Johnson Economics ~ C170013 izz
City of Tigard
June 20, 2018
Northwest Pest Control
Attn: Cathy Morris
9108 NE Sandy Blvd
Portland OR 97220
REF.: Pest Control
Period:August 1,2018 through July 31, 2019
CONTRACT NOTICE OF AWARD— RENEWAL
Contract# C170012
Dear Ms. Morris
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its second (2)
one-year extension to the Contract effective from August 1, 2018 through July 31, 2019. This
renewal period shall be governed by the specifications, pricing, and the terms and conditions set
forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Northwest Pest Control.
Sincerely,
Jamie Greenberg
Purchasing Assistant
503-718-2492
jan-ne@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms, and conditions as set forth in the above referenced Contract.
Company: /�c�l `�' 7C1 1 Signed:
4.
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Date: (0 Printed:
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O TUA,CHANM ORDE :/ 1-1125 SW HABlvd.
. M� DM �S MMARY 'I`1�,Oregon 3
Phone - (503) 6394,
IMM.CHANGE ORDER FORM Pax.-(503)684-7297
-ot-
Project Title: Urban Lofts Predevelo ment Feasibility Project Manager: Sean Farrell
Contractor:Johnson Economics Original Contract#:C170013
Effective Dates: Chane Order/Amendment Amount: Change End Date
Accountin Strin : 940-9000-54001 Amendment Percentage Running Total: %
MEWDETAILS
Chane end date of contract from 7/31/17 to 12/31/17
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
R �G Fq GE'01WI�g/,MENDMENT
Allow more time to complete project
$EGET IMPACTAI+f1 RE'QuIRI4? 1S .
No budget impact
REQUESTING Q19 -MAXAGEI . . IPPR STAFF
14
S' twre.
Date
Contractor is hereby authorized by the City of Tigard to perform I CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to � ' �ture
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
TIGARD URBAN LOFTS PREDEVELOPMENT FEASIBILITY
C170013
AMENDMENT #1
The Agreement between the Tigard CCDA Center Development Agency,a municipal corporation of the State
of Oregon,hereinafter called CCDA, and Johnson Economics, hereinafter referred to as Contractor, entered
into on the 17'' day of August, 2016,is hereby amended as follows:
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire,unless otherwise
terminated or extended, on une 30, 2017 December 30, 2017. All work under this Agreement shall
be completed prior to the expiration of this Agreement.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD JOHNSON ICS
Signature Si tur
Printed Name Printed Name
9/712�ior 7 azo
Date Date
CITY OF TIGARD,OREGON-CONTRACT SUNAIARY FORM
rI)YEFORM MUS TACCOMPA"EVFRYCONTRACT)
f �y�
Contract Title: Urban Loft Predevelopment Feasibility Num0
ber: l
Contractor: Johnson Economics Contract Total: $53,465
Conttact Overview: Provide real estate feasibility study and architectural concepts for Nicoh/Transit
Center Redevelopment Project
Initial Risk Level. ❑ Extreme ❑ High ❑modeiate ® LoR
Risk Reduction Steps:
.Risk Comments:
Risk Signature.:
Contract Manager. Scan Farrelly Ext: 2420 Department: Com. Dev.
Ti?e: ❑ Purchase Agreement ❑ Personal Service ❑ General Sm-ice ❑ Public Improvement
❑ IGA 0 Other: Professional Services Start Date: 4/16/16_ End Date: 6/30/17
Qluotes%Bids;Proposal: FIRM AMnrnNT/ScogE
Johnson Economics 1
Leland Consulting 2
Account String: Ford-Division-Account Work Order_Activilg'r=e Amount
FY 16-17 940-8000-56005 14006-110 $53,465
FY
FY
FY
FY
Apb�- LCRB Date:
Department Comments: 1d4
Department Signature--
Putchasing Comments: Y
�..
Purchasing Signature:
City Managet Commends:'.
City:Manager Signatute :•
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract
TIGARD CCDA CENTER DEVELOPMENT AGENCY
PROFESSIONAL SERVICES AGREEMENT
TIGARD URBAN LOFTS PREDEVELOPMENT FEASIBILITY
THIS AGREEMENT, made and entered into this 1Th day of August, 2016, by and between the
Tigard CCDA Center Development Agency, hereinafter referred to as the "CODA," and Johnson
Economics,hereinafter referred to as the "Consultant."
RECITALS
WHEREAS, the CCDA's 2016-2017 fiscal year budget provides for consulting services for the
Nicoli/Transit Center Redevelopment project;and
WHEREAS,the accomplishment of the work and services described in this Agreement is necessary
and essential to the program of the CCDA;and
WHEREAS, the CCDA desires to engage the Consultant to render professional real estate advising
services for the project described in this Agreement, and the Consultant is willing and qualified to
perform such services;
THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby
agree as follows:
1. Consultant's Scope of Services
The Consultant shall perform professional real estate advising services relevant to the Project in
accordance with the terms and conditions set forth herein,and as provided in Exhibit A,which
is attached hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution by the CCDA's Local Contract
Review Board,and shall expire,unless otherwise tenninated or extended,on completion of the
work or June 30,2017 whichever comes first. All work under this Agreement shall be completed
prior to the expiration of this Agreement.
3. Consultant's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit A of this Agreement,and
for services required in the fulfillment of Paragraph 1,the Consultant shall be paid on
an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement,
which shall constitute full and complete payment for said services and all expenditures
which may be made and expenses incurred,except as otherwise expressly provided in
this Agreement. The Basic Fee shall not exceed the amount of Fifty Three Thousand
Four Hundred Sixty Five and No/100 Dollars ($53,465.00) without priorwritten
authorization.
2) The Parties hereto do expressly agree that the Basic Fee is based upon the Scope of
Services to be provided by the Consultant and is not necessarily related to the
estimated construction cost of the Project. In the event that the actual construction
cost differs from the estimated construction cost,the Consultant's compensation will
not be adjusted unless the Scope of Services to be provided by the Consultant changes
and is authorized and accepted by the CCDA.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings
shall be submitted by the Consultant periodically,but not more frequently than monthly.
Payment by the CCDA shall release the CCDA from any further obligation for payment
to the Consultant for service or services performed or expenses incurred as of the date of
the statement of services. Payment shall be made only for work actually completed as of
the date of invoice. Payment shall not be considered acceptance or approval of any work
or waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the CCDA, the Consultant shall furnish or acquire for
the CCDA the professional and technical services based on the hourly rate schedule as
described in Exhibit B of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Consultant shall furnish certified cost records for all billings pertaining to other than
lump sum fees to substantiate all charges. For such purposes,the books of account of the
Consultant shall be subject to audit by the CCDA. The Consultant shall complete work
and cost records for all billings on such forms and in such manner as will be satisfactory
to the CCDA.
E. Contract Identification
The Consultant shall furnish to the CCDA its employer identification number, as
designated by the Internal Revenue Service,or social security number,as the CCDA deems
applicable.
F. Payment—General
1) Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
2) Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
3) Consultant shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or other
needed care and attention incident to sickness or injury to the employees of Consultant
or all sums which Consultant agrees to pay for such services and all moneys and sums
which Consultant collected or deducted from the wages of employees pursuant to any
law,contract or agreement for the purpose of providing or paying for such service.
4) The CCDA certifies that sufficient funds are available and authorized for expenditure
to finance costs of this contract.
5) Consultant shall make payments promptly,as due,to all persons supplying services or
materials for work covered under this contract. Consultant shall not permit any lien
or claim to be filed or prosecuted against the CCDA on any account of any service or
materials furnished.
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6) If Consultant fails,neglects or refuses to make prompt payment of any claim for labor,
materials,or services furnished to Consultant,sub-consultant or subcontractor by any
person as such claim becomes due,CCDA may pay such claim and charge the amount
of the payment against funds due or to become due to the Consultant. The payment
of the claim in this manner shall not relieve Consultant or their surety from obligation
with respect to any unpaid claims.
4. Ow-nersWU of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service,are and shall remain,the property of the Consultant;however,the
CCDA shall be furnished, at no additional cost, one set of previously approved
reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG"
or"DXF" format,of the original drawings of the work. The CCDA shall have unlimited
authority to use the materials received from the Consultant in any way the CCDA deems
necessary.
B. The CCDA shall make copies, for the use of and without cost to the Consultant,of all of
its maps,records,laboratory tests,or other data pertinent to the work to be performed by
the Consultant pursuant to this Agreement, and also make available any other maps,
records,or other materials available to the CCDA from any other public agency or body.
C. The Consultant shall furnish to the CCDA, copies of all maps, records, field notes, and
soil tests which were developed in the course of work for the CCDA and for which
compensation has been received by the Consultant at no additional expense to the CCDA
except as provided elsewhere in this Agreement.
5. Assignment/Delegation
Neither parry shall assign,sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment shall be of any force or effect whatsoever
unless and until the other party has so consented. If CCDA agrees to assignment of tasks to a
subcontract,Consultant shall be fully responsible for the acts or omissions of any subcontractors
and of all persons employed by them,and neither the approval by CCDA of any subcontractor
nor anything contained herein shall be deemed to create any contractual relation between the
subcontractor and CCDA.
6. Consultant is Independent Contractor
A. The CCDA's project director, or designee, shall be responsible for determining whether
Consultant's work product is satisfactory and consistent with this agreement, but
Consultant is not subject to the direction and control of the CCDA. Consultant shall be
an independent contractor for all purposes and shall be entitled to no compensation other
than the compensation provided for under Section 3 of this Agreement.
B. Consultant is an independent contractor and not an employee of CCDA. Consultant
acknowledges Consultant's status as an independent contractor and acknowledges that
Consultant is not an employee of the CCDA for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Consultant to
provide services under this contract are employees of Consultant and not of CCDA.
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Consultant acknowledges that it is not entitled to benefits of any kind to which a CCDA
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law. Furthermore,
in the event that Consultant is found by a court of law or an administrative agency to be
an employee of the CCDA for any purpose, CCDA shall be entitled to offset
compensation due,or to demand repayment of any amounts paid to Consultant under the
terms of the agreement,to the full extent of any benefits or other remuneration Consultant
receives (from CCDA or third party) as a result of said finding and to the full extent of
any payments that CCDA is required to make(to Consultant or to a third party) as a result
of said finding.
C. The undersigned Consultant hereby represents that no employee of the CCDA or any
partnership or corporation in which a CCDA employee has an interest, has or will
receive any remuneration of any description from the Consultant, either directly or
indirectly,in connection with the letting or performance of this Agreement,except as
specifically declared in writing.
D. If this payment is to be charged against Federal funds,Consultant certifies that he/she
is not currently employed by the Federal Government and the amount charged does
not exceed his/her normal charge for the type of service provided.
E. Consultant and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more
in the calendar year by any public employer participating in the Retirement System.
F. Consultant shall obtain, prior to the execution of any performance under this
Agreement,a City of Tigard Business License. The Tigard Business License is based
on a calendar year with a December 31st expiration date. New businesses operating
in Tigard after June 30th of the current year will pay a pro-rated fee though the end of
the calendar year.
G. Consultant is not an officer,employee,or agent of the CCDA as those terms are used
in ORS 30.265.
7. Indemnity
A. The CCDA has relied upon the professional ability and training of the Consultant as a
material inducement to enter into this Agreement. Consultant represents to the CCDA
that the work under this contract will be performed in accordance with the professional
standards of skill and care ordinarily exercised by members of the Consultant's profession
under similar conditions and circumstances as well as the requirements of applicable
federal, state and local laws,it being understood that acceptance of an Consultant's work
by the CCDA shall not operate as a waiver or release. Acceptance of documents by CCDA
does not relieve Consultant of any responsibility for design deficiencies, errors or
omissions.
B. Claims for other than Professional Liability. Consultant agrees and shall indemnify,
defend, save and hold harmless the City of Tigard, its officers, employees, agents, and
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representatives from all claims, suits, or actions and all expenses incidental to the
investigation and defense thereof, of whatsoever nature, including intentional acts
resulting from or arising out of the activities of Consultant or its subcontractors, sub-
consultants, agents or employees in performance of this contract at both trial and appeal
level,whether or not a trial or appeal ever takes place including any hearing before federal
or state administrative agencies.. If any aspect of this indemnity shall be found to be illegal
or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity
of the remainder of this indemnification.
C. Claims for Professional Liability. Consultant agrees and shall indemnify,defend,save and
hold harmless the City of Tigard,its officers,employees,agents,and representatives from
all claims, suits, or actions and all expenses incidental to the investigation and defense
thereof, arising out of the professional negligent acts, errors or omissions of Consultant
or its subcontractors,sub-consultants,agents or employees in performance of professional
services under this agreement. Any work by Consultant that results in a design of a facility
that is not readily accessible to and usable by individuals with disabilities shall be
considered a professionally negligent act,error or omission.
D. As used in subsections B and C of this section,a claim for professional responsibility is a
claim made against the CCDA in which the CCDA's alleged liability results directly or
indirectly, in whole or in part, from the quality of the professional services provided by
Consultant,regardless of the type of claim made against the CCDA in performance of this
contract. A claim for other than professional responsibility is a claim made against the
CCDA in which the CCDA's alleged liability results from an act or omission by Consultant
unrelated to the quality of professional services provided by Consultant in performance of
this contract.
8. Insurance
Consultant and its subcontractors shall maintain insurance acceptable to CCDA in full force and
effect throughout the term of this contract. Such insurance shall cover risks arising directly or
indirectly out of Consultant's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is primary
insurance with respect to the interests of CCDA and that any other insurance maintained by
CCDA is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Consultant and its subcontractors shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense,and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an"occurrence"form(CG 20101185 or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The following
insurance will be carried:
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Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Professional Liability
Consultant shall obtain, at Consultant's expense,and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by any actual or
alleged negligent act,error or omission in the rendering of or failure to render Professional
Services.Combined single limit per claim shall not be less than$2,000,000,or the equivalent
Annual aggregate limit shall not be less than$3,000,000 and filed on a"claims-made"form
C. Commercial Automobile Insurance
Consultant shall also obtain,at Consultant's expense,and keep in effect during the term of
the contract(Symbol l or Symbols 8 and 9 as applicable) Commercial Automobile Liability
coverage on an"occurrence" form including coverage for all owned,hired,and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
D. Workers'ComVensation Insurance
The Consultant, its subcontractors, if any, and all employers providing work, labor or
materials under this Contract are subject employers under the Oregon Workers'
Compensation Law and shall comply with ORS 656.017,which requires them to provide
workers'compensation coverage that satisfies Oregon law for all their subject workers. Out-
of-state employers must provide Oregon workers'compensation coverage for their workers
who work at a single location within Oregon for more than 30 days in a calendar year.
Consultants who perform work without the assistance or labor of any employee need not
obtain such coverage. This shall include Employer's Liability Insurance with coverage limits
of not less than$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the CCDA its officers, employees, agents and representatives as additional
insureds with respect to this contract. Coverage will be endorsed to provide a"per project"
aggregate.
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims-made" basis,
Extended Reporting coverage will be required at the completion of this contract to a duration
of 24 months or the maximum time period the Consultant's insurer will provide such if less
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than 24 months. Consultant will be responsible for furnishing certification of Extended
Reporting coverage as described or continuous "claims-made" liability coverage for 24
months following contract completion. Continuous "claims-made" coverage will be
acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract. Coverage will be endorsed to provide a "per
project"aggregate.
G. Insurance Carrier Rating
Coverage provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the CCDA. All policies of insurance must be written by companies
having an A.M.Best rating of"A-VII"or better,or equivalent. The CCDA reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
H. Self-Insurance
The CCDA understands that some Contractors may self-insure for business risks and the
CCDA will consider whether such self-insurance is acceptable if it meets the minimum
insurance requirements for the type of coverage required. If the Contractor is self-insured
for commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the CCDA. The CCDA
reserves the right in its sole discretion to determine whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Consultant shall furnish
a Certificate of Insurance to the CCDA. No contract shall be effective until the required
Certificates of Insurance have been received and approved by the CCDA. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the address below prior to
coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer,employee or agent of the CCDA as those terms are
used in ORS 30.265.
K. PritnM Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the CCDA is excess and not
contributory insurance with the insurance required in this section.
L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability
and commercial automobile policies required by this contract.
A certificate in form satisfactory to the CCDA certifying to the issuance of such insurance
will be forwarded to:
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City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard,Oregon 97223
At the discretion of the CCDA, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work.
The procuring of such required insurance shall not be construed to limit Consultant's liability
hereunder. Notwithstanding said insurance,Consultant shall be obligated for the total amount
of any damage,injury,or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause,CCDA shall have the right in its sole discretion,to terminate this
Agreement by giving notice to Consultant. If CCDA to mates the contract pursuant to this
paragraph,it shall pay Consultant for services rendered to the date of termination.
10. Termination With Cause
A. CCDA may terniinate this Agreement effective upon delivery of written notice to Consultant,
or at such later date as may be established by CCDA,under any of the following conditions:
1) If CCDA funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate required by law or regulation to be held by Consultant,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Consultant,if a receiver or trustee is appointed for Consultant,or if
there is an assignment for the benefit of creditors of Consultant.
Any such termination of this agreement under paragraph(A) shall be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. CCDA, by written notice of default (including breach of contract) to Consultant, may
terminate the whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this agreement in accordance
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with its terms, and after receipt of written notice from CCDA, fails to correct such
failures within ten days or such other period as CCDA may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 14 of this agreement.
The rights and remedies of CCDA provided in the above clause related to defaults(including
breach of contract) by Consultant shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If CCDA terminates this Agreement under paragraph (B), Consultant shall be entitled to
receive as frill payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Consultant bear to the total services otherwise required
to be performed for such total fee; provided, that there shall be deducted from such
amount the amount of damages,if any,sustained by CCDA due to breach of contract by
Consultant. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
11. Non-Waiver
The failure of CCDA to insist upon or enforce strict performance by Consultant of any of the
terms of this Agreement or to exercise any rights hereunder,should not be construed as a waiver
or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any
future occasion.
12. Method and Place of Giving Notice,Submitting Bills andMalting Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery,
mail, or by fax. Payments may be made by personal delivery,mail, or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments,and other information:
OEM in now
Attn: Sean Farrelly At= Brendan Buckley
Address: 13125 SW Hall Blvd. Address: 621 SW Alder,Suite 605
Tigard,Oregon 97223 Portland,OR 97205
Phone: (503) 718-2420 Phone: (503) 295-7832
Email: sean beard-or jov Email: bwbi@iohnsonecononucs.com
and when so addressed,shall be deemed given upon deposit in the United States mail,postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices,bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to who notices,bills and payments are to be
given by giving written notice pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
writing and signed by both parties.
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14. Professional Services
The CCDA requires that services provided pursuant to this agreement shall be provided to the
CCDA by an Consultant, which does not represent clients on matters contrary to CCDA
interests. Further, Consultant shall not engage services of an Consultant and/or other
professional who individually,or through members of his/her same firm,represents clients on
matters contrary to CCDA interests.
Should the Consultant represent clients on matters contrary to CCDA interests or engage the
services of an Consultant and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to CCDA interests, Consultant shall
consult with the appropriate CCDA representative regarding the conflict.
After such consultation, the Consultant shall have 30 days to eliminate the conflict to the
satisfaction of the CCDA. If such conflict is not eliminated within the specified time period,the
agreement may be terminated pursuant to Section 10 (B-3) of this agreement.
15. Force Majeure
Neither CCDA nor Consultant shall be considered in default because of any delays in
completion and responsibilities hereunder due to causes beyond the control and without fault
or negligence on the part of the parties so disenabled,including but not restricted to,an act of
God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine
restriction,area-wide strike,freight embargo,unusually severe weather or delay of subcontractor
or supplies due to such cause;provided that the parties so disenabled shallwithin ten days from
the beginning of such delay, notify the other party in writing of the cause of delay and its
probable extent. Such notification shall not be the basis for a claim for additional compensation.
Each party shall, however,make all reasonable efforts to remove or eliminate such a cause of
delay or default and shall, upon cessation of the cause, diligently pursue performance of its
obligation under the Agreement.
16. Non-Discrimination
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Consultant also shall comply with the Americans
with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules
established pursuant to those laws. All facilities designed by Consultant under this contract shall
be designed to be readily accessible to and usable by individuals with disabilities as required by
the Americans with Disabilities Act.
17. Errors
Consultant shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
18. Extra (Changes)Work
Only the CCDA's Project Manager may authorize extra (and/or change) work Failure of
Consultant to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
10 1 Page
Consultant thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
19. Governing`Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Consultant shall comply with all federal, state,and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,279B,and 279C.
21. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall
control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
22. Access to Records
CCDA shall have access to such books, documents,papers and records of Consultant as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
23. Audit
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement,and to assure adequate performance and accurate expenditures within the contract
period. Consultant agrees to permit CCDA, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this Agreement to assure
the accurate expenditure of funds.
24. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction,the validity of the remaining terms and provisions shall
not be affected to the extent that it did not materially affect the intent of the parties when they
entered into the agreement.
25. Representations and Warranties
Consultant represents and warrants to the CCDA that:
A. Consultant has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of
Consultant,enforceable in accordance with its terms.
C. Consultant (to the best of Consultant's knowledge, after due inquiry), for a period of no
fewer than six calendar years (or since the firm's inception if less than that) preceding the
effective date of this Agreement,faithfully has complied with:
111 Page
1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters
316,317,and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to
Consultant, to Consultant's property, operations, receipts, or income, or to
Consultant's performance of or compensation for any work performed by Consultant;
3) Any tax provisions imposed by a political subdivision of this state that applied to
Consultant,or to goods,services,or property,whether tangible or intangible,provided
by Consultant;and
4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced
any of the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the CCDA under this Agreement,and
Consultant's services rendered in the performance of Consultant's obligations under this
Agreement,shall be provided to the CCDA free and clear of any and all restrictions on or
conditions of use,transfer,modification,or assignment,and shall be free and clear of any
and all liens,claims,mortgages,security interests,liabilities,charges,and encumbrances of
any kind.
26. Compliance with Tax Laws
A. Consultant must, throughout the duration of this Agreement and any extensions, comply
with all tax laws of this state and all applicable tax laws of any political subdivision of the
State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions
described in subsection 25.C. 1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this
Agreement. Further, any violation of Consultant's warranty, in subsection 25.0 of this
Agreement,that the Consultant has complied with the tax laws of the State of Oregon and
the applicable tax laws of any political subdivision of this state also shall constitute a material
breach of this Agreement. Any violation shall entitle the CCDA to terminate this
Agreement, to pursue and recover any and all damages that arise from the breach and the
terns nation of this Agreement,and to pursue any or all of the remedies available under this
Agreement,at law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff,and withholding of amounts otherwise due and owing
to Consultant,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory
or injunctive relief. The CCDA shall be entitled to recover any and all damages
suffered as the result of Consultant's breach of this Agreement, including but not
limited to direct, indirect, incidental and consequential damages, costs of cure, and
costs incurred in securing a replacement Consultant.
These remedies are cumulative to the extent the remedies are not inconsistent,and the CCDA
may pursue any remedy or remedies singly, collectively, successively, or in any order
whatsoever.
12 1 Page
27. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibits, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
No waiver,consent,modification,or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver,consent,modification, or change if
made,shall be effective only in specific instances and for the specific purpose given. There are
no understandings,agreements,or representations,oral or written,not specified herein regarding
this Agreement. Consultant, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
CITY OF TIGARD JOHNS N C O
By: Marty Wine,City Manager By: Authorized Consul esentative
e �V ,2-016, Z I(.
Date Date
13 1 Page
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall render professional services as described below:
TASK 1.PROJECT INITIATION AND KICK-OFF MEETING
1.1 Consultant team will meet with CCDA,TriMet and Metro staff to reconfirm the project objectives,
scope of work, budget, joint responsibilities, methodology, and other elements of the project. The
initiation will also include a guided tour of the site by CCDA staff to provide background on the project
area and specific properties.
Task 1 Joint Deliverables (Consultant and CCD-A-);
A. Finalized project scope,schedule and budget
TASK 2:MARKET ANALYSIS AND REPORT
2.1 Survey the subject properties to evaluate strengths and weaknesses with respect to each of the candidate
land uses(office,residential and retail/commercial).The evaluation will focus on the following physical
and location attributes:local and regional accessibility,visibility,character and type of surrounding land
uses,site configuration,and other factors that may become evident during the site analysis.In addition,
document the site's entitlements,including current zoning,and Downtown planning goals.
2.2 Evaluate the supply and demand characteristics for three different land use types in the Downtown
Tigard market area:Residential,Office and Retail.The study will reflect current market conditions,but
can make reasonable assumptions about future trends over a five year period, and impacts of other
anticipated projects and improvements in Downtown Tigard.
The Consultant will undertaking the following analysis for each land use type:
A. Delineate the primary (demand) and competitive (supply) market areas of which the project
would be a part.
B. Analyze the supply of comparable units or real estate space within the market by surveying a
selected sample of competitive and/or comparable developments.Identify relevant planned and
proposed additions to the competitive inventory.
C. Analyze key regional and sub-regional socioeconomic variable which have a bearing on demand
for real estate types,including population and household growth,employment growth by sector,
current and projected household retail spending.
D. Develop demand forecasts for each real estate type in the primary market area based on the
following: the above growth measures, historical absorption trends,competitive advantages of
the relevant market area and other qualitative demand factors.
E. Evaluate the market potential for development at the subject location in view of:the magnitude
of demand in the market area as a whole, occupancy rates among existing projects, projected
competition from projects that are either under construction or proposed,and the competitive
advantages of the subject site's location.
F. Assess key investment criteria,including market depth and characteristics,achievable lease rates,
tenant improvement allowances and parking requirements.
G. Provide recommendations on the potential characteristics of each real estate type: for instance,
type of housing and number of units, square footage of supportable office and retail and
potential target tenants.
14 1 Page
2.3 Translate the preceding research and analysis into market-driven development recommendations.The
following preliminary parameters will be addressed:
A. Supportable land uses and land use mix that represents the highest and best use of the subject
property;
B. Size/scale and type of supportable real estate products;
C. Achievable sales prices and rent levels;
D. Parking requirements;
E. Achievable absorption levels by use;
F. Development timing and phasing;and
G. Overall project orientation.
Task 2 Consultant Deliverables:
A. Draft Market Study and Development Analysis Report
B. Final Market Study and Development Analysis Report
TASK 3:CONCEPTUAL DESIGNS AND COST ESTIMATES
3.1 Based on findings of Task 2,the concurrent Transit Center Reconfiguration and Operations Plan,and
site design considerations,the design members of the consultant team will formulate specific programs
for three development scenarios that to be refined graphically and evaluated financially. The CCDA
will be consulted on the proposed development concepts prior to moving forward.
The three conceptual site plans will include:
A. A project on the Nicoli Site and a portion of the Transit Center
B. A project on both sites
C. A project that incorporates Transit Center functions, wholly or partially underneath a built
structure
3.2 SERA Architects will prepare three sets of conceptual designs based on the development concepts
identified above. These conceptual designs will provide planning level site plans and renderings that
provide graphic representation of the following:
A. Building footprints;
B. Basic unit program and commercial space program;
C. Parking configuration;
D. Provision of public space and landscaping;
E. Connections to the area transit functions and surrounding properties;
F. High-level renderings presenting the potential building massing effects;
G. The concepts will help identify construction types and materials.
3.3 Consultant will generate planning-level cost estimates based on the preliminary conceptual designs,
including estimates of hard and soft development costs. The consultant will provide planning-level
feedback on considerations which may lower or raise costs or the designs.
3.4 Consultant will hold an interim meeting with the Project Management Team to review the initial
conceptual designs and cost estimates.
3.5 Based on feedback from the Project Management Team, the consultant will refine and finalize the
three conceptual designs. Consultant will provide revised cost estimates for the final design, if
necessary.
15 1 Page
Task 3 Consultant Deliverables:
A. Initial Conceptual Site Plans and Massing Studies
B. Initial and final project cost estimates
C. Final Conceptual Site Plans and Massing Studies
TASK 4: FINANCIAL ANALYSIS AND IMPLEMENTATION STRATEGIES
4.1 Consultant will develop a pre-tax pro forma and cash flow model to test the financial performance of
the three conceptual designs. The pro forma analysis will integrate estimates of the following:
A. A specific program for each scenario including the types and mix of uses;
B. Phasing schedules;
C. Site development costs for each scenario;
D. Hard construction cost;
E. Soft costs including government fees, professional fees, leasing/marketing expenses,
construction and permanent financing fees and construction interest,and other charges;
F. Revenue/sale prices and lease rates;
G. On-going operating expenses;
H. Permanent debt service based upon loan-to-value ratio (or debt service coverage ratio),
amortization period,and interest rate;
I. Market expectations of cap rates and internal rate of return.
4.2 Consultant will hold an interim meeting with the Project Management Team to review the initial pro
forma analysis,including findings and implications of the analysis,including identified funding gaps.
4.3 Consultant will outline potential financing and incentive strategies to improve the feasibility of the
conceptual developments by addressing the financial gaps,if any,identified by the pro forma analysis.
The strategies will include a range public and private financing sources, including those available for
affordable housing, transit-oriented development, and public properties. The analysis will include a
matrix of potential tools and funding sources,and conclusions on which may be most effective for the
specific conceptual design scenarios.
4.4 The consultant will attend and support a presentation of this project and its findings to the CCDA
Center Development Agency Board.
Task 4 Consultant Deliverables:
A. Draft and Final Pro Forma Analysis
B. Draft Public/Private Financing Strategies
C. Final Financial Analysis and Implementation Strategies Report
D. Support for CCDA Presentation
16 1 Page
r
JOHNSON
UoNoMics
August 3,:2016 PROPOSAL
TieARD.URaAN-Lt)ED RE-DEVELOPMENT FEAsiB[m
PMOFMPARD
A1TTN`.10E BARREM
U MGW.ANALYST Mr:Barrett:
13125 51N Hall Blvd.
Tigard,Oregon 16NNSON ECONOMl[S is pleased to respond to the City's informal request for proposals
97223 for eoncepfua design and:feasibility analysis,for tare-*11ped,Urban,1ofts project: The'-
attached proposal!lays forth our;team's:qualifications,(experience;.an¢'approach to
.complete the't'asks'necessary,outlined-Iii orlrregyest.:
,,Our proposed.team indudes.1o"NsoN E@oNOMKa , ands SERA ABCHn-�-. 0.4 team,
provides a strong•combination.ofre'al estate market and feaslbil4—experlise;and-urban
•design andwchittecture.expertise:; Development cost3:esdmates'wouid beprovided by
H&A Coasr Ut"ON:.our firms have;;extensive experlence.working with-each other,and,
forjurisdictionsWa-II`slzes-acrosiheTregidn.
Our:team is familiar with Downtown 71ga4and.the-subjectsites, having worked,on
multiple :development; opportunity-,studies,,and,,other;projects- in ,the area. We
pr�Usk' efped:asse5s the development feasibility:o€the subject srtes:in.2009,in the
-midst of the.cece"IcRI Howeveri 'positive:mrket.,ti*hdi,, .'. r•the:last :;fi years;
combined..vrith' tt6iitand,planned:renewal,;,and,trans ftatign„projedij Downtown
Tigard,:Make this,a.good time to;reassess#tie-potential ofthese key sites.:
The foliowlr g ormat proposai:tays=:Out.ourte±am's gdelificittions~and approach to'thls project,
following *0 .fLspecified'by the fRFP: Please contact me.'if there are any
puestions or if-fcan provide further,infor�naition: On hetia)f of our team,l tha'nk.;.you for
considering;our praposaUand,l,look#orwafd'to'hearin your response.
Sincerity,
a
Jerald Johnson
Principal y
JOHNSWECONgN►tMALC.
503.295.783.„�Ext-111
jM@joh6sonecon6mld.1c6M
6ifSW ALDM Stirrt 605 POMA 6,OR,91165 -7932503/295 . so3/ ion jFaxi
Www4oHPIMECONOMICs.coM
n
ArINL
t. FIRM QUAUFICATIONSA EXPERIENCE
.A. BACKGROUND off FIRMS
JoHNSON.EMomics
JoONSON EcoNoMics{ LC.offers, a full range,'of real' estate .market analysis,and
economic°development services,With otensive experience-,in,a wide range°of land
usesand developmentforms.
Development Feasibility.&.Oppottcmity SitGe AnoiiWs J 0 H N S O N,
! Redevelopment;Revitalization,and Urban Renewal Planning ECONOMICS
• Economic and Business Development Plgnr fng,
• Comm Market Ahalysis
• land Use and,Reg Economics
• Market Forecasting
JOHNSON ECONOMicS Serves-,a' .diverse .mix of dlerlts;. including government :and ,public agendas;.
corporations,developers,instltutionai' investoxs financial institutions and:nonrofR organizations. Thea
diversity, of our client.base has allow+ed:o�rr firm,to approach,the.development 1process from a wide:
range of perspectives. As a.;resutt;,we:have developed a.comprehensive;undefstar4d ng=of the factors:
necessary to encourage,, facilitate and direct development in_support. of public ,policy objectives.
JOKaSON ECONorV aregularly melds.p*Ic:policy,%0m' a&st and-Anaiicial realities,,producing.accurate,,.
reliable and realistic advice.
JOHNS6N Ecowmws,has.served as-the lead consultant.or,sab-;Q'.., tont on development_opportunity
studies for specinc,sfw at-,well'at.:broad revitalitation studles dt downtowns; town centers and main
streets of all-sizes-and configurat ons acres the Plorthyvest,, We regularly,,perform-forecasting and
development analysis Mr-the Portland Developmerd;CommWori'and other large_economic=and�reanewal
agencles'in the region: 1ohmN EcoNOMics is.an'Oregon'certified.ESB(#10178).
SERA ARCHrFECrS
Headquaitered,In Portland,`Oregarl SERA is�a•multi=disclp(ine:firrri,corrirnitted.:#o. '
sustainable design for the'built environment:Web.far diemsei i t*in integrated.
architecture,sustainability.uftW and;planning,and intenordesign sERA.,is.
proud of our 48-year history of creitirig $uccessfu I'l-A'arii�f=winning,:proJecEs that.
strive fora sense,of beauty;.proportion and.-spedflcity,of place white maintaining:
functionality and danrbillty-over time. SERA is`.corhmitted,to providing dkeeilent_
dient service,and we(save a,proven track record Of,norr�pletmg pr6jecss on time.and:on budget.'We-,only
take on vroi k that we know we,can deriver.to,~ERA's reeogriiied statuiard•of quality..0uf foiui on•listening
and learning ensures that our projects expn S:.the unique needs:and a0rat ons.of,our clients,and the
communifts.we serve.
FR&OMU,TMMo UMM,LOFTS PgE4WP.OPMEW FE11MIM 2
JoHinoN Ecowmics:. SERA Aac►nrEcrs> "&A CpNShkUM0
MUM
Urban resign t_Planning
SERA's Urban Design + ptenning5tudlo was,started in job ,offers strategic visionft-planning„
landscape architecture,and uiban'design.servicetto public and!privatesector dierlts engaged in the-creation,
of sustainable communities,cities and regions.'The Urban Design+'Planning 5tudIgengages•in a broad array
of planning and urban design services,inciuding framework.and concept,iibnning,,urban revitalization and
(re)development plans, streetscape:design, corridor.planning; faciltties'and•dampus.piannin&sustainable
community systems design (Iavtc.ecology),and trans(t-oriented design and develppmer�t�SERA's planning.
tea►ns use a variety of tools to#iet{a usecgraups articuiate and.viso Wei the concepts'being•tested: '
H"Zoi+tMUCTION
Recagniaedas an innovator iri,our industry,F1&A Catstru.,, Compa0y;provides An extensive,padoge•
of pre-catutruction.services,that ladude preliminary:cost estimating,,design analysis,;consWctability
reviews, value engineeritt& .scheduling; ,program phasing; management; .andclient/de,"sign Seam
partnering.
We focus,our efforts bn team partidpation..ta?make.each•client's,construction'experience positivwa.nd'
efficient: We work.closely with our,diems, buUding:comrnittees, architects,a engineers;.and our
subcontractors ,and xendors to; ensure.,that w'd. uriderstai# 4M exceed 64-r.. dierwts' needs and
expectations:,
B. KEY STAFF
BRENDAN 1WbQb,SENIOR:PROIECTMANMER..
JOHMM ECONOMICS
BRENDAN BuCKCEtr is:a Senior Project Ntanagerwith°JbNNM-t6N6 tics,,,He will serve as the
ct day project-manager manager and for act,on this;project, fie,will serve,as. lead on :aha ,_'s f.` narkOt
-condittons,,suppiy:and demand and,general develop'nent conditions. Rd wili�lead.the;draftirig:ofReport
documents: Ovei the tact.derade,,Brendanhas manages of profs far'our.,fitm for publre '
and private sector:clients which-givesMwakexceilent.tiiideistaniiirig:of t►e.iirteifaee�of public.pt ticy;
and market dynamics: Brendan Figs r�ularexperieFick in coriductirig market.analyses for all rnajorreal
estate categoriesacross the:iegion,
Mr. Budd" has.wmbined experience and education:in urban.planningand;neat estate.deveioprment;
l
and professional experience .in affordable ho. ,Wng administration: He toids a .Master's of.Urban
P,.lanning and graduate-level certificate:in Rea!!:state Development`from portland State UnWrsity,and'a
Bachelor's Degree from lNiliarnette Uhivers4 H 00s previously worked.for.the City,of�Gresharri in
long range planning•and'Urban Renewal;as.iaell as an afforda�bie iiousing authority...
JERRY JOHNSON,PM WpPAc
k
JOltIYSON ECOQID.MiGS �
JE[t�D'�JoaNwN is a real estate martcet aril regionafeconamic devetopinent:czinsuita'rit:-Forthis project,
he•.wilt.conduct pro forma-and cash'fro*analysis of,the can
ceptuai de5igt►s,.and:advise on;the market. d
analysis and�deliverables.
PRonosiu:Ticat Meam Lows PR v.DEvOjWMW,FMOLM,
JOHNSON ECONOMICS SERA AANREC's �&i4GflNSYRt)CTIaN y'
a
4
For the past,24 years,.Jerry has consulted on a'.broad ran8e;of'real-,estate development,':and-land use
economic topics,for both public-and private=sector cller ts: As;a Priindpal with'JOHNSON'ECONOMit3;he is
involved In research design,;economicand financial modeling;and°market tinalysis on some of ourmost-
complex assignments. 1* has worked for:a wid'e_.range.of.jurlsdictlons and public agencies,,as-well as
many of the region's major development firms and,financial:institutions. Nests arr adjunct,professor•in
the PSU Center for Real Estate,and"member•of the Governor'$Coundl.bf Economic Advisors:
MARTIN 6tA51 RA VAN LOON,LEER=:SE IPA-URBAN DESIGNER
SERA ARCiOKU
'Martin jained.SERA'in.eaHy 2015 ar[d iras been practtdng urban;:design and town"!planet og natiorraily;and,:
intematignaliy: i N2:Educated and trained libutch and'European,.*onism,,heauplies his expertise to
•a variky-of projects encorripass ng the 'rahging 'scales of teBions,.`cities,, fawns,. :downtowns, and.
neighborhoods, Committed 'to cmint;!ity based'*mMWdng,-'he:„has a strong tl,"cal intent and
.practical experttw in,complexurban.projects'd af'intgp,ate mixed-fie ' ensity,pedestrian-fele»cEy,and
transit-oriented design componentL A common foundation,of.his work Is,a public realm design that informs
and impacts,•the.morphology of the city.Martin F>Ss the proven ability to take'on
corn projects in a wide
varlety of contexts,and.to'�<rlear and'inspiring design solutions that are enthudasticalty.endorsed
by dWO.and'stakeholders! Recently,Martin's work'has,focused`an'thb redevelopment,of downtowns and;
the transforrnation. of'suburban centers;into more,walkable and'Vlbrahtplaces:.;He.hotds'degreesIn Spadal
Planning arid'Urban Development,and BuildingTechnologyfrom Tlie,Netherlands:.
Sym.R"EV,AIA;LEED,.AP-PROIEc ARIHiTECr
SERAARONT.KTS•
Steve brings'a.strong•background'in,programming,.spaceiplanning-and:architectural design;•Forthe last
18 years,slit experience:has'focused'bn programming and space plahni”gfb u ,mHy
,.commercial,
government, and retail:facilities. lie is�a.sidiled:team;-playe,r,and'has_experience taking projects from
Conceptiosi through•completed construction. He:enjoys tlfe.001leog,,O,designing efficient Ooiuti6ns
withinAhe'constraints of a client's biidget,and-,schedule,and'is 4n,adept pr6blem.solver::Steve:has,a`
Bactielorof Architecture1ronr.the tJr rerslty,fOregcn;-,',;i licensed aichiteat,in`-O egon end is a'LAD.-
Accredited Professlonal.
DM isamists,LEED,AP,ASLA—Pum REAMDESIGNER
SERA Am. Ecm
SERA's.i"ouse Landscape.Arch[U%%.,Dan:Jenkins,works collab�"Wi ly-vAth.design'teams to•prov de a
more cohesive,:enriched con4ept for our:work He,collaborates with 'the?sustainability and,design
expertise at SERA to focus on publicrspace design:Dan's work areates'rrfeaningful,setdngs that estalilisti
a compelling•sense of place and enhance the natural enyironmenL.Dan has,a thorough;badkgrou,nd In.
.the'City 4Tigard having designed.numerous pubiic.spaces and SUSUinabte:site projects: He teas•a
Bachelors in Landscape Architecture-from-the university.of CalitorCiia,at.t,erkeley and is t tegistered
landscape architect In Oregon.
Prtorosac;7waao IIRBNr LOFTS PRE-DEdEinPMENT FEASieWtY,
JOHNSON MWOMItS SEMAR41#00s H&AMOSTWOO N-
C. RECENT PROJECT-EXPERIENCE
The followin
g projects represent recent and relevant ,experience,: including deyelopment';feasibility
analysis and transk-oriented design experience. As requested in.the IRF F,the'examples are limited to
three,however our team,has decades ofexperience with,'projects of this typefrorn aadss.tht region.
:PDC:DOwN?O"KENTo81 NWEVEiAPNiEllrr'&DF.y a MENT'O_MUUNITY STUDiEs:
The Downtown Kenton District is a small,hlsWH4,coMrnercia(area'in NorthiPordand that.has struggled over
the last 30 years to attract and,maintainn a*able economic;base.,The;four-Back comm�iai,00trcrdor(focused;
along North Denver Avenue)"lore suffered`ftprn a high:stpmftont,vacancy rate; commercial services not
complementary,to a neighborhood coMMOrr hal ogre,dilapidated_ buildings,,and.the;perception:of crime.
JOHNSON EooNOMres"and.SERA'were hired(as partof an urban,
design and economic development%earn to develop concert
that could be Implemented in the Aear'terrn to.Mvitalize4his.
once4liffi irfg, workingneighborhood center. Our''team
performed development feasibility studies for siz'opportunity`
sites,in the corridor to assist property owners with future
development planning.. Pro forma analyse.was applied 'to
mixed-use,translt-oriented design conoepts.to test viabiNty:.
JOHNM ECONQWd was again hired-by the PDC:in 2015 to - =
provide updated'deveiopment.4easibigty anaiVsk,of thaw;,large.sges at-the:Northern".edge of Kenton,two
owned by the PDC and one owned by TriMet:. The.studyr'resulted in Ae,*pgns and feasibility anaiysis'for
dense mixed-use,solutions,with planned affordable housing.compone VEWwas.subsequer*ihired by-
the.POC"to<prepare the'Denver,Avenue;Streetscape`Plan.:The,tv n�aes1gned:conceptual and schematic
str eetscape" plans for'N. Denver that_addressed' severat design 'aacomrrrotiating the
parking 'and loading. needs of 'local, businesses, lntev-ating "greens street' "storm water eatmerus,
ficorporating tCenton's rich,history,:.expanding and#,n V ing;the:pedestrian,realnri,,estabiishing.publie:art
throughout the corrrdor,and,designing,-a cornpelliftsUvetscape1hat.tl*dity would be able-46 co r3truct and
reasonably maintain.
PDC:Lem URA MAItlfkT ANaySis&VWgoPmW rufm Snr ;
5 nce.2%2,JOHNSON Eaoi!rorva S.fW undertaken a series.61 market
analyses for the Mof the Lents Urian Renewal area,.culrrrinating, + it
in a series of development feasibility studies in the area in.294
.The analysis looked'.at sx..separate•pubifcaliy owned propertles-In ,
the lents Town-°iCenber, and #Fe.iopportunRies a'nd-,
challenges for each for a range of,deve lopmerrt"stypes. Thei. udy
Included in-depth, market .analysis of the major real" estate
categories,, including market trends, supply and" ,demand
chamaeris tics. The,Andin resulted in a matrix-of recommended--,
potential uses at each site,as.well as estimates of achievable:rents
and absorption of new bulk space. ' l
PROPOSAL.TWOO UROM LOFTS PRE-DEVEWPMEArr FEA NUTI V. 5
iorrNsorc EMMoaucs S<:RA'ARcHiTEcrs. H�4 Cor�ircT+ori i
The study has Informed the PDC as It moves forward with now partnerships to redeveloo;some of the
sites, In what has been one of neighborhoods most"resistant to redevelopment Jerry,Johnson has.
continued'to advise the PDC on these transactions. One bfthersijes
-ai 910.1 Foster good,is,moving forward
as a mixed-use building which will indude:.both marker-rate and,affordable-units aka key location.in,
the Town Center.
MODERA BELMONr
SERA McHrmcrs provided the;.design,and°archftecturt,b,ehind,'the,ne-w,Modera ftlmont,one,of the first
residential developments In a�histoticitNlndtistrial:area,bf.Pdrtiand's:eggsiddI. Now under construction,.
-the,Modera''Belmont-A poised:
to pols .to brin VitAlIty1ofts,:neighbgrhood. located just.outside,a
historic district and aWlfidustriiil Iohd,'the'buildiriesdestin-taket,..tueis'friDm the ne&b warehouse
s.
While. the, Modera Wmont stands,out
now as modem and lconittuildlngmlth�
bold massing,it is designed to:becomelz
comerstone building that blends"into the
.
urban fabric with the anticipated.future
growth of this:area.
The ground -floor it devoted to tataii,
helping,contribute to he,Abrant:nature.
of the street,with a-mJx of studios,...,lofts,I'M
one-bedroom and two=bedroom
ppatments on the upper five stories: i
Resident amenity spaces4ndudit a lounge
adjacent to the'lbbby,as qrqt and repair room,on tlit.�first,fibor. Upper
floors feature avideo game MqMrA commonroom on,thetop.fkooqho,,.g:-rpofopterrace vAthVi6iod6f
the river and downtown._A central courtyard Is'segmented.td;provide a public area along the street;
with private,spaces further back, The'courtyard also manages,alloUthe AdhInWater on site-thtotigh
elegant concrete,steel and wood,planters;
If. PROJECT UNDERSTANDING:AND,MET.H;)b0L0G_Y
A. PROJECT UNDERSTANDING
It Is our,understandig,that tfie Cftyof Tigard; consultant with a,ran.g
e;of professional
expertise-In,real estate market,canalvils, developmentfeasibility architecture,
I 10ty;qolysfi,and design andrchite
The c6fisurcght team Will, develop Oiree 'aftbor4tlyd conceptual designs:for-redevdiopme nt of two
Inkla I n
adjacent parcels in 0 Tigard rr
The designs WHI,be bas0d�o ' Vma,rket.a alytisi,-And then
tested for tost.-and feasibility- 'The'consultant will aftessthe,fba$lbility gap faced,by the alternative
designs and recommend strategies for budging this lop to Improv e I the,,oppoftnity-for-denflopreight.
PROPOSAL Twain URie M' LOFTS PRE-DEVELOPMENT FEASIBIUTY 6,.
ic*iwsoN Eamwts SERA ARCHrrtMz H&A ComsTRucriou
The subject sites are,well tooted in tht-heift of Ddwntbwolped.,
e
T- eahsit.Center by TifM41"prqvfaktj access.to regionals bus andl-'W-ES tali commuter
__ I
-service. knomberrof-proje lMpaofig:i*ni*al,,Tilprd,",make,
ihit',an op' ioPtoncAline htidtf-ffig
,p
flutu ofthis site,.for both transit service an transit-oriented ddy Ment. This site'i-';!j ntly.'tho_
lidW9ctIqf'-b.0Ow ent roo0o
considering how to:po;"#ally,reconftgureatid/or'modffy,qOeration5;to
allow' .for pamalprfulfrR;leyelopmept'
The,second 'site !s,a -privately-" 'ata key writer blain Street;, Thissitoo0eirS4
privately-awned site located "
� s , " 1 . - ,ort,
rvi�levelopment opportunity;, and 6el4 adjacentA�e','-TrrijM, 'larger
-to 6t,,� alloj�s •fDt,
.site; a
d6velOpmentprogra,m Acrosi'the"two
J'ffie'.9oal:rOf-,thIs,oro' -,JsJo.,,O lba*Vbuhd,.OfiaPj��.conb -, utldolgh
_ . . ._led - W
&wgn!� 'md,impiernintation�str.atiglet. *�,series- ihnaideliverables-,
review anaiuldelthe analysis;a;4hipiqjea.:O end,,'pWQM bqprete.nt I od-to,thet-ity,
progresses. Tht
gresses.
CentorDevelopynentAgency,
We propose '0""P" as "the" rpg,-Corisultant�,'O, oMg3t,W1
pri" .115 be
`forma
-responsible, for-compleilon of tA
rktt " pis, "T 9pew, row.VM, prop
'am
Ws,. i3h
' d Implementation es., SE4ARCNM Cis will be resperosi6fe fors erecting:and:refifiInt
the Urban design,�site plans;S �fa d that
con$t"e"
the conceptual, designs. H&A
16NMuam v4ipr4jd6tSt.�%at
APPOAC141 AWMENODOu)GY
The,following scope.of vyo, limeant lioutlihe-our, as c approach-and methodology
"joi_
this,project.
The scope mirrors the,se,t!enc6,tasks,, d :h,0FtFp.:,,Wi.- nderit4ndi6i the
exact kpperand extent of thk&r
orl Wpro e- y-b*
further.rq_,_pgd,Afteracnsu ngtear"
Is,selected.,
i`he'on 'ma or addition`is the recantineiciaton,to a
, . ' colic_
e pr,
conceptual:clesigos;(Task .3) •
01 0�mMOed Otlmatwo �,tinal.6mebtuaLdesigns,:IT;jj
ry. This change e-Wl' udOd'I1n1 thefollow!
hgscope:and cost p pa
PP.OpOSEDSCOVE
MI lw� - - I-
ECT INITIOMORAND IOCK-Off'MEMG.,.
ormlih' oJOct.obje as,
Cb
V
V o
q
budget, e o d h,vi Onw
,scope of work;
nfresporAl ki"j,rh tti6i
Tke initiation•will slab include a<$uided tour of the site'by City staff to provide tiactcgittuttd;on
the Orojktahia4ndspecrfTitpro
Tw&1 Joint.D*Mmtoblestcans—wbnttflibbil
get
PIOPdM:TW3AW:M"'LbM,Pftt-DIMLOPIW isi4eeiuri
JOW45MEMINPMICS S*ARCHMCM MA CONMOCnON
TASK:2:.MARKET ANALYSIS AND.REPORT
,2.1 Survey,the:subject properties:,to evaivate;strengtt s and Weaknesses with.respe4t':to'each of-the
candidate,land uses(office,,resider tial:and:reiaii/ci�rnmerciat) The evacuation w►11 focus.on-the
following physical and location att�ilutes: !Deal and ri�gional accessibility.:visibility, character
and'type of:sutrounding land uses; site cordiguradon,..:and other factors that may become
evident during-the site analysis. In:edditton,:docuMent..6e1 site's�gntldements,indudit' current
zoning,and Downtown planning goals.
2:2 Evaluate the supply'and demand diaracterhtics foe three: different land .use types. lh,the
Downtown Tigard'market 4area-. Residential; Of(ice;and.Retail. The,.study will reflect current
market conditions;but:can mbke�reatonabit-assumptions'abdut,.future'tren4,ove,r a:fWe.%year
period,and impacts of other,antidpatgd;projects and improvements in Downtown Tigard.
The Consuitantwili'undertaking;the following;analysis#or,each'land use type:
A. Delineate the,primary (dernand),and competitive: (supply) market areas ,of which'the•
project_would,be apart.
t3: Analyze the supply of comparable units :or real.estate. space, withirt the 'market'by
su", ing`a selected'sampl .of competitive and/or comparable..developments:.identify
..
relevant.planned and:proposed additici - the Competitive'irnientory
C. Analyze;key.regionai and sub-regional socioeconomic variable which have a•bearing,orf
demand.for revVe"'ei-tgpes;'induding.' pulatiowand;household'growith,.emp- merit
growth by sector,cur'ent_and pngecteR h6iisehoid retail spending..
D. Develop demand forecasts.for each real{estate typtiln the primarymarket:grea-based on
thefollowing: the .atianre.grovrth- measures, .historical .absorption,trends; competitive
advantages of the relevant market.a..rea andother quaiftative,demand factors:
E.. Evaluato�'the�market.potential for.,'deWopment'#t the,:subject.locat on'�in visa►of:,,the
mainitude:of�demand"'in.the.market'.area"as- IWhole;-`occupancy rates among existing
ptoject3; pro3ec_ted competition from'pro1O.M hat'are;either,under, constructlori or
proposed;and the,competitive advantages of thesubject:she's,location:
F. Apes,key lrtvestment=.trite ia, including,market depth°'and ci aractetistics, achievable
lease rates;tenant:improvemerrt:aliowances and,parking requirements.
C. Provide recommendations.on the poteoal.characteristics.of each:real estate type:for,
instance,type.of housing and,number of uribi square footage of supportable.offlimand
retail and potential targettenants.
2:3 translate the .preceding. research and analysis into. market-driven development
recomrnendations:The.following preliminary;parameters,.Wrbe:addressed:
A. Supportable;land uses,-and'land use r[iix that rgpresents,the tiigftest and best use:of the
subject property;
B. Sizejscaig and'type of supportabWreai estate products;,
C; Achievable:sales,prices'and rent levels,
PROPOSAUJIGARD UHeM LOFTS Phe=PMRPWW FEASOM 8
JOHNS6N EcOrosnCS SERA AROWECrs HikA Cbms*ucnoN
D. Parking-requirements;.
E: Achleyable abso�ptior�,leveisby use;
F Development timing;and phasing;and
G.. Overall'project orieintation.
Task 2 Comdtwft Delhrerab j
A.. Draft Market Study.and•Devel6pment AnalyslsRepert
B. Firtai,Market Stud and Developiirerit Analyst Report
TAW3t CONCt tJAL DESIGNSAND CM ESTIMATES,
3.1 Based on findings of Task 2;the concucrent.Ttansit Center;Reconfiguration.and:'t }xrations Pian,
and site design considerations,.they design mefnbers 'of.thea-consultant team vill formulate
specific programs forrthree,:development:steriarios.that..to;be refined graphical y:and evaluated
financially: The:'City tivill be consutked;on#he.pniposed;developtpent.concepts;pyior to moving
farward. . . .
The three canceptuafsite-plans'will include:,
A, A projectori the:IYicali Sjtie arici a portipn of,the Tfansit Center
B. A projector;bothsites,
C. A project-thgt�lncocporates;transit Center functioiis;:i hiWl or.oarfiaiiy undemeath a,tiuilt
structure
3.2 SERA.Architects willprepare_three sets of.conceptual designs; based On,''the development
conceptsddentified above; Those;.coo+eptual designs vARptovide planning leve,site:plans and,.
renderings-that p�*de�fir*PW tepresentation of the:Amoings
A. Building"footprints;
B. Basic unitprogram and.commerciai;sp_ace:.omgMrri*'
C. Parking conflguratiori,
,D. Provision:of pubticgiace:and landscaping;
C Conneztlons;to the area;transit.functionmimd surroun�dlitg properties;
. .
F: High-leve)renderings,preseritlhglhe;pctential bti"Iding i»assing.ti tiff,
G. The coneepts wilf help idontify construction typevand inatetials.
3:3 Consultant will
generate planning-level cast,estimaie5:basedon the�preliminary. conceptual,
designs, including:estimates cf'.hard,-and soft deveIoprnent costs Ifie.consuitant vwil.provide
planning lo*feedback on,coridoerations"which may;lower.or•Matte costsbuthe.designs.
3.4 ConsultantvillhoKanlnterim ineeting;witfi the Project ManagementTeam to review the Initial
conceptual designs and cost estimates:
PROPOSat.:.'f1GARPURBAN 1oF15 PRE=[)EVELOPMENi 6EA518ILtTY' 9-
jOHNSON EW- ROANCS SW:ARCmIT m -H&ACoNSrR wnoN
�r
:i
3.5 Based on feedback from the Project Nianagement'Team,the•consultant,wl[refime=an d final
the three conceptuai'designs. Consultant wlil°provide revised co3t•estimites for the firrai design
Afnecessary.
Task3 Consultant Ddhrera ft.
A. init1 ii Conceptual Site:Plans and MassingStudies
B. Initial and final.projett.cost estimates
C. Final Conceptual Site Plans.ano Massing Studies
TASK 4:FINANCIAL ANALYSIS AND IMPLEMENTATION STRATEGIES
4:1 Consultant will. develop a pre--tax pro forma and cash �f d model to zest:=the financial.
performance of the three-conceptual designs..The:pto,forrna`analysis will Integrate.estimates of.
the following:
A.:, A•spedfIc:progfamfor�each.sce.nario,includfngthe'.types,andmix,af;uses;,
8., Phasing schedules;
C Site devebprinent .,costs foreach scenario;;
D. Hard construction°cost;
E. Soft costs including„govemment.fees,_ professional fees, ceasing/ma. eting expen3et;
construction:and perrnaneM financing f ecus andIconstructlon interest,and:other:charges;:
F. Revenue sale prices and°lease`rates;
G.. On-going operating-expenses;,
rR
H: t?ermanent,debt"service based,.up=Joan-it value;ratio;dor:debt:service coverage raGol,
amortization period,and_iritemstrate';'
1. Market expects#ons of cap-rates�and'internal rate•of.retum:
4.:2 Consultant will hold:an`in#erim;meeting with the Project Mana jorngntTeam to review the initial
pro forma analysis, Including findings and ;implications of the analysis,.including. identified
funding gaps..
4:3- zainsultant will'outiine,potential Anand ng<and•Incentive.s ategles<to.lin ve.the feasipllity of
the conceptual developments.by addressing the 'fiftneial'gaps,.if aft'identified.by:the pro
forma::analysis. The;.strategles will:include_ a range,public.and prIM&finandng sources,
including those available f6t.affordable.housing;.'transIt-oriented deveki mek.,and •public
.properties. The analysis'will Include:a. matrix;of potential cools and:funding sources, -and
conclusions-on-which-maybe-most effective forthe.specific conceptuai'design,scenarios.
4.4 T,he4 consuRant will,attend•andsupporc a.preseritation4f`.this project and its findings to the City-
Center
ityCenter Development Agency Board.
'Task 4 Cona taM.Deliverablis:
A. Draft and Final Pro:Forma.Analysis.
B: Draft Public/Private Flnaridng:Stategies
C. Final Financial Analysis andlmplementation Strategies Report.
M Support fof..-CODA,Presentation
PROPOSAL: nGm URBAN LOFTS•PRE=0mopMkM FEAST KM .10
1oHNSON ECONOMICS 'SERA:ARcArrECrS% H&A CONSJRUWON
M. COST PROPOSAL.
The-following budget estimate conforms-to the.City's identified resoure"-foethis project. 13ecause the
scope is subject to refinement, we.remain flexible.to make changes: if''necessary. We propose to
complete the pr6ject for o,cost not-to-exceed $53,480, lnd/uding expenses. The,precise hours and
amounts associated with each tearrl member and subtask may=be subject to;further refinement:
ESTIMATED:BUDGETAND.AWAS'OF ftWONSlS M,
a an F4
IoAhmori Bit Y. �iam4aoei' Re&iBi 1r�fns ,
Pn6edpb/ Yr I1R S}cDealyner Addr70as •Oen lia720
7bW
$19s Ss2o.; S o 5t6o Cost.
4 4 a 4 4. 3,3.ia0
LI.MeAssessmait4 4 $480
22:IIAarkeRCondlticas,SaAMysndDemaad 2 40 42 •$5.190
23:0eval0p,eW%ftecoeianeml8u0res. 2 a io :$1.3eo
Drs'ftM$?IaetStudyand0evelopmeniROOM 10 10 $1;200
Final INailoet Stedy pnd'Deveiopment Report 4. 4 $480
3.I:006010P Coneept al Deveiaan entPraVams 4 4A 4' 16 $2,540
32:PrdintieraryConcepaial Willi= 8 36 8 52 $8,320
33:PrdiminarYCosfra6mata '2 24 26 $2;840
IA:MWimPrcQedTearnMeWng 2 2 2, 2, 2; 3 13 $1,9,05
3S:,Ra6neC6n6*0Wal NniSm 4 8' 4 i6 $2;560
Draft6nceptSitePtansand Wssing 16 '16 $' $.6;400
InitialacidRa'MCostMinato 2 12 14 $i,sao
FinelCaicept�ffiPVaiisandMassing A IA 14 S2240
41:Pro Fame Malpis 24 a 1 33 $5.800
4'IclreterimProJectTeamMeseNng 2 2 2 r 5950
4.kFinancinBStraftes 12 12 $2."o
A rXOA P—entatian 3 3 3 3 12 0.965
Draft Pro,'Fahh�MaIvsis 2. 2 $240
Draft Pablic(Private'FieamMSStaateg es, a $960
Final Finan.dol Analysis and 5trateo";Repart 16 16 ,$1,920
1_btOl1A 43 127 ' 4B 87 M .89_ SU
oWtebwCa tfw $8,35'1 $15;M ; VAN $18 20 $4.16D• '$4.095 $53.460
Reirtibursible Reenter. $6.W $1:500 S2,tDo
7Tlplt PA`AKCTCaIST S38pao
1
Pitopmu:Tic w Ultsm Lbm PR&MvEtoPMENT FEASIBIIm" 11
1omtsotifcoloMics SERAARctinsm H&A CONSTRUCTION
M REFERENCES
The following references are:for .similar development feasibility or 41esign projects .completed. by
JOHNSOMEWNOmics and,SERAARCHfftcrs.,
JOHNSON EcomomicS REFERENCES' SaA'ARCN wrs REFERENCE$
Project: Project:'.
Kenton Argyle.,5ites Dev.Opportunity Study Milton Fre0ater'Armory'Renovation
Sue Lewis JoeGi11
Project/Program Coordinator Pro1ect.MAnager
Portland DevelopmentCommWon Oregon MiiitaryDepartment
$03-823-3331 503-584-3559
lewissggpdc.us Charlesjgili:nfgmail:mil
'Project Project.:
Metro on-going Development,Feasibility:Studies ODOT Headquarters Renovation
Jon Williams Virginia Carey
Sr.Development„Project Manager Facillkies'Maitager
Metro Oregon Oe_partment of,Tmnsportaton
503-797-1931 503-986-580a
Jonathan.wiiliams@oregonmetfo.gov Vk0h1aA;,carey@odotsW6,.dr.us
Thank you for considering our proposal. Please cont_aact,me N there are,any questions or if I can.proyide
further information.
Jerald Johnson
'Principal
JOHNSON ECONOMICS,LLC
501295:7832,Ext.111
jwj @ johnsoneconomics.com
PRoPosA<:'TtMo URBAN LOFTS PRE=DEVELOPME TFEASIB WY iZ
JOHNSON Eeoeonnics' "SERA AROMCM H&A COasTRucrioe: