in the
RFQ, it is included as a separate appendix to the response.
4. The response is organized into the following response item sections and submitted in an indexed
binder.
a. Cover letter addressed to the Honorable Mayor and City Council stating the Respondent's
understanding of the services to be provided.
b. A preliminary proposal including, but not limited to, a description of the methodology used
to complete the project, the Master Developer's responsibilities and the City's
responsibilities, how recommendations will be formulated, and commitment of adequate and
appropriate resources to the project.
c. Respondent's specific expertise in areas pertinent to the project including a listing and brief
description of similar projects completed (with the dates of completion) or in progress and a
list of references by name, address, and telephone number for each project listed. This list of
projects in progress will include the phase of work that each project is currently in (i.e.
design, bid, construction), and the estimated completion date.
d. List of professionals to be used, if applicable, with a record of pertinent experience. Identify
principal(s) and percentage of time the principal(s) will be involved in the project.
e. The organizational structure of the employees who will be assigned to the project along with
resumes of those individuals. If a joint venture is expected, provide the organizational
structure of the sub -contractor and resumes of those persons who will be involved.
f. Assurance that the respondent will comply with all applicable federal or state statutes and
local ordinances including, but not limited to, the Davis -Bacon Federal minimum wage
requirements.
g. Disclosure of any obligations posing a potential conflict of interest, including service on City
boards and/or commissions and any current contracts with the City of Lubbock.
h. Include references from similar projects.
i. Include any information deemed pertinent that has not been included elsewhere in the
response.
RFQ # 08-715-sM 2 of 9
RFQ # 08-715-13M, Master Developer for Redevelopment of Downtown Lubbock
D. SELECTION AND AWARD PROCESS
The City of Lubbock will use a two-step process for the final selection of a qualified Master
Developer.
Step 1 consists of a written response. Based on an evaluation of the written materials submitted, the
City selects up to five "short-listed" companies. Short-listed companies may be asked to submit
additional information.
Step 2 consists of the selection, from the short-listed companies, a finalist following presentations
and interviews. The City will initiate negotiations with the selected Master Developer. If
negotiations are unsuccessful, the City will formally terminate negotiations and enter into the
process with the next highest ranked short-listed company. The contract is subject to City Council
approval.
Professional services are procured in accordance with Chapter 2254 of the Government Code, Title
10, Subchapter A, Professional Services. Selection of the most highly qualified respondent is made
based on demonstrated competence and qualifications as determined by the City of Lubbock based
on the responses submitted.
NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED
BY THE REQUIREMENTS OF THIS REQUEST FOR QUALIFICATIONS.
E. SUBMISSION PROCESS, DUE DATE, AND REQUIRED DOCUMENTS
One original and five copies of the response, including all required forms and applicable supporting
documentation, are required. Failure to submit the additional copies may result in the response being
declared unresponsive. Please label the original response clearly marked "ORIGINAL" and label the
copies clearly marked "COPY".
Responses must be submitted not later than April 30, 2008 (a-, 1:00 P.M Central Time. The
responses must be bound and sealed when submitted. The response material must be addressed and
delivered to:
City of Lubbock
Bruce MacNair, Public Works Contracting Officer
Public Works Contracting Office, Room 204
1625 13t6 Street,
Lubbock, Texas 79401
Please label the outside of the envelope or container:
RFQ # 08-715-BM RESPONSE — Master Developer for Redevelopment of Downtown Lubbock
Responses received later than the above date and time are rejected and returned unopened.
RFQ # 08-715-BM 3 of 9
RFQ # 08-715-13M, Master Developer for Redevelopment of Downtown Lubbock
F. PAGE FORMAT:
Respondents are encouraged to use their own format within the guidelines described in the RFQ.
Submit one original and five copies in the following format:
■ Maximum page size for graphics: 11 inches by 17 inches.
■ Maximum page size for text: 8.5 inches by 11 inches.
■ Minimum line spacing: 1.5
• Minimum font size: 11 point (except for documents prepared by others; e.g., Professional
Liability Insurance Certificate).
■ Minimum margins: 1 inch on all sides.
G. CLARIFICATIONS AND QUESTIONS
Questions must be directed to Bruce MacNair at httu://www.rfodeuot.com or
bmacnair(a)mylubbock.us. Questions relating to definitions or interpretations of the RFQ must
be submitted in writing on or before Aorii23, 2008(& 5:00 P.M. Central Time.
H. RIGHT OF CITY TO CANCEL REQUEST FOR QUALIFICATIONS, TO ELECT NOT TO
AWARD, TO REJECT RESPONSES, AND TO WAIVE INFORMALITIES OR
IRREGULARITIES
The City expressly reserves the right to cancel the RFQ at any time, to elect not to award any or all
of the contracts cited in the RFQ, to reject any or all responses, to waive any informality or
irregularity in any response received, and to be the sole judge of the merits of the respective
responses received.
I. EQUAL OPPORTUNITY IN CITY BUSINESS CONTRACTING
Race, religion, sex, color, ethnicity, and national origin are not be used as criteria in the City's
business contracting practices. Every effort is made to ensure that all persons regardless of race,
religion, sex, color, ethnicity and national origin have equal access to contracts and other business
opportunities with the City.
J. INQUIRIES AND INTERPRETATIONS
Responses to inquiries that directly affect an interpretation or change to the RFQ are issued in
writing by the Public Works Contracting Officer as an addendum and posted at
http://www.rfodeaot.com or faxed or e-mailed to all parties recorded by the City as having notified
the City Public Works Contracting Office of their interest in the RFQ. All such addenda issued by
the Public Works Contracting Officer before the time that responses are received are considered part
of the RFQ.
RFQ # 08-715-BM 4 of 9
RFQ # 08-715-BM, Master Developer for Redevelopment of Downtown Lubbock
Only those inquiries the Public Works Contracting Officer replies to by addenda are binding. Oral
and other interpretations or clarifications are without legal effect.
The City of Lubbock is aware of the time and effort you expend in preparing and submitting your response
to the City. Please let us know of any requirement causing you difficulty in responding to our Request for
Qualifications. We want to facilitate your participation so that all responsible companies can compete for
the City's business. Awards should be made approximately four to six weeks after the opening date. If you
have any questions, please contact the City of Lubbock Public Works Contracting Officer at (806) 775-
2163.
K. SELECTION CRITERIA
Responses must address each of the following categories. Each category represents an
evaluation factor used to select the successful respondent.
1. UNDERSTANDING OF PROJECT AND PROJECT APPROACH (40%)
♦ Describe company's understanding of the services to be provided.
♦ Discuss the methodology and approach to be used to complete the project.
♦ Indicate the responsibilities of the Master Developer and the City.
♦ Describe commitment of resources.
2. PAST PROJECT EXPERIENCE (30%)
♦ Discuss company's specific expertise and experience on similar projects.
♦ Include a brief description of each relevant project that includes: (1) project scope, (2) fee,
(3) location, (4) client liaison name and phone number, (5) proposed and actual start and
completion dates, and (6) other pertinent information.
3. PROJECT TEAM ORGANIZATION AND QUALIFICATIONS (20%)
♦ Communication and logical structure of the team organization.
Include an organizational chart of the project team (1 page).
Provide a summary list (1 page) of the proposed team members. Indicate each team
member's name, title, license (if applicable), and years of experience necessary for the
engagement.
♦ Qualifications and previous related work of key project personnel, particularly with regard to
working with municipalities of similar size, government structure, complexity and issues.
RFQ # 08-715-BM 5 of 9
RFQ # 08-715-13M, Master Developer for Redevelopment of Downtown Lubbock
♦ Describe the qualifications of each team member as it relates to the project.
♦ Include descriptions of relevant previous projects that key project staff has played a central
role in developing.
4. RECORD OF PERFORMANCE BASED ON CLIENT REFERENCES (10%)
♦ Include list of references from clients for similar projects.
PLEASE DO NOT INCLUDE COSTS OR STATEMENT OF FEES FOR ARCHITECTURAL
OR ENGINEERING SERVICES, EITHER HOURLY OR FIXED COST, WITH THE
RESPONSE.
NOTE: This RFQ is available in Microsoft Word format at htty://www.rfydeyot.com.
RFQ # 08-715-BM 6 of 9
RFQ # 08-715-13M, Master Developer for Redevelopment of Downtown Lubbock
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from
contracting with or making sub -awards under covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions
(e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your company, you must certify that your
organization and its principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the company named below, certify that neither the company nor its
principals are suspended or debarred by a Federal agency.
COMPANY NAME:
Signature of Company Official:
Company's Federal Tax ID Number:
Date Signed:
Printed name of company official signing above:
RFQ # 08-715-13M 7 of 9
CITY OF LUBBOCK
Request for Qualifications and Preliminary Proposals
Master Developer for Redevelopment of Downtown Lubbock
PRIVACY NOTIFICATION
The purpose for requesting the information is for use in the selection process for professionals commissioned by
the City of Lubbock. If you consider any portion of your response to be privileged or confidential by statute or
judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.
Responses are opened in a manner that avoids disclosure of the contents to competing offerors and keeps the
responses secret during negotiations. All responses are open for public inspection after the contract is awarded,
but trade secrets and confidential information in the responses are not open for inspection.
The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release
such information initially, but please note that the final determination of whether a particular portion of your
response is in fact a trade secret or commercial, or financial information that may be withheld from public
inspection, is made by the Texas Attorney General or a court of competent jurisdiction. In the event a public
information request is received for a portion of your response that you have marked as being confidential
information, you will be notified of such request and you will be required to justify your legal position in writing
to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is
determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such
information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section
252.049 of the Local Government Code, then such information is made available to the requester.
Marking your entire response CONFIDENTIA ,/PROPRIETARY is not in conformance with the Texas Open
Records Act.
RFQ # 08-715-BM, Addendum # I
City of Lubbock
PUBLIC WORKS CONTRACTING OFFICE
ROOM 204, MUNICIPAL BUILDING
1625 13TH STREET
LUBBOCK TEXAS 79401
PH: (806)775-2163 FAX: (806)775-2164
http://purchasing.ei.lubbock.tx.us
DATE ISSUED:
OLD CLOSE DATE:
ADDENDUM # I
RFQ-08-715-BM
Master Developer for
Redevelopment of Downtown Lubbock
April 30, 2008
April 30, 2008 @ 1:00 P.M.
NEW CLOSE DATE: May 14, 2008 @ 1:00 P.M.
The following items take precedence over specifications for the above named Request for
Qualifications (RFQ). Where any item called for in the RFQ documents is supplemented here,
the original requirements, not affected by this addendum, shall remain in effect.
1. Response due date and time are CHANGED from April 30, 2008 @ 1:00 P.M. to May 14,
2008 at 1:00 P.M.
All requests for additional information or clarification must be submitted in writing and directed
to:
Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock,
Texas 79457
Questions may be faxed to 806-775-2164 or Email to bmacnair(a mylubbock.us .
THANK YOU,
CITY OF LUBBOCK
V"" �%%Li�6i m-
Bruce MacNair
Public Works Contracting Officer
It is the intent and purpose of the City of Lubbock that this request permits competition. It shall be incumbent upon
the Respondent to advise the City of Lubbock Public Works Contracting Officer if any language, requirements, etc.,
or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFO. Such notification
must be submitted in writing and must be received by the Public Works Contracting Officer no later than five (5)
business days prior to the response date. A review of such notifications will be made.
RFQ # 08-715-BM-AdI
The McDougalCoinpan
/c�/�o�r�i�rl
C 0 M P A N I E S
()8.- 7 1.--) B'\ I
Master t)c\-cl()I)cr
for
RCdCVCl()j)IllCllt Of DOWIVOW11 I.Albbock
In conj'LlIlCtl(.)tl with:
F-furnphrcys Partners & Architects, L.P.
G,,arficld 'FraLib Dcvelopment
Parkhtll Sn-ilth. & ("()()per fnc.
April 29, 2008
Honorable Mayor and City Council
City of Lubbock
1625 13'' Street
Lubbock, Texas 79401
Honorable Mayor and City Council:
I am delighted the City is moving the downtown redevelopment project forward. I can think of
no project more important to Lubbock's future and would consider it an honor to help make it
happen.
To assist me in this project, I have assembled a world -class team of players experienced in every
phase of redevelopment in cities across the globe. Each member of the team is also actively
involved in design or construction of projects currently underway in Lubbock.
Under my direction, the team is prepared to work closely with City staff to follow the goals
identified in the Downtown Revitalization Action Plan approved by the City Council. We will
identify clear action plans to move the project forward and to attract private investors to
downtown Lubbock.
We look forward to a personal presentation, where we will illustrate how our team will
successfully restore economic vibrancy to downtown Lubbock.
spectfull
Delbert G. McDougal
Chief Executive Officer
7008 Salem Avenue • Lubbock, Texas 79424 • (806) 797-3162
FAX (806) 797-5731 - www.mcdougal.com • mcdougal@mcdougal.com
r
TABLE OF CONTENTS
Section Tab
Project Approach & Methodology 1
Organizational Structure 2
Team profiles, experience, resumes, & references
The McDougal Companies 3
Humphreys & Partners 4
Garfield Traub 5
Parkhill, Smith & Cooper 6
Legal 7
F
PROJECT APPROACH &METHODOLOGY
1}
The cornerstone of a large public redevelopment project is open
communication. There may be dozens of property owners in the project
area, but a city's downtown is of vital interest to all citizens and businesses.
During the Downtown Lubbock redevelopment project, we will ensure that
all possible ideas are considered and all reasonable alternatives are explored.
Successful projects are those that emerge from decisions that are built
around all stakeholders and Development Team members.
Our goal will be to appropriately restore important historic structures, and to
develop new buildings that will compliment existing structures. We want
the finished product to possess propriety, timelessness, and beauty.
1 Budget control and management methodology will meet goals set out at the
beginning of the project. Key decisions will involve all the stakeholders,
and will then be constantly communicated to residents and businesses.
It will be the City's responsibility to see that its infrastructure and utilities
are relocated and/or upgraded in such a manner to promote private
investment. The City and Developer will work with private utilities
accordingly, and will address zoning, streets, and other land use issues as the
project moves forward.
The Developer will make recommendations to the City, as required to enact
the approved Downtown Revitalization Action Plan. The Developer will
r
provide a survey of existing structures, with recommendations as to which
structures can be used, and which should be demolished.
The Team will attract other developers to bring speed and synergy to the
project, along the lines of what occurred in the neighboring Overton Park
project.
The phases of the project will include:
• Initial planning and timeline
• Mapping & inventory of target areas
• Zoning proposals
• Design guidelines
• Property acquisition
• Catalytic project targets
• Sales & new construction
Throughout the project, McDougal will keep the City Council, City staff,
and Lubbock community fully aware of plans and timelines.
omtcm Park :Naskr PIM
Texas Tech
Univm. iq
... Nw
o-.. . ...
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F
ORGANIZATIONAL STRUCTURE
The Master Developer will be the central point of contact with the City, and
will direct the activities of the Project Team. Each member of the team was
selected for experience in Lubbock and knowledge of redevelopment.
Humphreys and Partners has worldwide experience in planning and design
services, with a particular strength in urban centers and housing. Mark
Humphreys is a graduate of the Texas Tech University School of
Architecture and a major supporter of the program.
Humphreys was the architect of The Centre at Overton Park, a $30 million
mixed -use property that features 277 upscale apartment homes with street
level retail space. They are also the architect of The Suites at Overton
Park, a $40 million project under construction with 298 apartment homes.
FGarfield Traub is a leading national developer of public and public/private
facilities. They also have an impeccable resume of experience of
[:a
collaboration with every level of public organizations.
Garfield Traub is the developer of The Hotel at Overton Park, a 304 room
full -service luxury hotel in Overton Park. The $70M project will feature an
�' adjoining 5 0,0 00- square- foot conference center.
f
�= Parkhill, Smith & Cooper is well known to the City and respected
(" throughout the southwest. They have extensive knowledge of Lubbock
l.a
infrastructure, and City government. PSC will be utilized for many phases
of the project, including civil engineering, utility infia.structure analysis,
landscaping and streetscape guidelines, GIS mapping, and historic
restoration.
F
1
OMPANIES
'�Xe McDougal Companies started in 1982 in Lubbock, Texas. Today, a diverse strength characterizes
the company and stems from the leadership and direction of Delbert McDougal, who founded the
company. The entire McDougal family is instrumental in the day-to-day operations of the company.
Over the past 20 years, the company has grown into three separate divisions including McDougal
Properties, McDougal REALTORS@ and McDougal Construction. The integration of these businesses
- multifamily housing, real estate and construction - adds a level of flexibility, which is unmatched in
the West Texas region.
!&.cDoug_al Properties
McDougal Properties has grown from one apartment complex to a diversified property management
company owning and operating more than 4,700 units. Rental properties comprise the largest portion
of the company's business. McDougal's multifamily housing division employs a management team
that oversees more than 3 million square feet of rental housing in Lubbock and 11 other Texas cities.
ftDougal REALTORS@
The real estate division began operations in 1988. With more than 30 top -producing agents, McDougal
Realtors is a leader in residential and commercial real estate sales.
ftDougal Property Management
McDougal Property Management has offices in Lubbock and San Antonio, Texas. From the San Anto-
nio office we manage properties throughout the state of Texas consisting of HUD, Conventional,
LIHTC and Bond Financed Assets.
!kQougal Construction
The construction division was organized in 1985. This division is responsible for building and reno-
vating all of the company's multifamily housing properties as well as company -owned commercial
properties. This division also serves other commercial clients such as Wayland Baptist University.
7e employees of the McDougal family of companies are committed to meeting the housing needs of
each and every one of their clients. They stand steadfast in providing the very best in service and
product. This exceptional group of people takes great pride in doing more than is expected to achieve
excellence. They embody the McDougal spirit of honesty and professionalism.
F
F
F
The McDougal Companies
As a Lubbock -based developer, The McDougal Companies is uniquely
positioned to lead the Downtown Lubbock Redevelopment Project.
McDougal has extensive knowledge of Lubbock, small and large property
owners, and active work experience with City staff.
The McDougal Companies have developed or built more than $400 million
in commercial and residential property.
REDEVELOPMENT EXPERIENCE
Overton Park, Lubbock, Texas
Adjacent to downtown Lubbock, the McDougal redevelopment project has
been called the largest privately funded redevelopment project in America.
More than 75% of available retail and commercial properties have been sold,
and the first phase of single family homes are under construction.
When the project began, the crime -ridden area was valued on the tax roll at
$26 million. With the projects currently under construction or completed,
the value already exceeds $200 million, nearly ten times where it was just
seven years ago. When complete, the value is expected to top $500 million.
City of Irving Downtown Redevelopment project, Irving, Texas
The McDougal Companies is the lead developer for the City of Irving's
Downtown Redevelopment Project. McDougal has a $35 million line of
I
Fcredit to buy selected properties in the historic downtown area. McDougal
will redevelop key areas within the six hundred (600) acre project, which
includes downtown around the Trinity Railway Express Station.
Plans call for an infusion of single-family homes, apartments,
condominiums, town homes and senior housing, as well as restaurants and
retail shops.
LUBBOCK RESIDENTIAL DEVELOPMENTS
North Pointe is part of the North Loop Development Plan. McDougal is
currently developing more than 1,500 acres primarily for residential homes.
Lubbock Independent School District's newest school, Centennial
Elementary, opened in this development in August 2008 on land donated by
McDougal.
Willow Bend is a residential development near Reese Technology Center in
West Lubbock. Frenship Independent School District opened Willow Bend
' Elementary School in August 2007 on land donated by McDougal.
McDOUGAL COMPANIES RESOURCES
REALTORS
McDougal Realtors, Inc. is a full service realty company that will
aggressively market available properties in downtown Lubbock. The
company has listed or sold more than $1.5 billion in real estate.
r
PROPERTY MANAGEMENT
McDougal Properties is currently restoring the historic Pioneer Hotel in
downtown Lubbock into condominiums, office space, and retail. Expected
completion date of the $15M project is 2010.
McDougal has an ownership stake in two major Lubbock downtown
properties, Wells Fargo Center, and Court Place Office Tower. The
company manages these and many other properties in Lubbock.
The Property division currently owns or manages more than five thousand
apartments in twelve Texas cities.
STAFF SUPPORT
The McDougal Companies have an in-house staff of more than 250
professionals to support all needs of the project.
COMMUNICATIONS & RESEARCH
IMcDougal has a strategic partnership with High Plains Research, which will
handle the communications of every phase of the project to the public. HPR
will also coordinate media, oversee design and production of marketing
materials, and develop a web site to keep the public constantly updated.
r
Delbert McDougal
7008 Salem Ave.
Lubbock, TX 79424
806.797.3162
1957 — 1982 General Electric Company
1982 — Present CEO, McDougal Companies
Professional Service
1975 to Present Texas Apartment Association
1986 to 1993
Executive Committee
1993 to 1994
President
1975 to Present
Lubbock Apartment Association
1978 to 1986
Board of Directors
1982 & 1986
President
1982 to 1990
West Texas Home Builders Association
Board of Directors
1989
President
Community Involvement
1997 to 2006
President — Lubbock Reese Redevelopment Authority
2002
Vice Chairman of Board — Wayland Baptist University
2003
Chairman — Wayland Baptist University
1996 to 2003
Board of Directors — Wayland Baptist University
2005 to present
Board of Directors — Wayland Baptist University
1997 to 2006
Board of Directors — University Medical Center
2004
Chairman — University Medical Center
1999 to 2004
Board of Directors — Market Lubbock, Inc.
1997 to 2004
Texas Tech School of Business Chief Executive Roundtable
1996 to 2007
Trustee— Oakwood Baptist Church
1999
Lubbock Chamber of Commerce Board of Directors
3 McDougal Companies References
Overton Park Project
Lubbock, TX
Steve Shafer
Shafer Properties
3001 Knox St., Ste 207
Dallas, TX 75205
214.361.7778
Tom Hudson
The Tom Hudson Co.
314 Main St., Ste 201
Ft. Worth, TX 76102
817.332.1111
Irving Downtown Redevelopment
Irving, TX
The Honorable Mayor Herbert A. Gears
City Manager Tommy Gonzalez
The City of Irving
825 W. Irving Blvd.
Irving, TX, 75060
(972) 721-2600
it
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Firm Profile
Humphreys & Partners Architects has been providing high quality,
innovative planning and design services since 1991.
An award- winning firm specializing in multifamily and
"`Creating quality hospitality design, HPA has extensive experience in
homes for people moderate, luxury and affordable apartments, mid -
by way of rise/high-rise, student, senior, military and hotel
innovation .... , .
projects. Mark Humphreys, AIA,CEO of Humphreys &
Mark Humphreys, Partners Architects, L.P, established Humphreys &
CEO Partners Architects to practice architectural design
and planning nationally. The primary philosophy is to
k provide quality architecture through a natural
_^ progression of working client relationships.
Headquartered in Dallas, with regional offices in Charlotte, Irvine,
Las Vegas, New Orleans, Norfolk, Orlando, Phoenix and Chennai, India.
HPA is comprised of more than 145 individuals with artistic talent,
diverse experience and classical training in Design, Urban Planning, and
Architecture., It is our belief that each project must be functional as
well as attractive and must fit naturally with its surroundings.
Humphreys & Partners Architects has
been
"..architecture
recognized by numerous organizations for
design
through a natural
excellence throughout the
g years. Our
honors
progression of a
working client
include Best in American Living, Pillars
of the
relationship."
Industry, Builder's Choice, Aurora, Gold Nugget
and Platinum People's Choice awards, as well as
HPA Philosophy
numerous local and regional awards. we
look
., 4
forward to bringing this experience to
your
"company.
HUMPHREYS & PARTNERS ARCHITECTS, LP
DALLAS CHARLOTTE IRVINE LAS VEGAS NEW ORLEANS NORFOLK ORLANDO PHOENIX CHENNALINDIA
1
I
0
I
Downtown Redevelopments
• Overton Park - Lubbock, TX - Humphreys & Partners Architects master -planned
and wrote the Design Guidelines for the redevelopment of the Overton District in
Lubbock, TX. This 325 acre redevelopment is the largest privately funded urban
redevelopment project in U.S. history. Acquired properties were cleared to
make way for a newly built neighborhood consisting of multifamily housing, single
family homes, restaurants, specialty retail shops, and other businesses. The
project was a major undertaking to revitalize the downtown area and to further
contribute to the growth and development of Texas Tech University.
• Old* Town - Irving, TX - Humphreys & Partners Architects is master -planning and
writing the Design Guidelines for the redevelopment of downtown Irving, TX. The
initial development area will include eight to 10 city blocks, and will include a
mixed -use urban village complete with retail, residential, restaurants, offices, and
parks, centered on the Trinity Railway Express. This TND plan will be served by a
network of paths, streets, and lanes suitable for pedestrians as well as vehicles.
Existing banks, churches and a senior center will be retained in the new master
plan.
HUMPHREYS & PARTNERS ARCHITECTS, L.P
DALLAS CHARLOTTE IRVINE LAS VEGAS NEW ORLEANS NORFOLK ORLANDO PHOENIX CHENNALINDIA
f
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Mark Humphreys, AIA, NCARB
CEO
Protect a -yen nce,
Grant Park - Minneapolis, MN - 338 units, 27-story luxury for sale
condominiums, 600-2000 sq. ft.
Thoe Cadyle - Minneapolis, MN - 39 stories, units from 829 to 1442 sq. ft., net.
Efficiency at 85%. Parking below and above grade. Plate sae 11806 sq. ft.
GuRport Towers - Gulfport, MS - Two 14-story towers with 208 total units, 2-
story structured parking. 25 buildings of "The Big House'® with 150 total units, 6
units per building- 100% garages.
The Penfield - St. Paul, MN - 33 stories, 314 units. 18 townhome units wrapped
around 4 level parking garage and inside the old Public Safety Building. 6
Townhome/flats, roof garden. 143 units per acre.
Gateway - Salt Lake City, UT - 12-story Condo tower and two 7 story apartment
buildings for the 2002 Olympics, $60 million (hard costs), includes affordable,
luxury, and "for sale' units over retail and below -grade parking.
Overton Park- Lubbock, TX- Master Planning includes single family, town homes,
4-story, mixed -use and retail of 325 acres.
Legacy at Concord -Concord, CA- 256 units4 story with structured parking.
Gaslight Commons - South Orange, NJ - 3-story w/1 level of parking, on grade;
200 units; 42 units per acre.
1001 Ross - Dallas, TX - 3-story w/mezzanine over 1 level of retail/restaurants.
204 rental units with some lofts. Parking at grade and 1 level underground. 113
units per acre, wood frame. Amenities: business center, pool, spa and outdoor
grilling area.
The Boardwalk at Town Center - The Woodlands, TX - 4-story wood frame, 345
units, 2 and 4 story parking structures, 60 units per acre, stoops, walking paths
and park benches, business center and fitness center.
Jefferson at Star Ranch - Tucson, AZ - Student Housing, 336 units, 16 units per
acre. Approximately $22 million in construction cost.
The Welborn- Dallas, TX -165 total rental units; 80 units/acre.
Deer Creek at Preston Meadow - Plano, Texas - 1 & 2 story single-family master
planned community. This award winning design features 160 iota with homes
ranging from 1,350-2,100 sq. ft. This exclusive community, started construction in
1994 and finished in 1997, priced starting at $120,000.00.
The Hamptons at Tampa Palms - Tampa, FL - 14 units per acre. Winner 1997
Pillars "Best Garden Apartment'; 1997 Gold BALA "Best Rental Development";
1997 Aurora "Best Community Apartment"; 1998 Builders' Choice 'Grand Award'.
Approximately $17 million construction cost.
Stone Manor - Frisco, TX - 234 units, 18 units per acre, Award of Merit: 1999
Gold Nugget "Best Multifamily Project -1-3 Stories". Approximately $11 million in
construction cost.
Sheraton World Resort - Orlando, FL - 308 room new tower, 550 room
renovation, $18 million, and completion May 2000.
Ft. Meade Master -Planning and Product Design - Family housing privatization
project. (Construction began summer 2002. Project cost in excess of $372
million.
Ft. Bragg Master -Planning and Product Design - Family housing privatization
project. (Project is in the CDMP phase at this time). Project cost in excess of
$392 million.
HUMPHREYS & PARTNER$ APCNITECTS, L.P
fOALLAS CMARaM WW L" VIG" RM OkENd MOVOIM MAMOO MIMMM CMCM IWIA
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Greg Faulkner, AIA, NCARB
Y"Is with Firm:
17 Years
UMVWS4 of Tex" at Ail *AWdfelor of
Architecxurell9W
fti
Arizona - No. 24196
Arkarit N0.3394
California NO. C28M
1:010r - Noc
F brWo - No. AR00IM79
Gem& - No. 0,101It
Hmal - No. AR-10844
idaflti - N4 AN4*4103
IMnois - No. 001.01749a
Kansas - No. 4397°
Louisiana - No. 5369
Midligm - No. 46$2S
Wmesote - No. 40199
Mjssisaipjyl -lib. 3242
Mism - No. 2000147839
t�KiiQr � 72'S3M"
Twmessbe - No 00020114
Texas- No:10894
Utah - No. 380770
Wes- NO.8181
President
Prolect Experience:
Grant Park - Minneapolis MN - 338 units, 27-story luxury for sale condominiums, 600-2000
sq. ft. Won "Best New MultifamW 2004 in Minneapolis, MN. $75 MHlion
Legacy Condominiums - GutpoA, MS - Two 14-story towers with 208 total units, 2
Bedroom/2 Bath: 1250-1350 sq. ft. 3 Bedroom/2 Bath: 1650-1750 sq. ft. 13 Villas with 52
total units, 2-story stnxtured parldng- LOT IF 25 buildings of "The Big House"V with 150
total units, 6 units per building- 100% garages.
The GabwaylThe Pam Condo Tower - Sat Lake City, LIT-12 Story Tower, 150 units -
condominiums, 1,2, 8 3 Bedroom flats, lofts 3 Townhomes, 700-2,250 sq ft., 122 units/acre,
estimated Construction Cost t90.25fsq ft plus parking.
The Carlyle - Minneapolis, MN - 39 stories, units from 829 to 1442 sq. ft., net. Efficiency at
85%. Parking below and above grade. Plate size 11806 sq. ft.
Vegas SU - Las Vegas, NV - 51 story high-rise condominium; 542 high end units.
Amenities, swimming pool, cabanas, sports bar, tennis courts, two restaurants, grocery store,
two4evei fitness center with spa, security system, technology integration package.
The Horizon - Memphis, TN - two 16 story towers of 298 condominium units ranging from
1200 to 1900 sq. ft. 54 flats (4 story) ranging from 830 to 1300 sq. ft. wrapped around 5
levels of parking.
Sheraton Word Resort - Orlando, FL - 308 room new tower, 550 room renovation, $18
million, and completion May 2000.
Overton Parr - Lubbock, TX- Master Planning Includes condo, town homes, 4-story, mixed -
use and retak of 325 acres. Project is currently under construction,
Grand View Towers - Las Vegas NV - 4 towers, GrandView Towers. 1400 units
Durango Vitage - Las Vegas, NV. - 65 Akre mix -used project with town homes, 4-story
condos, retail, fitness canter and office. Total of 1050 units.
Stone Lake VINage - Henderson, NV - 40 acre master planned development. 1,435
residential units Including 2/3 story townhomes, lofts, 4-story condominiums (entry level to
luxury). Underground, above -ground and surface parking. 30,0W sq. ft. of retail.
The Manhattan - Las Vegas, NV - 4 story condo with 600 units for sale. 900-1800 sq. ft.
units with 4 story podium building. Project is currently under construction. $100 Million
Legacy at Concord -Concord, CA- 256 units story with structured parking.
The Row at Ghent Aparbrants - Norfolk, VA - 268 rental units. 4-story with 5-story
structured garage. 1,2,3 bdrm units. 931 sq.ft. average. 81 units per acre.
The Row at Ghent Condominiums - Norfolk, VA - 84 units. 4-story building, 4-story
parking structure. 1 & 2 bdnm, 823 to 1285 sq.ft, 58 units per acre.
Gaslight Commons - South Orange, NJ - 3-story w/1 level of parking, on grade; 200 units;
1,283 Bedrooms; 686-1272 sq. ft; 42 units per acre.
Jet'ferson at Star Ranch Student Housing - Tucson, AZ - 336 units, 16 units per acre, 519-
1212 sq. ft. Approximately $22 million in construction cost.
The Hampton at Tampa Palms - Tampa, FL - 14 units per acre. Winner 1997 Pillars
"Best Garden Apartment"; 1997 Golf BALA "Best Rental Development"; 1997 Aurora "Best
Community Apartment"; 1998 Builders' Choice "Grand Award". Approximately $17 million
construction cost
Stone Manor - Frisco, TX - 234 units, 18 units per acre, Award of Merit: 1999 Gold Nugget
'Best Multifamily Project - 1-3 Stories'. Approximately $11 mi1N•on in construction cost.
McKinney Avenue Apartmerrb - Dallas, TX - 8 story apartment complex with pool and
courtyard including 7 levels of parking with an average units size of 925 sq. ft.
Delano - Irving, TX - 4 story wood framed structure with structured parking and a total of 258
units. Units have an average sae of 1044 sq ft with 1 and 2 bedrooms
The Venue - Richardson, TX - 4 story structure with basement and 5 levels of parking. One
and 2 bedroom units for a total of 282 units at an average of 983 sq. ft. per unit
Taxes A 3 M Student Housing - College Station, TX - 2 phases on approximately 43.6
anroa udrh a frdal nf'AQA tmifa rmmnnaM of) aM Z afnwv uwvvl frama onartmanfa
HUIMPHREYS & PARTNERS ARCHITECTS; L.P.
DALLAS CHAIR.OM 14"ki US VF"S HFM 00HANS WWON OIIAMW FHOQMR CKWM RMA
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References
Delbert McDougal
McDougal Companies
7008 Salem Ave., Suite 200
Lubbock, TX 79424
806-797-3162 phone
806-797-5731 fax
del bert a mcdougal.com
Brian Dinerstein
The Dinerstein Companies
3411 Richmond Ave., Suite 200
Houston, TX 77046
832-209-1200 phone
832-209-1201 fax
brian.dinerstein a dmcdevelopers.com
Richard Brownjohn
Legacy Partners Residential
13155 Noel Rd., Suite 825
Dallas, TX 75240-3814
972-728-7200 phone
rbrownjohn alegacypartners.ccm
Bob Lux
Alatus LLC
80 South Eighth Street
IDS Center, Suite 900
Minneapolis, MN 55402
612-991-0381 phone
rclux@gwest.net
Overton Park Redevelopment - Lubbock, TX
Olde Town Irving Redevelopment - Irving, TX
Multiple Hi Density Projects &
Student Housing nationally
Multiple 4-Story Projects
Nationally (TX & CA)
28-story & 39-story High Rise Condos
Minneapolis, MN. 4 new High Rise projects
HUMPHREYS & PARTNERS ARCHITECTS, L P
DALLAS CHARLOTTE IRVINE LAS VEGAS NEW ORLEANS NORFOLK ORLANDO PHOENIX CHENNAI, INDIA
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GARFIELD TRAUB
DEVELOPMENT
Firm Profile
Garfield Traub Development
Garfield Traub Development is a leading national
developer of public and public/private facilities, using
innovative and cost—effective financing methods tailored
to its clients' financial, legal and political objectives and
constraints. Our firm provides a "turnkey" package of
development services for the delivery of essential facilities
to our clients, including site identification, acquisition and
entitlement, negotiation of documents and agreements,
structuring and implementation of the financing,
investment, active participation in and oversight of design
and construction, furniture, fixtures and equipment, pre -
opening planning and oversight and post -opening asset
management. Our leadership also extends to directing
ancillary efforts of and collaborating with attorneys and
third party consultants as required by each assignment.
Experience
All developments, regardless of magnitude, require leadership and vision that only experience
provides. For more than three decades, the principals and officers of Garfield Traub have financed
more than $9 billion in debt and equity and developed more than 27 million square feet of all property
types, nationally and abroad. Garfield Traub has more than $2 billion of public/private developments
recently completed, under construction or awarded and in the pre -construction planning phase. Every
development for which Garfield Traub has had responsibility from concept to completion has been
completed on or ahead of schedule and within or substantially under budget.
Clients
The hallmark of our developments is the collaborative process that we bring to every public sector
project. Our clients have included cities, counties and states, public school districts, economic
development agencies, colleges and universities, hospitals and research institutions among others,
including the following:
The City of Albuquerque, NM
The City of Atlanta, GA
The City of Bay City, MI
The City of Durham, NC
The City of Hackensack, NJ
The City of Lubbock, TX
The City of Overland Park, KS
The City of Plano, TX
The City of Portland, OR
The City of San Francisco, CA
The City of Tucson, AZ
Dallas County, TX
Lucas County (Toledo), OH
Washoe County (Reno), NV
The State of New York
The Commonwealth of Puerto Rico
The Los Angeles Unified School District
(LAUSD)
Community College of Southern Nevada
The University of Akron
Franklin County Convention Facilities Authority
The Department of Defense
The General Services Administration
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Commitment
We take very seriously our fiduciary responsibility to our clients. Every project is undertaken
with an open -book "turnkey" delivery format that minimizes contractual and financial exposure
and administrative burden for the client and provides the client, other project stakeholders,
lenders and investors the assurance of a quality product. Our team guarantees delivery of
properties designed and constructed to meet the client's transactional, programmatic and design
needs, ensuring facilities that `work".
Representative Projects
The active or completed projects below illustrate our diverse clientele and experience:
• Development of a privately -owned $204 million, 830,000 SF mixed -use convention center
headquarters hotel and conference center with structured parking, spa, including 157, 000 SF
of casino, retail, multi -screen cinema, and entertainment in San Juan, Puerto Rico
• Development of a $125 million, 12, 000-seat arena for the City of Tucson, AZ
■ Pre -development planning services for a 10, 000-seat arena for the Lucas County (Toledo), OH
■ Strategic plan for the financing and development of the new University of Akron 25, 000-seat
football stadium and mixed -use urban village planned to include a student housing complex
and 25, 000 square feet of retail
• Development of a $44 million, 2, 800-seat performing arts theater for the City of Durham, NC
• Development of the new full -service, first class 600-room Westin at the Oregon Convention
Center for the City of Pord=4 OR
• Development and asset management of a $92 million 412-room, full -service, first class
convention center hotel on behalf of the premier City of Overland Park KS
• Development of the new $66 million 304-room, full -service, first class Overton Hotel and
Conference Center, a public/private partnership with the City of Lubbock TX
■ Development of a $34 million 150-key full -service, first class hotel and conference center on
behalf of the historic community of Bay City, MI
• Master development of the new 1.8 million square foot Community College of Southern
Nevada Northwest Campus, an $800 million mixed -use campus with public, public/private
and private uses, including classroom, lab, office, student support services, lifestyle retail,
private industry, faculty housing, hotel and a performing arts center.
• Development of a $62 million municipal courtfor the City of Atlanta, GA
• Development of a $21 million headquarters facility for the State of New York Department of
Transportation in Schenectady, NY
• Development of a $17 million Public Safety Training Complex for Washoe County (Reno), NV
• Development of seven primary schools and a park and recreation center for the Los Angeles
Unified School District (LAUSD) totaling $68 million
Strategic plan for the financing and development for a new $140 million municipal complex for
the City of Hackensack, NJ
I^ LEED®AND SUSTAINABLE DESIGN EXPERIENCE
Introductory Statement — Our team's commitment to quality has always demanded of us an
attention and sensitivity to environmental quality and responsibility, resulting in projects that are
energy and resource efficient and that support the communities that surround and occupy them. Our
approach to green architecture, interiors, and urban design begins at the outset of a project, blending
environmental, cultural and economic goals in order to create enriching spaces. We commit ourselves
to leadership in the achievement of our clients' objectives for excellence, which includes their goals
for environmental responsibility.
1 . Our design -build contractor for this assignment is Swinerton Builders, recently recognized as one of
the top three LEEDO builders in the nation by Engineering News -Record. Our team's architect is
LPA, Inc., which has designed more LEEDS rated projects in California than any other firm.
Our LEEDS program for this assignment will be overseen, as part of his overall design oversight
responsibilities, by Steve Swisher, AIA, a Principal with Swisher Garfield Traub, a Nevada affiliate
of Garfield Traub. As shown below, Mr. Swisher, a registered architect, has an impressive record of
designing precedent -setting LEEDS rated projects and incorporating the ethics of sustainable
design into all developments.
Representative Experience — Garfield Traub and its affiliated companies and principals have been at
the forefront of integrating sustainable design principles into their developments. This is
demonstrated by two of our most recent developments, the Durham Performing Arts Center, which
has been designed to meet the requirements for the U.S. Green Building Council's (USGBC) LEEDS
' Gold rating, and the Westin at the Oregon Convention Center, which will be designed to the
standard of and submitted for USGBC LEEDS Silver certification. Just a few additional examples of
our company's commitment to sustainable design include:
• The New York DOT Region 1 Headquarters, which achieved a Silver rating
under the guidelines of the USGBC's LEEDS building program and is consistent
with Governor Pataki's Executive Order 111 mandating that buildings be
constructed to address energy usage and environmental issues.
• The City Court of Adanta, Georgia, which incorporated numerous sustainable
design features, including trash recycling program, high -efficiency cooling systems,
high R-value exterior wall and roof systems and a circulation system allowing for a
higher than average percentage of fresh outside air to be circulated throughout the
building.
■ The Silver LEEDS rated Clark County School District Northwest Career and
C Technical Center, designed by Steve Swisher while a principal with Swisher Hall
Architects. The school was designed to use 30•/0 less power than other schools of
this size. This project was the fast Silver LEER® Certified high school within the
state of Nevada.
■ Steve Swisher also served as the State of Nevada's first bridging design -build
architect. The LEEDS rated $19 million Morse Arberry Telecommunications
Building at the Community College of Southern Nevada responds to the orderly
growth of the Cheyenne Campus, based on the revised Master Plan. All building
systems & materials were chosen based on a common sense approach to Green
Architecture & Energy Efficiency.
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■ The Boulder City High School Gymnasium, Science and Technology Center in
Boulder City, Nevada was a $42 million dollar five -phase replace -in -place master
plan for Boulder City High School designed to provide a new athletic facility, labs
Cand classrooms, as well as a new technology center and library. Environmentally
responsive and energy conscious design are recurring architecture themes
( throughout the Boulder City High School Campus, both in the original buildings and
! ^ new construction.
■ The Capital Program Management Building is a three story 60,000 SF LEED®
f Silver rated administration building for the Clark County School District. Steve
t Swisher designed this building to incorporate thermal displacement ventilation,
geothermal heat pumps, waterless urinals and other energy saving and sustainable
1 technologies to create a healthy and productive workplace for the district staff.
GOVERNMENTAL EXPERIENCE
A The listed governmental experience on the following page and the representative project description
sheets that follow immediately thereafter are just a few examples of our ingenuity and resources. Due
to the page limitation of the response, we were unable to include detail on some of our other recent
developments, including some major urban governmental andj mixed -use public/private development
k assignments ranging up to $350 million in total build -out development value. We would be pleased
to provide supplemental information at your request, or you may visit our website at
www.prfieldtraub.com for more information.
In each of our governmental and public/private developments, creative problem solving was essential
E to project success. Financial issues are always key hurdles to surmount. Each of our developments
involve cutting -edge and creative financing structures that implement all available economic
development related -benefits while protecting the long-term assets of each community by minimizing
their risk in the process.
Many of our public and public/private developments are models of central business district and
downtown core redevelopment, as catalysts for substantial direct and indirect economic benefits to
the communities that they support and enhance. Such projects demonstrate our understanding of and
sensitivity to local revitalization and downtown improvement initiatives, and are just a few examples
of the creativity and experience that our team will bring to the County of San Bernardino in crafting
' the solution for its Government Center.
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`7 GARFIELD TRAUB
DEVELOPMENT
Mnldparpese Event Canter and ftna
Wcaccrme, New Mexico
Garfield Traub Development was recently chosen by the City of Albuquerque to lead the development of their proposed
12,000-seat multipurpose arena. Located on a strategic site adjacent to the City's Convention Center, this project Is In the
heart of Albuquerque's resurgent downtown and at the confluence of the City's trolley system and the regional Rail Runner
connecting Santa Fe and Albuquerque. The project is envisioned as a mixed -use development and a further ecorwmic
catalyst for Downtown under the City's 2010 Plan for redevelopment.
Garfield Traub has assembled a team that combines nationally known leaders in their respective fields with strong local
participation. Team members include Tumor Construction and the Tuner Sports division tearned with Albuquerque -based
Gerald Martin General Contractors, HOK Sport teamed with New Mexico's oldest design firm, SMPC Architects, and SMG,
i the nation's leading operator of sports and convention facilities and the current operator of the Albuquerque Convention
Center.
Initial plans proposed by the Garfield Traub team include the arena as home to at least two minor-league teams, with
maximum seating for concerts of 12,000, a private club, 32 executive suites, and 400 to 500 premium seats. The project
could be phased with the arena proposed to be the first component delivered. This mixed -use development is proposed to
include a 400-room convention center headquarters hotel, 60 units of upscale residences, and more than 50,000 square
feet of retail and restaurant space. 0 Paso -based Hunt Development Group and Flintridge Partners LLC are the teams
development partners for the retail and residential oomponents. Hunt has a substantial presence in Albuquerque and has
just completed ABQ Uptown, a highly succes(ud life style retail center.
Garfield Traub, along with its investment banking team members of RBC Capital Markets and Piper Jaffray & Co., has
proposed an innovative multi -tiered financing plan that includes a substantial private capital and debt commitment. This
plan limits the public support to the City's current taxing authority and would not require additional legislative or voter
approval.
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City Court of Atlanta
Atlanta, Georgia
New York DOT Region t
Headquarters
Schenectady, New York
Oregon Convention Center
Westin Headquarters Hotel
Portland, Oregon
Tucson Multipurpose
Downtown Arena
Tucson, Arizona
Washoe County Public
Safety Training Complex
Reno, NV
Hackensack City Hall,
L Police and Fire HQ
(Strategic Planning)
f Hackensack, New Jersey
"We have benefited greatly from
Garfield Traub's leadership and
expertise. 1 highly recommend them
to you for the development of your
essential facilities. "
- Alan DeLisle,
Director, Office of
Economic and
Employment
Development
City of Durham, NC
Sheraton Convention
Center Headquarters Hotel
and Entertainment Complex
San Juan, Puerto Rico
Lubbock Hotel and
Conference Center
Lubbock, TX
Sheraton at the Overland
Park Convention Center
Overland Park, Kansas
Community College of
Southern Nevada NW
Campus
Las Vegas, Nevada
Durham Performing Arts
Center
Durham, North Carolina
Doubletree Hotel and
Conference Center
Bay City, Michigan
Juhl Condominiums
Las Vegas, Nevada
LAUSD "Bundle of Eight'
Primary Centers
Los Angeles, California
"This was a very complicated
transaction fraught with difficulties,
all of which Garfield Traub and its
team worked through successfully. The
City of Atlanta is very pleased with the
outcome. "
- Leawood A. Jackson,
City Court Judge,
City of Atlanta, GA
Rincon Center, Including
Ninth Circuit Court of
Appeals
San Francisco, California
Parkway Medical Plaza
Las Vegas, NV
Dallas County Criminal
Courts
Dallas, Texas
Texas Schoolbook
Depository
Dallas, Texas
"Garfield Traub is comprised of the
most professionally competent group
of design, construction and
management professionals I have ever
had the pleasure of working with. "
- Robert D. Lowry,
Former Director of
Public Works, City of
Overland Park, KS
GARFIELD TRAUB
DEVELOPMENT
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OGARFIELD TRAUB
DEVELOPMENT
L.
Ray Garfield
rr Principal
Mr. Garfield has more than 35 years of experience in the
development, finance and asset management of all property types.
With an extensive Wall Street background, Mr. Garfield focuses
primarily on working with investment banking partners and bond
counsel to engineer creative financing structures and secure capital for
developments. A proven track record demonstrates his ability to
create insightful and innovative delivery vehicles for challenging
assignments. Additional responsibilities include management of
corporate relationships, participation in value engineering meetings,
negotiation of project documents and agreements and leading problem
solving of political, legal and financial issues for clients and their
essential developments.
Prior to forming Garfield Traub, Mr. Garfield served as Chairman and CEO of Vista Properties,
Inc, a publicly held national land development company with more than 9000 acres of urban land
' in its portfolio. In addition to overseeing the development and sale of properties in Vista's
portfolio, Mr. Garfield guided the company through a merger with Centex Corporation, the
nation's largest homebuilder. As Senior Vice President and Managing Director of Cushman &
Wakefield, Inc, Mr. Garfield managed the Financial Services Division for the western half of the US.
In this capacity Mr. Garfield directed the sales and financing of major properties throughout 21 offices
from Texas to the Pacific. During his tenure his division was responsible for more than $2.5 billion of
transactions for hotel properties and major commercial properties.
As Vice President of Salomon Brothers, Mr. Garfield originated and closed more than $2.5
billion in capital transactions through his investment banking responsibilities for a host of major
international clients including Wal-Mart Corporation, Weingarten Realty, Inc., Trammell Crow
Company, Lincoln Property Company and Pratt Hotels. Mr. Garfield and his real estate securities
' division pioneered the creation of the nation's first commercial mortgage backed securities. Prior
to that, Mr. Garfield served at lVerrill Lynch Commercial Real Estate as Executive Vice President,
Chief Operating Officer and Manager of National Sales for Merrill Lynch's commercial real
f" estate services offices throughout the US.
Mr. Garfield has a Bachelor of Science in Math and Engineering from the United States Naval
Academy and served as a Naval Aviator. He has been a member of leading professional real
estate organizations including the Urban Land Institute (ULI) and the International Council of
Shopping Centers (ICSC), and has been a board member of two public companies, Vista
Properties, Inc. and Harvard Industries. He has also been a featured speaker and panelist at real
estate conferences throughout the county including The Americas Lodging Investment Summit
(ALIS) and the International Economic Development Council (IEDC).
GARFIELD TRAUB
r DEVELOPMENT
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Eric A. "Tony" Traub
Principal
Garfield Traub Development principal Tony Traub has over 30
years real estate development leadership experience, from deal
structuring and capitalization through design, construction and
operations. He is also an attorney and a certified accountant.
Mr. Traub's responsibilities focus primarily on leadership of design -
builder relationships and the design and construction process,
including design, programming and value engineering input and
oversight, as well as negotiation of project documents and
agreements.
Prior to the formation of Garfield Traub, Mr. Traub served as President and CEO of American
Nevada Corporation, Nevada's largest developer. In some of the fastest -growing communities in
the country, Traub led the development of hotels and recreational facilities, office buildings,
medical facilities, retail centers and thousands of residential lots.
Mr. Traub also served as President of Perini Corporation's development companies in
California, where among other signature projects he developed the Resort at Squaw Creek, a
premier ski and golf conference resort, and Rincon Centre, a one million SF mixed -use
office/retail condominium project in downtown San Francisco.
As President of the Resorts and Commercial Divisions of General Development Corporation,
then Florida's largest developer, Traub's divisions developed countless commercial properties
including conference resorts, country clubs, marinas and other recreational facilities. Mr. Traub
also worked for various companies owned or controlled by the Pritzker family (of Chicago),
which owned and operated Hyatt Hotels and various real estate development companies. In that
capacity, he was extensively involved in transactions throughout the United States.
Mr. Traub is a Magna cum Laude graduate of the School of Business at the University of
Michigan and the School of Law at the University of California at Los Angeles where he received
his Juris Doctorate. He is member of several professional organizations including the Urban
Land Institute and has been a board member of several companies. He has also been an active
speaker at several organizations throughout the country. Five years ago, Mr. Traub formed
Gotham Real Estate Corporation, a hotel Real Estate Investment Trust (REIT). Concurrently
with his responsibilities with Garfield Traub, Mr. Traub has served as President and CEO of
Gotham, which has investments in hotels throughout the United States.
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GARFIELD TRAUB
DEVELOPMENT
Ken Portnoy
President, Public Facilities Division
Ken Portnoy has over 30 years of experience in the development,
acquisition and management of commercial real estate investments for
institutional clients. Combined with his professional training as an
architect, he provides a valuable perspective and integration of the
design, construction, and financial components on each project.
As President of the Public Facilities Division at Garfield Traub
Development, Mr. Portnoy leads the company's municipal, education,
and sports and public assembly projects. In this role he is responsible
for the company's relationship with its public clients and the related
design, construction, operations, and investment banking team
members.
Prior to joining Garfield Traub, Mr. Portnoy was the Director of Acquisitions with L&B Realty
Advisors, one of the nation's largest real estate pension fund advisors with over $3 Billion in real
estate investments under management for its public and corporate pension fund and university
endowment clients. In this capacity Mr. Portnoy was responsible for the development, acquisition,
and structuring of real estate investments for the firm's institutional clients, a member of the
company's Investment Committee and also authored the company's Multifamily Investment
Strategy.
Mr. Portnoy has also served as Vice President of Fults Associates/ONCOR International, one
of the leading regional real estate services and brokerage companies in the Southwest where he
successfully structured and brokered multifamily and commercial real estate investments for
(' private, public and institutional clients.
As President of Vanguard Income Properties, Mr. Portnoy managed a portfolio of investment
' properties, directed the rehabilitation of numerous undervalued assets, and brokered the sale of
income producing commercial properties for both private and institutional clients. He has also
served as General Partner on numerous limited partnerships and met the licensing requirements for
Series 22 and 39 of the NASD.
Mr. Portnoy holds the professional degree of Bachelor of Architecture from Cornell University
and a Masters from the Harvard University Graduate School of Design. He also holds the
professional designation of CCIM from the Commercial Investment Real Estate Institute of the
National Board of Realtors and has been a member of the Pension Real Estate Association and
The Real Estate Council. He has also served on the boards and been an officer of several
educational and non-profit associations.
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OGARFIELD TRAUB
DEVELOPMENT
Garfield Traub Development
Client References
City Court of Atlanta
Atlanta, GA
Project Description:
$62 million, 208,000 SF downtown City Courts
Reference:
Paul D. Little
Vice President & General Manager
Turner Construction Company
3424 Peachtree Road NE
Suite 1900
Atlanta, GA 30326
(404) 504-2701
(404) 504-3712 Fax
plittle@tcco.com
Washoe County Public Safety Training Facility
Reno, NV
Project Description:
$17 million, 37,627 SF essential police and firefighter training complex
Reference:
Mr. John C. Breternitz
Executive Vice President
Q&D Construction, Inc.
1050 S. 21 !c Street
Sparks, NV 89431
(775) 786-2677
(775) 786-5136 Fax
jbretem@qdconstruction.com
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GARFIELD TRAUB
DEVELOPMENT
New York Department of Transportation
Region One Headquarters
Schenectady, NY
Project Description:
$21 million, 125,000 SF regional headquarters office building
Reference:
Ms. Cornelia M. "Connie" Cahill
Partner, (Counsel to Developer)
Girvin & Ferlazzo, P.C.
20 Corporate Woods Boulevard
Albany, NY 12211
(518) 462-0300
(518) 462-5037 Fax
mcc@girvinlaw.com
Sheraton Overland Park At The Convention Center
Overland Park, KS
Project Description:
$92 million, 412-key, 318,000 SF first-class, full -service convention
center headquarters hotel with attached 410-space parking garage
Reference(s):
' Mr. John Nachbar
City Manager
City of Overland Park, Kansas
City Hall
8500 Santa Fe Drive
Overland Park, KS 66212
(913) 895-6101
(913) 895-5003 Fax
jnachbar@opkansas.org
Robert D. Lowry, P.E.
Director of Public Works
City of Arlington, Texas
101 West Abram Street
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Arlington, TX 76004
(817) 459-6354
(817) 459-6585 Fax
lowryb@ci.arlington.tx.us
Los Angeles Unified School District
Los Angeles, CA
Owner's Reference:
Jim Cowell
Former Director of Construction
Los Angeles Unified School District
213.220.4411
American Center for the Performing Arts
Durham, NC
Owner's Reference:
Alan Delisle
City of Durham, Director
Office of Economic and Employment Development
101City Hall Plaza
Durham, NC 27701
919.560.4965
alan.delisle(a durham.gov
GARFIELD TRAUB
DEVELOPMENT
FCityof Lubbock
Master Developer !hr Downtown Redevelopment
Introduction to Parkhill, Smith & Cooper, Inc.
PSC is an incorporated consulting engineeringlarchitectural design firm that has a long
history of service in Texas. The firm began in Lubbock, Texas in 1945, and has been
engaged in a continuous professional practice in Texas for 63 years. Today, PSC has
offices located in Lubbock, 8 Paso, Midland, Amarillo, and Odessa, and maintains a
total staff of 230+ professional, technical and support personnel. PSC is consisterely
ranked among the Top 500 Design Firms in the United States (Engineering News
Record). Design services offered by PSC include:
• Architectural design
• Civil engineering
• Structural engineering
• Electrical and mechanical engineering
• Interior design
• Landscape Architecture
Personnel
PSC constantly seeks highly -qualified, self -motivated personnel. The
full capacity of our staff to provide professional services now
includes (graph):
Project Experience
CM
Engineering i; � `'
ArchaeCh", Interiors 3
Lars sa" AmMechxe r
MPE a sM,chxei
Engineering
consln,c11 , t *
A�ninietr.,
Pemonrmd
In six decades of continuous professional practice, PSC has assembled an impressive portfolio of design solutions. PSC
clients range from healthcare and educational clients, to municipalities and the federal government. PSC's work
experience includes the following design capabilities.
Architectural Studios specializing in:
• Higher Education
• Religious Facilities
• K-12 Public Education
• Government Facilities
• Healthcare
In addition, our engineering expertise includes:
• Airport Planning and Design
• Environmental Engineering
• Highways and Interstate Highway Planning and Design
• Municipal Street Design, Drainage and Storm Sewers
• Parks and Recreational Facilities
• Residential, Commercial/Industrial Site Planning and Development
E • Solid Waste Disposal Planning and Design
Mn RFF - 1
I- City of Lubbock
FMaster Developer !br Downtown Redevelopment
Mary K. Crites
I. Principal -in -Charge
. Education
r Bachelor of Architecture, Texas Tech University, 1982
t
Professional Registration
Registered Architect, TX, 11483; Registered Architect, NM, 3057; NCARB, TX, 38460
Years experience: 25
Ms. Crites is a Firm Principal for PSC, and is currently the Higher Education Design Studio Leader. Ms. Crites joined the
firm in 1990, and has designed fifteen award -winning projects since that time. Ms. Crites primary responsibilities include
client relations, staffing, team coordination, scheduling, and budgets.
Ms. Crites other work experience includes serving as "Main Street" Project Director for the City of Plainview, Texas,
where her responsibilities involved providing design assistance to property owners of historic downtown buildings and
coordinating downtown redevelopment efforts in this South Plains city. This required coordination of the City's efforts
with the Texas Historical Commission (THC), the "Main Street" program sponsor. Ms. Crites was awarded a "Citation
[ for Distinguished Service" by the THC for her work in Plainview.
Some of her relevant project experience includes:
• Downtown Lubbock Study (EDAW), Lubbock, TX.
• El Paso Fire Station #34, El Paso, TX.
• El Paso Westside Community Park and Recreation Center, El Paso, TX.
• Harvey House Renovation - Phase 11, Station, TX.
• Lubbock - Overton Park Residential Guidelines, Lubbock, TX.
• Lubbock Fire Station #6, Lubbock, TX.
• Lubbock Fire Station #8, Lubbock, TX.
• Lubbock Fire Station # 17, Lubbock, TX.
• Lubbock Health Department Renovation, Lubbock, TX.
• Lubbock Overton Phase 1, Bond 1 Landscape, Lubbock, TX.
• Lubbock Sam Wahl Recreation Area Comfort Station, Lubbock, TX.
• Lubbock Visitors Center Study, Lubbock, TX.
• McDougal Companies Pioneer Hotel Restoration and Adaptive Use, Lubbock,
• McDougal Overton Park Residential Design Guidelines, Lubbock, TX.
• McDougal Overton Retail Tract 3A (1-he Shoppes at Overton Park), Lubbock,
• Midland Downtown Core Development Study, Midland, TX.
• North University Gateway, Lubbock, TX.
• Overton Conference Center Owner Representative, Lubbock, TX.
• Overton Landscape Master Plan, Lubbock, TX.
• Station New City Hall, Staton, TX.
• Underwood Center Campus Development, Lubbock, TX.
TX.
RFP - 2
City of Lubbock
Master Developer fbr Downtown Redevelopment
Key Projects
Overton Park (Multiple Planning and Design Projects) - Lubbock, Texas
PSC, in an on -going effort, has assisted both the City of Lubbock and McDougal Companies, the private developer in the
urban redevelopment of 325 acres in downtown Lubbock adjacent to Texas Tech University. This ambitious project is the
largest private downtown redevelopment in the United States. The project has become the first public -private
collaborative partnership of its kind in Lubbock. The project incorporates "new urbanism" planning concepts in this
mixed use development. A mixture of retail, office, apartment/lofks and garage functions are underway, along with single
family development with both townhomes and detached residences.
PSC in association with others was retained by the City of Lubbock to develop Overton Park Public Improvements Site
Design Guidelines for the area, specifically uniform development of the public improvements. Pedestrian -oriented spaces
and an inviting, safe and walkable community were the major desires of both the private developer and the City of
Lubbock. The guidelines include typical street hierarchy diagrams, pedestrian -friendly street cross -sections, parking
diagrams, common material selections, landscape standards for Lubbock's semi -arid climate as well as appropriate site
furnishing selections. Ultimately, the guidelines will be used to develop the entire district resulting in a cohesive image
and a new model of urban development for the City of Lubbock.
In addition, PSC was selected by the City of Lubbock to provide design documents for the Streetscape Improvement
package(s) in the first portion and then three subsequent portions of the developed Overton Park District including
Glenna Goodacre Blvd. It includes the implementation of the landscape and pedestrian amenities in the rights -of -way
along portions of roadways in the district. Colorful, brick -paved sidewalks, street tree plantings, landscape buffer
plantings, ornamental site lighting and pedestrian furnishings are included in the new streetscapes to both entice the
resident as well as visitor to leave their car parked and walk through the neighborhood to the many shops, plazas and
destinations in the District.
In addition at the request of the developer, PSC worked closely with both the developer and the City to create a two -
volume Overton Park Residential Design Guidelines. Again, using new urbanism principals the guidelines set forth
parameters concerning lot development, density, style of the residences, details of each of the described styles, maximum
building heights and access for the lots. These guidelines will be used by the city as part of the permitting process during
the development of the area.
Historic residential styles that reflect the architectural heritage of Lubbock and the South Plains region have been selected
'for Overton Park. Owners and builders may choose from five appealing styles for single-family detached houses,
townhouses and cottages: Craftsman Bungalow, Colonial Revival, Folk Victorian, Spanish Eclectic, and Tudor Revival.
These styles were typical of Lubbock neighborhoods from its establishment in 1890 through the 1930's. Their scale and
massing are perfect for a traditional neighborhood development with narrow lots and close proximity to the street.
Related to the Overton Park development, PSC provided full A/E professional services for the design of a mid size bank
on a prominent site in Overton Park. In addition, PSC has provided landscape design services for the site being developed
for a neighboring Starbuck's Coffee establishment.
The Shoppes at Overton Park was designed to serve as a mixed -use corridor of shopping, dining and business venues
with the North Overton community. One of the purposes of The Shoppes at Overton Park was to create both a lively
indoor and outdoor atmosphere that embraces a new urbanist approach to user design. The development design included
second -floor office spaces along with more sizeable ground -floor spaces suitable for larger "anchor" retail tenants. The
result is a locale that allows visitors to experience shopping, dining and their working environments through well -
landscaped plazas, rich architectural motifs that hark to the "Spanish Renaissance" architectural heritage of the Lubbock
i area, and provides quality parking and access for visitors.
RFP - 3
City of Lubbock
r
N
I
Master Developer for Downtown Redevelopment
Downtown Lubbock study
PSC was hired as a subconsultant to complete a revitalization strategies study for a two square mile area of downtown
Lubbock. PSC assisted via:
• local input and review
• utility infrastructure analysis
Department of Defense Education Activity Facility Assessment of State Side Schools
In 2002, PSC was retained by the Ft. Worth District of the US Army Corps of Engineers to provide a Facility Assessment
Survey for all state side schools belonging to the Department of Defense Education Activity (DoDEA). The purpose of the
survey is to conduct an objective and impartial evaluation of all schools to evaluate the feasibility of transferring them to
the individual Local Education Agencies (LEA). The school system includes 47 elementary schools, 6 middle schools, 1
junior high school, 1 combination middle/high school, and 3 separate high schools. The schools are located in Georgia,
North Carolina, Kentucky, South Carolina, Virginia, New York, Alabama, and Alabama.
PSC first developed a base line criteria taking into account life safety code, NFPA codes, and Americans with Disabilities
Act issues to establish a minimum level of acceptable facility condition. PSC also contacted each LEA to incorporate local
and state code requirements applicable to each particular school district_
PSC next conducted a survey of each facility to note all deficiencies, and to develop opinions of cost for immediate and
near term work associated with bringing each facility in compliance with the base line standard. A draft report for each
military base was prepared including all information, survey forms, and an executive summary of required costs.
Scharbaurer Sports Complex
PSC was selected by the City Of Midland to lead the design team for the design of a new sports complex to be located in
Midland, Texas. A key design goal was to provide both baseball and football/soccer capabilities in one complex to reap
the benefits of shared services. Also, clustering these sports venues in one location for a common image and focal point in
the community was desirable.
The project includes the football/soccer stadium that has 15,000 permanent seats and open seating for 3,000 on the grass
berms. The baseball stadium is designed for 5,000 permanent chair seats and open seating for 2,000 and is the home of the
Midland Rockhounds, an affiliate of the Oakland Athletes. Both stadiums are "bowl" type facilities with the playing
surface below natural grade.
Client References
Mr. Mike Ellicott
Vice Chancellor
TTU — OFP&C
Box 42014
Lubbock, Texas 79409
806-742-2116
Mr. Chuck Swallow
Director of Development Services
City of Midland
300 N. Loraine
Midland, Texas 79702
432-685-7288
Mr. Richard Garcia
Parks Operations Manager
City of El Paso
Two Civic Center Plaza
El Paso, Texas 79901
915-5414331
fin RFP - 4
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LEGAL
Compliance with applicable law
The Master Developer will comply with all applicable federal law, state
statutes and local ordinances including, but not limited to, the Davis -Bacon
Federal minimum wage requirements.
Potential Conflicts of Interest
1. Carolyn McDougal, a principal in the McDougal Companies is currently
serving as a Lubbock City Council appointee on the board of the North
Overton Tax Increment Financing District.
2. Mike McDougal, a principal in the McDougal Companies is currently
serving as a Lubbock City Council appointee on the boards of Market
Lubbock, Inc. and Lubbock Economic Development Alliance, Inc.
3. The McDougal Companies currently own and manage several
1 commercial properties in the Downtown Redevelopment Area.
Court Place Office Tower, 1001 Main
Wells Fargo Center, 1500 Broadway
1101 Broadway Office Building
Pioneer Hotel, 1202 Broadway
4. McDougal Realtors, Inc. is currently under contract with the City of
Lubbock to acquire Right Of Way from Lake Alan Henry to Lubbock.
Resolution No. 2008-RO484
Exhibit D
SCOPE OF SERVICES
Assumptions
• The scope of services is for five years.
• Tasks for all Team members are included in the Scope of Services.
• The City will support this agreement by providing available city maps, aerials, reports,
and other information as requested to the McDougal Land Company, L.C.Team.
• It is possible/probable that the McDougal Land Company, L.C. (The Team) will be
working on tasks from any or all of the five categories at any given period.
• McDougal Land Company, L.C. will provide appropriate documentation and request
draws from the City/TIF on a monthly basis.
Categories
Category One: Building Inventory and Assessment
Task 1.1 Kick-off Meeting
McDougal Land Company, as Lead Consultant, will assemble all Team Members to
allow for introductions, provide a review & understanding of scope and schedule, and
initiate strategy for prioritizing tasks.
Task 1.2 Property and Building Inventory
Team members will conduct a systematic field inventory to study the physical
characteristics of existing properties including building scale and mass, building style and
character, and value of structures to the Downtown Revitalization Action Plan.
Task 1.3 Assessment of Ownership and Tax Values
Team Members will conduct an analysis illustrating property ownership and values. The
Team will work with City staff and others to prepare an Amended Project and Finance
Plan to reflect the information provided in the Downtown Revitalization Action Plan.
Task 1.4 Evaluation of Infrastructure and Utilities
Team Members shall identify major utilities in the downtown area and make design
recommendations to the City for locations and other characteristics. The team will
coordinate with City and others on building partnerships with the utility companies and
soliciting buy -in to the redevelopment effort.
Task 1.5 Market Analysis
As part of the inventory and assessment analysis, the Team will establish the highest and
best use of downtown properties to maximize market trends and identify potential sites
for future development, including vacant parcels, surface parking, and other opportunity
sites.
Deliverables:
➢ Report of initial scope, schedule and strategy as agreed with CBD TIF Board
➢ Map/report of building inventory and assessment study
➢ Detailed report of ownership and existing tax values
➢ Report showing results and recommendations from infrastructure analysis
➢ Market analysis Report
• Meetings:
➢ Quarterly report and presentation to the CBD TIF Board and reports to the City
Council as requested.
➢ With City and CBD TIF Board, present an Amended Project and Finance Plan to
Council for approval.
Category Two: Environmental Analysis
Task 2.1 Phase I Analysis
The Team will have a comprehensive environmental Phase I analysis of all property
within the CBD TIF for purposes of determining any land use restrictions or mitigation
programs (i.e. MSD's) that need to be implemented.
Task 2.2 Implement Mitigation Programs
If the Phase I analysis determines that mitigation programs such as a Municipal Settings
Designation (MSD) is required, the Team will gather the information required, prepare,
and file an application with the City for an MSD covering the appropriate area.
• Deliverables:
➢ Detailed Phase I Environment report presented to CBD TIF Board
➢ Preparation of MSD Application if required.
Meetings:
➢ Quarterly report and presentation to the CBD TIF Board and reports to the City
Council as requested.
➢ With City and CBD TIF Board, present an MSD Program for approval if deemed
necessary.
Category Three: Development of Land Use Policies
The Team Members will review all relevant plans, the Downtown Revitalization Action Plan,
other studies, and analyses completed to date for the planning area for the purpose of
recommending land use policies for the targeted area.
Task 3.1 Develop Guidelines for Public Improvements
The Team will assist the City staff and others to develop guidelines for public
improvements for downtown Lubbock. These guidelines will involve, but not be limited
to, public improvements such as street reconstruction, public utilities in the right-of-way,
streetscaping, landscaping, parking details, gateways and signage. All design and
engineering plans must be approved by the City.
Task 3.2 Develop Guidelines for Private Improvements
McDougal Land Company, L.C. will develop, with the assistance of the City, design
guidelines for private development. These guidelines will include, but not be limited to,
overall architectural character in downtown districts, construction materials, building size
requirements, and landscaping. All site and building design must be approved by the
Master Developer Consultant. Another option could be to incorporate design guidelines
into the Zoning Ordinance.
Task 3.3 Recommendations for CBD Zoning District
The City Planning Department and the Team will review the current Central Business
(CB) Zoning District designations. After the review and if amendments are
recommended, City will take to Council for adoption.
• Deliverables:
➢ Final Downtown Public Improvement Guidelines for Council adoption
➢ Final Downtown Private Improvement Guidelines for Council adoption
➢ Proposed Amendments to CB Zoning District
Category Four: Visioning
The Visioning Phase will provide a more detailed creative overall vision for the downtown
redevelopment initiative. This Phase will transform the Preferred Plan from the Downtown
Revitalization Action Plan into a level two Master Plan. A level two Master Plan will involve
developing a plan on a block -by -block basis and on a district -by -district basis. Components of
the Plan will include:
• Land Use
• Urban Design
• Catalytic Projects
• Economic Development
Task 4.1 Land Use
As per the Downtown Revitalization Action Plan, the target area consists of six defined
districts (Residential, Central Business District, Entertainment, Convention & Arts,
Bridge Corridor, and Destination Retail). On a district -by -district basis, the Team will
identify land uses on a block -by -block basis and illustrate the uses on a Plan. The uses
shall include residential, commercial, entertainment, public, and gateways. Each district
will be represented by its own character and be coordinated with the public and private
design guidelines.
Task 4.2 Urban Design
The primary goal for the revitalization effort is to focus on urban design characteristics.
Particular issues that will be addressed include parking requirements, density & floor -
area -ratio, minimum/maximum setbacks, and vertical and horizontal mixed -use.
4.2.1 Encourage developers to buy -in to the goals and objectives of the
revitalization effort by their voluntary compliance of the regulations and
processes.
4.2.2 Increase and diversify downtown housing stock creating a market to initiate
residential return to include:
■ Senior housing
■ Empty nesters
■ Affordable housing
■ Multi -family housing
■ High -density housing
■ Lofts & condominiums, for rent and for sale
■ Student housing
Task 4.3 Catalytic Projects
The Team will identify catalytic projects that are either big picture items that will change
the underlying theme or focus of a district; or smaller earlier action projects that will
initiate momentum for the plan and create massing opportunities.
Task 4.4 Economic Development
The City of Lubbock must take action to encourage reinvestment in the downtown core.
The challenges are great, but the reward is greater. Business is critical to the identity,
character and success of the downtown initiative. Downtown merchants must offer
something unique and an overall experience and ambiance. Small retail shops and
businesses need to offer unique products, specialized customer service, and small towns,
nostalgic feel that can draw consumers' downtown.
4.4.1 Create a diverse culture business district that will encourage private
participation with unique products and service.
4.4.2 Initiate strategies to attract franchisees for Arts & Cultural District hotel
and Depot Entertainment District movie theatre.
4.4.3 Pursue opportunities for artists' live/work studio spaces with in the Arts
and Cultural District. Work with City Planning to create an artist -in -
residence program.
4.4.4 Initiate fundraising effort to solicit contributions and public/private
partnerships to develop large public projects such as Civic Center
renovation and/or expansion, arena, Avenue J corridor, and Performing
Arts Center.
4.4.5 The Team will work with City staff to coordinate and leverage
applications for grants/funding for physical, economic and tourism related
funds.
• Deliverables:
➢ Detailed land use master plan for each identified district in the CBD
➢ Report and recommendations regarding urban design concepts for CBD.
➢ Report and recommendations to City and CBD TIF Board regarding "Catalytic
projects" as identified in downtown master plan
➢ Make recommendations to CBD TIF Board regarding a Strategic plan to fund
public projects and facilities
• Meeting:
➢ Quarterly presentations to the CBD TIF Board and presentations to the City
Council upon request.
Category Five: Establish Downtown Lubbock Public Improvement District
Phase Two of the scope of services in the Consultant/Master Developer Agreement includes
leading an effort to establish the Downtown Lubbock Public Improvement District as
recommended in the Downtown Revitalization Action Plan.
Task 5.1 PID Creation Process
The authority and process to create a Public Improvement Districts comes from the Texas
Local Government Code, Chapter 372. McDougal Company, L.C. will work with the
City staff and others to develop a process, including a time schedule, to establish a Public
Improvement District for downtown Lubbock.
Task 5.2 Petition
McDougal Land Company, L.C., with the assistance of City Staff and others, will prepare
a Petition and solicit signatures of support in accordance with Chapter 372. The permit
will identify the proposed district boundaries, proposed service plan, and proposed
assessment rate.
Task 5.3 Service Plan
After input from the CBD TIF Board, former Downtown Redevelopment Commission
members and other downtown stakeholders, McDougal Company, L.C. will identify
services to be provided in the district and costs associated with the delivery of the
services.
Task 5.4 Assessment Method and Rate
McDougal Land Company, L.C. will project and recommend an assessment rate required
to meet the needs illustrated in the Service Plan. A chart or financial model will be
created illustrating the proposed services and funding needs over a ten year time period.
Deliverables:
➢ Submittal of the Downtown Lubbock Public Improvement District Petition and
signatures in accordance with Chapter 372 of the Texas Local Government Code
➢ Provide the Service Plan for the PID in accordance with Chapter 372 of the Texas
Local Government Code
➢ Financial model of the impact of the proposed assessment rate over a ten year
period
• Meetings:
➢ Make a presentation to the Council for the purpose of creating the Downtown
Lubbock Public Improvement District
➢ Make a presentation to Council for the purpose of recommending and setting an
assessment rate for the Downtown Lubbock Public Improvement District
Category Six: Promotion and Marketing of Downtown
Marketing efforts must focus in three areas: business recruitment, tourism, and community
relations. Revitalization efforts must seek to attract more Class A office space; promote local,
regional and national events to increase tourism; and create a public relations and marketing
program designed to attract private investors and development talent committed to realizing the
intent of the Downtown Revitalization Action plan.
Task 6.1 Business Recruitment
The Team commits to develop marketing materials to attract corporate headquarters and
white-collar enterprise companies. Marketing materials will showcase Lubbock's
attractions: historic, cultural, recreational, economic, and educational. Sometimes, the
cost of redeveloping the downtown core will occur with enhanced code enforcement,
demolition, environmental mitigation, and possibly historic preservation.
Task 6.2 Tourism
McDougal Land Company, L.C. will work with the Convention and Visitor Bureau to
create tourism by marketing specific topics such as shopping, culture, heritage, athletics,
restaurants, and entertainment venues to promote more trade shows, conventions, and
meetings.
Task 6.3 Community Relations
The Team shall gain state, regional, and community acceptance of the downtown
redevelopment effort by:
■ Regular reports to city, county, special district commissions, service clubs and
other interested organizations.
■ Work with City staff to continually update the City's Downtown website.
■ Articles in local and regional media outlets.
■ Maintaining direct contact with development organizations with a demonstrated
talent and track record — whose participation and influence would enhance the
quality and scope of the revitalization effort.
Task 6.4 The Team would commence community -wide initiatives with Workforce
Development and LEDA to address current and future employment needs.
• Deliverables:
➢ Summary of overall marketing plan
➢ Copies of brochures of marketing pieces for tourism
➢ Canned power point presentation
• Meetings:
➢ Presentations to CBD TIF Board and City Council showing marketing plans and
sample promotional documents
Deliverables Schedule
Year One
• Report of initial scope, schedule and strategy recommendations regarding Building
Inventory and Assessment to CBD TIF Board.
• Map/written report of building inventory and assessment study.
• Detailed report of ownership and existing tax values.
• Detailed land use master plan for each identified district in the CBD.
Resolution No. 2008-RO484
Exhibit E
Insurance Requirements
Master Developer Consultant shall obtain or cause its contractors and/or subcontractors to obtain
and maintain at all times that this Agreement is in effect, with an underwriter authorized to do
business in the State of Texas and acceptable to the City, against claims of general liability,
professional liability, business automobile liability and worker's compensation resulting from
Developer's activities under this Agreement.
General Liability:
Developer or its contractor's insurance shall contain broad form contractual liability with a
combined single limit of a minimum of $3,000,000 each occurrence and in the aggregate and
shall include the following:
• Bodily Injury and Property Damage
• Broad Form Contractual Liability
• Personal Injury and Advertising Injury
• Products and completed operations
• XCU
Limits may be maintained in any amount of primary and excess coverage.
Professional Liability:
Developer or its contractor's insurance shall contain a limit of at least $1,000,000 per
occurrence.
Business Automobile Liability:
Developer or its contractor's insurance shall contain a combined single limit of at least $500,000
per occurrence, and include coverage for but not limited to the following:
• Bodily injury and property damage
Workers' Compensation and Employers Liability Insurance:
Developer or its contractor shall elect to obtain workers' compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, Developer or its contractor shall maintain
said coverage throughout the term of this Agreement and shall comply with all provision of Title
5 of the Texas Labor Code to ensure that the contractor maintains said coverage. Any
termination of workers' compensation insurance coverage by Developer or its contractor or any
cancellation or non -renewal of workers' compensation insurance coverage for the Developer or
its contractor shall be a material breach of this contract. The Developer or its contractor may
maintain Occupational Accident and Disability Insurance in lieu of Worker' Compensation. In
either event, the policy must be endorsed to include a waiver of subrogation in favor of the City
of Lubbock.
Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy
limit, and $500,000 by disease each employee shall also be obtained and maintained throughout
the term of this Agreement.
Other Insurance Requirements:
Developer or its contractor's general liability and auto liability insurance policies through policy
endorsement must include wording, which states that the policy shall be primary and non-
contributory with respect to any insurance carried by City of Lubbock. The certificate of
insurance described below must reflect that the above wording is included in evidenced policies.
All policies must be endorsed to include a waiver of subrogation in favor of the City of Lubbock.