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Johnson Economics ~ C170013 CONT CHANGE ORDER/ 13:125 SW lialiShtd. SUMMARYAMENDMENT T ,Oregon 97223°. Phone - (503) 6394171 T I G A R D MEW.CHANGE ORDER FORM ' Fa.-(5Q3)684-7297 ' www.tigard-or.gov Project Title: Urban Lofts Predevelopment Feasibility Project Manager: Sean Farrelly Contractor:Johnson Economics Original Contract#:C170013 Effective Dates: Change Order/Amendment Amount: Change End Date Accounting String: 940-9000-54001 Amendment Percentage Running Total: 0/0 Aminsuoitorr DETAILS Change end date of contract from 7/31/17 to 12/31/17 CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING FO CHANG) "ORDnER/AMENDMENT Allow more time to complete project BEGET IMPAcr AND,RE'QUIRED, rIO 1'S No budget impact REQUESTINGIROIEOT,MA AGEII APPR�r. STAFF &m► lite . ._„ Contractor is hereby authorized by the City of Tigard to perform CONIVACTOR. 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 s ' attxre 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 ------r: . • nide of Amendments cannot exceed the project's FY budget. 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 17th 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 June 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 '141 a,t,--0AS3:-- Signature Si tur Mar-"t t. c1 Ef i,s2 Jalf•-lSvvt Printed Name Printed Name gi/71Zr 7 Date Date Contract#(2,r7oN3> TIGARD CCDA CENTER DEVELOPMENT AGENCY PROFESSIONAL SERVICES AGREEMENT TIGARD URBAN LOFTS PREDEVELOPMENT FEASIBILITY THIS AGREEMENT, made and entered into this 17th day of August, 2016, by and between the Tigard CCDA Center Development Agency, hereinafter referred to as the "CCDA," 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 terminated 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. 21Page 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. Ownership 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 party 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. 31Page 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 4Page 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 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: 5IPage 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 1 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 vehides on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. D. Workers'Compensation 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 6 I Page 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 indude 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. Primary 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 dause 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: 7 I Page 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 terminates 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 terminate 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 8l Page 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 full 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 and Making 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: Attn: Sean Farrelly Attn: 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@tigard-or.gov Email: bwb( johnsoneconomics.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. 91Page 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 shall within 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 10IPage 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: 11IPage 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 dear 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 termination 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. 121Page 27. Complete Agreement This Agreement,induding the exhibits,is intended both as a final expression of the Agreement between the Parties and as a complete and exdusive 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• 0 By: Marty Wine,City Manager By: Authorized Consults sentative e3/ .9_0/lam 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 CCDA): 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. 141 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. 151Page 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 I Pagc joH.NsoN ECONOMICS August 3,2016 PROPOSAL TIGARD URBAN-LOETSPRE-DEVELOPMENT FEASIBILIW. ctrYOF TIGARD ATTN:JOE BARRErr 411.'MOAT.ANALYST Mri'Barrett: 43125 SW Hall Blvd. Tigard,Oregon JOHNSON Ecotiotoics is pleased to respond to the City's Informal request for proposals 97223 for conceptual design and feasibility analysis for the Tigard Urban Lofts project: The' attached proposal lays:forth our r,team's qualifications, experience, and approach to Complete thetaSkSeeceitaryOutilnedieyOur.reOeit, Our proposed.team. includes JOHNS0N.ECONOMICS, and SERA ARclierters.. Our team, provides a strong combination Of'real estate market and feasibility expertise urban design and architecture Development costs.estimates would be provided by H&A CONSTRUCTION.Our firms haveextensiveexperience working with each other and ferjUrisdictionsef all sizes'attest theregiort. Our,team is familiar with Downtown-TigartF:and.the-subjeCt,Sitet, having worked on multiple'development opportunity studies and,,other:projects: in the area. We previdOsly'helpedatsess,thedevelopMent feaSibility:of the subject sito$:in.2009,in the midst of'the recession.: 'Rowever, OcisitiVe.04e0t;t0,0,s/over the last few years, combined with and planned0,0*,44ndtranspottatiooprOlootilti DowntoWn, Tigardonake OW a goOd bine tereaSsess the potential ofthesekey.sites., The following prepbtal,lays'eut.our,tearri'l.9411fiCatibns'and approa0hto thls project following the format;:specified-by the MFR.. ',Please,contact me Uthere are any questions or iflOOO,provide further itlforMatiOlt;',Oril*hilf.Ofoutteirosi thank you for consideringoOrproposall4nd.tiookiprward'w heath*your respente. Sincerely, 1,! Jerald Johnson Principal JOnNsorg,Ecoriomics,,LLC 503.295,7832, jUrj@johnsonecOnofniet.coM 621SW ALten,6**606 PorniAND;OR,97105 5031295-7832. S03/2.95.4107(tax) www4ontisoNEcotowcs.com k 7 I. FIRM CluAuncArioNsclit EXPERIENcE A, BACKGROUND OF FIRMS JOHNSON.ECONOMICS JOHNSON Et.pRoMict.LIC offers a full range of real' estate market analysis and ,A I economic development services,with extensive experience in a wide ranged land — — USEtand development forms. Development Peasitillity&OpportunityskerAnalysis 1Q.1-1 NSO'N Redevelopment,Revitalization,and Urban Renewal Planning ECONOMICS Economic and Business Development Planning, commesylallindeAttrial/Restdentlat Market Analysis Land the and,Regianal Economics Market Fatecasllog JOHNSON EcoNomics serves ;a diverse mix of clients, including government „and public agencies,. corporations,developers,Institutional*Wetter&financial Institutions and non-profit organizations The: diversity of our client base has allowed our firm to approach the development process from a wide: range of peripettives. As a leittit,„.We'.have developed a comprehensive understanding*the factors necessary to encourage,. facilitate and direct development In support .Of public policy ObjectiVet. JOHNSON ECONOMICS•regularly melds public policy With market and finandal realities,producing reliable and'realistic advice. JOHNSON EcoNomics,has.served as the leadconsultant or sub-consultant on development opportunity studies for specific sites as well as broad revitalization studies Of-downtOwns; town centers and main streets of all'sizes.and configurations across the NorthwestWe..4igOlarlToetrotto forecasting and development analysis**the Portland Development Commission other large economic and renewal agendeSin the region. ,lomrisOri ECorii0M14:isan OtegOn CertifiedES8(81078). SERA ARctirrEcrs Headquartered in Portland, Oregon,SERA IS firm committed to ) sustainable design for the built environment We offer dientioXpeztioininiegrated architecture,sustainability,Labatt deign and:planning,and interior riesign.'SERAis E 'R. A proud of our 48-year history of creating successful, award-winning projects that. strive for a sense of beauty,proportion and specificity of place while Maintaining 1 fUnctiOnality and dUrability over time: SERA is:COMMitted,to providing eXcellent client service,and we have a proven track record of projects on time and budget We only take on work that we know we'can deliver to SEWs recognized standard quality.Our focus on listening and learning ensures that our projects express the unique needs and aspirations.of our clients and the communities we serve. PROPOSAL:.TIGARD MAN tons 14*-Dzvetopmeir'Fyiaelny Ramses ECONOMiCS:: SERA ARMTECTS, FigtAC.OnsatucTion 40 ill Urban Design t_Planning SERA's Urban Design-4. Planning .Studio' was started: in.;001;;..and'offert strategic .visioning,-;planning,, landscape architecture,and urban'design public'and private sector clients engaged in the-creation of sustainable communities,cities and regions The Urban Design+Planning Studio engages in abroad array of planning and urban design services,including framework.and concept.planning,,urban revitalization and re)development plans,streetscape design, corridor.planning,facilities and campus.planning,sustainable community systems design (civic.ecology),,and transit-oriented designand development.SERA's planning, teams iise.a yarietyoftools torotielpusergups articulate and.visualizethe concepts'beingtested: H&A CoNstRuariop Recognizedas an innovator;in,our industry,F1&A*Construction Company;provides an.extensive,package' of pre+construction.services that Include preliminary:cost estimating,,design analysis,'constructabiiity reviews, value engineering, .scheduling, ,program phasing; management, .and• client/de"sign team partnering. We focus,our efforts.on team particlpation.to make,each•client's,construction'experience positive-and efficient:. We work.closely with our;clients, building:committees, architects,a engineers, and our subcontractors .and vendors to; ensure that we understand a'n'd exceed our clients' needs and expectations. B. KEY STAFF BRENDAN tuft ro,SENIOR:PROJECTIVIANAGER.. JOHNSON ECONOMICS. BRENDAN BuCKLEYYIs:a Senior Project Manager with"JoHNsote ECONOMICS.,.He'will terve as the primary day- to-day project manager and Contact'on this project He,will serve,at lead on :analysis of Market conditions,supply and demand and general developmentconditions. He will'lead.the;drafting;of Report documents: Over the last.decade,,Brendan has managed hundreds of:projeds far'our.,firm for public and private sector:clients'whlch gives him';an'excellent.understanding:of=the.interface-of public.,pOlicy, and market dynamics: Brendan;has regular experience in conducting Market.analyses for ali!major real estate`categories:across the:iegion. Mr. Buckley has'combined experience and education:in urbanplanning and;real estate.development; and professional experience in affordable housing administration: -He holds a.Master's of.Urban Planning and graduate-level certificate:in Real Estate Development`from Portland State University,and'a Bachelor's Degree from Willamette University: He.has previously worked.for.the City,of Gresham in long range planning•andUrban Renewal;as.weil as anaffordable housingauthority... JERRY JOHNSON,PRINCIPAL JOHNSON EcoNoMIGS JERALD'JoHNsON is a real estate-market arid regional economic development dOnsulta'nt: For this.project, he'will.conduct pro forma-and cashfiow analysis of The conceptual;designs,.and advise on the market. analysis andteliverables. PROKISAL:TIGARD;URBAN LOWS PRE,agYnoPMENT FEA SISIU7Y JOHNSON ECONOMICS SERA ARcHrrEcrS H coker YRt cnoN y' 4 For the past,24 years,Jerry has consulted on a'.broad range;of feat\estate deveiopment:and•land Use economic topics,for both public-and private-sector clients: Asa Principal With JOHNSON'ECONOMICS,he is involved in research design,;economic and financial modelintand°marketanalysis on some of our.:most- complex assignments. lefty has wonted for:a wide range of jurisdictions and public agencies,as well as many of the region's major development firms and,financial:institutions. He is an adjunct professor in the PSU Center for Real Estate,andnmember•of the Governor's CoundCof Economic Advisors: MARTIN GLASmRA VAN LoON,LEEO-.SENIOR•Ut0w DESIGNER SERA ARCHITECTS Martin joined SERA in early 2015•and has been practicingurban;design and towri,•Rplanning nationally and,: internationallysince 1992:Educated and trained in Dutch and'European:urbanism, ,he applies his expertise to a variety .of projects, encompassing the•'ranging 'scales'of.regions,.`cities,• towns,. .downtowns, and. neighborhoods. Committed to community-based piacemaking,-'he:=has a strong theoretical intermit and practical expertise incomplex urban.projects'that integrate mbred*te,:high4lensity,pedestrian-friendly,and transit-oriented•design components..A common foundationyof his work's a public realm design that informs and impacts,•the morphology of the city.Martin has theproyenability to take on complex projects Ina wide Variety of contexts,and to synthesize clear-and'inspiring design solutions that are•enthusiastically.endorsed by clients:and stakeholders;Recently,.Martin's Work'has,focused On:the redevelopment,of•downtowns and; the transformation of suburban,centers into more walkable.and vibrant::places. He.holds'degrees'in.Spatial Planning and Urban Development,,and•Building Technology,from The,Netheerlands,, STEVE RAINEY,AIA LEED,.AP-PRorECTARCHITECT SERA ARCHrTECr'S• Steve•brings astrong background in programming,.spacei planningand:architectural design;,For thelast 18 years,his experience:has'focused'on programmingmming and space planning for multi-famity,.commercial, government, and retail.facilities. He is a.skilled:team;-player•and'has_experience taint projects from conception through'Completed construction,'He,enjoys the challenge;of designing efficient,;solutions within,'the constraints:of a client's budget°and schedule,•and'is.anadept problem.solver::Steve:has a Bachelor Of Arclittecture:from the University of Oregon,It a licensedrarchitect,In`-Oregon and is'a°LEED-- Accredited`Professional: DAN,*!rams,KED,AP,ASLA—Pnaia:REALMDESIGNER SERA ArrtnrucTs SERA'S.in=house Landscape Architect,Dan Jenkins,works coltaboratively with design teams to•provide a more cohesive,:enriched .concept far our:work: He-collaborates With."the:-sustainability and,design expertise at SERA to focus on public:space design,Dan's workcreates'me_aningful settings that establish a compelling sense of:piece and enhance the natural environment:.Dan has,a thorough;background in. the City of Tigard having designed.numerous public.spaces and,sustainable:site projects. Fie has a Bachelors in Landscape Architecture-from•the University:. of California at-Berkeley and'is .registered landscape architect in Oregon. peoositt.:,'"nstien URean torts pRE ioPMErd Rig-tinny JOHNSON EcoNoMt s SERAARC+itrEcrs H&A'CONSTRUCriON C. RECENT PROJECT EXPERIENCE The following projects represent recent and 'relevant"::experience,: including deyelopment'feasibility analysis and transit-oriented design experience. As requested in the IRFP,the'examples are limited to three,•however our team has decades Of•experience with,'projects•of this tYpe from across.the region: PDC:DOwNTOwN.KENToN REDEVELOPMENT&DEVfLOPMENT OPPORTUNITY STUDIES The Downtown Kenton District is a small,•historic,,commercialarea in North Portland that has struggled over the alongst Denver to attractand' long ssuuffered`fro a highstorefront,vacancy rate; commercial seril es notcesnot complementary'to a neighborhood commercial•core,dilapidated buildings,,and.the;perception:of crime, JOHNSON ECONOMICS and SERA Were hired as part of an urban, design and economic development team to developsoncepts• y` that could be implemented In the near'term to-revitalize;this, ,4' i ; r once-thriVirig,••wooing-class'neighborhood tenter. Our team performed development feasibility studies for'1k,opportunity sites,in the corridor to assist property owners with future development planning.. Pro forma analyse.was applied 'to } mixed-use,transit-oriented design concepts to test viability:.N: r JOHNSON ECDNOMICS was again hired by the PDc:in 2015;to -- = _ • provide•updated development•feasibi ity analysis,of threelarge.sDs at-the:Northern,edge of Kenton,two owned by the PDC and one owned by TriMet:. The.studyresulted in site designs and feasibility analysis'for dense.mixed-use,solutions,with planned af€ordable housing.component •SERA.was.subsequentlyhired by the.PDC to prepare the'Denver,Avenue;.Streetscape Plan.:The tean\•designed:conceptual and schematic streetscape plans for N. Denver that addressed'several design challenges,,including accommodating the parking and loading. needs of 'local, businesses, integrating ."green street" "storm water treatments, Incorporating Kenton's rich,history, a anding ands improving'the:pedestrian,realmvestablishing.public:art throughout the corridor,and:designing;a compelling:streetscape:that.theCity-would be able to Construct and reasonably Maintain. PDC:LENTS URA MAIIIE'T ANALYSIS&•DEVEtoPMENT TUNIT STUDIES; Since•70'L2,JOHNSON EcoNoMics has undertaken a series of market 17' •i analyses for the PDC.of the Lents Urban Renewal area,.culminatirig in a series of development feasibility studies in the area in.2015 Ci °;, i The analysis looked'.at six separate pubiically-owned properties-in he Lents Town'tenter and a the opportunities and w i challengesfor each for a ra of-development The.Pmenistypes. study included in-depth market .analysis °of the Major real estate o categories,, including market •trend,. supply and demand characteristics. The'finfinding-resulted in a matrix of recommended ;R potential uses at each site,as.well as estimates of achievable rents and absorption anew built space PROPOSAL' TIGARD URBAN LOFTS PRE-DEVELOPMENT FEAS19IUTY S JOHNSON Economics SERA'ARCHittCI'S: H&ACONSmutrIon 1 The:studystudy.has informed the PDC as it.moves fonArard With,new partnerships to redevelopsoMe Of the..key sites, in what has been one of the neighborhoods most retistarit to redeVelOpment. Jerry,Johnson has. continued.to advise the PDC on these iransaCtions. One of therrsites-at 9101 Foster Road.is moving forward as a mixed-use building which will include both market-rate and affordable units at.a key location in the Town Center. MODEM BELMONT SERA AacurrEcrs provided tht•designanclarchitecture.behinclthe.new1Viodera Belmont,one of the first residential developments in a•histOricallylndtittrialaret of Portland's eaStside... Now under construction,. the Modera'Belmont Apartments•is poised.to bring',Vitalityto its neighborhood Located lutt.Outside,a historic district and an industrial zone;the'building's design takes.cuesfrom the nearby warehouses While the, Modera Belmont stands out : 7';',',".",7"i'T now as.a modem and iconit,buildirigwith, bold massing,,it is designed to tlecomCa, cornerstone building that l:ilends'into•the 11 * urban fabric with the anticipated.future 1 - growth of this area. 1' I }The ground floor is devoted to retail, ‘, 17' tII helping contribute to the Vibrant.nature • '‘,.• :•?'„ .1' ••„" •i; VElf of the street,with a mix of studiosAofts, one-bedroom and two-bedroom • cr_ apartments on the .upper five .stories: Resident amenftyspacesinClirde a'IoUnge adjacent to the lobby,as Well.as a-•fitneif mom, bike and repair room on•the first floor. Upper floors feature a video game room,a cOtrhoh,roorh:on'Thelop,00,404tr(Oftql,terrace with•VieW5 of the river and downtown, kcentraj courtyard is'segmented to provide a public area along the street; With priVatespaces further back. The courtyard also manages all of stormwater on site through elegant concrete,steel and wow!,plahters: II. PROJECT UNDERSTANDING AND1ViETHOOOLOGY A. PROJECT UNDERSTANDING It is our understanding that City of Tigerd,ls..seekipt:a,cOmphant:1:010 with a range'of professional expertisein real estate market•analysis, development feasibility•anallsit,and design and architecture, The consultant team will develop three 'alternative conceptual designs for redevelopment of two adjacent parcels in Downtown'Tigard:, The designs will lie-basecLuon'inidal'ffiarket analysis, and then tested for cost and feasibility.. The'consultant will assess the feasibility gap faced-by the alternative designs and recommend strateglesforbridging this gap to.iMproVe theOpPOttunityfordevelopment. PROPOSAL:TisAiiothiMN LOFTS PRE-DEVELOpMENT FEANNUTY JOHNSON ECONOMNS SERA ANCHirtcis, H&A CoNSTRuOnOrt IR The are,well tocated in theheart Of DOwntOWOligerd;' ThelargerSite serVesattheTlkatt Transit Center,operated by Tr.lMet;providing,access to regiOnalbui-foutet.and WES rail CoMmuter, service. A.number of-projects•Impacting:tentrat•Tigard.make this an opportune time to consider the future of this site for both transit service and transit-oriented development This site is currently subject of a concurrent prOject'cONIOerrit how to recOnfigureandierrnedifYoPerations;to allow for partieforfulfredeveloprrient The second site is a privately-owned site located at a key corner,ort,A4ein street,. This site Offersa redevelopment opportunity, and being i adjacent 10.the•TriMertitei, allows for a potential larger development program across two sites. The goal:of project Is to•ProVideliaCkgrOundatialik,COnteptual tiesigns, financial,analysis(*the• designs,and Implementation strategies A seriesof omwAtIctProi deliverables will ajloiN,4bi City to re**400 toe the analysis as the project progresses •Theend*Odocts WilVUepretenteritetheCity Center.DeveloprnentAgency,, We propose JOHNSON EtdOcimici,as consultant 4.0HNON•t•c0i0+40,will be responsible for',completion ofmarket analysis, rra•(*(Sing on the'deirelaprnent,,ptograrn, pro forma analysis, and Implementation itrateglei. .4ERAArtrarectt wilt be responsible fOr creating and refining!. the onion, design, site plans and renderings that,will •constitute the toritepti1.deigns! H&A Corlsritucrity4 will provideCost,estlinatiatiSerVitis: APPROACH ANfrIVitt14001406Y- The following so:petf*otic'is,meant tO outline our basic approach and'Methodology for:this,prOjeOt. The scope mirrors the Sequence,Aasks,,andfdellyetel*indiiiiedfin the IRPPWe understand that the exact scope and extent of the ferAtili-orige4,*ay*futtheer06eri:Otera consulting team is selected. Theonly major addition:it-the recommendation to pelOrtr:(,an)-nithif et*estimate OO the prelintinary, 1conceptualdeSigitv(TaSk,:44):is.:101.01„iireOped cost estimate the final conceptual designs(Task OS)tif necessary. ThiSchangeleinclinialltheloilewiritScope:eridOittprOpotal, PROPOSED SCOPE 14.41t4,pRoitt(INMAtION.Aii)KICK-OFF MEETING Consultant teol Wilfinget‘With:',qtviTomotaod,metroltaff.to:retonfimithent(414,OPjactiVes, 1 scope of Work;bucfgeti)Oint."!LIPc!,15110leS1 rne*O4.0101 .andOtherelernentS,Of the prOject. theinitietten will also include a guided tour of the site by City staff to.*pti0e,100.40004 on the project area Task).JOInt:DellVerabletICOnsultantand City) A. -finalizectpreject:scOpeitChedUrearlOudget ilnerioSet:-TreAROLleae-ntocrspitoolei.raytorri:EAsesuri JOHNSON Economics SERA Aerated* H&A cOnsteucnon 1.I TASK2;.IVFARICET ANALYSIS AND.REPORT 2.1 Survey,the subject.propertiesto evaluate strengths and Wealmesses with:respectto eachiCifthe candidate land uses(office,residential and focus on the following physical and location attributes:local and regional accessibility, visibility, character and type of sUrrounding landuses, site configuration, and other factors that may become evident duringthe site analysts In.addition,,d0Ciinienithe entitlements,including current zoning,and Downtown planning goals. 21 Evaluate the supply'and. deMand ,charaCteristics kir three: different land :use types. in:the Downtown Tigard market area Residential; Office and.Retail The.stOdy•:will.reflect current market conditions,but can make reatonableassumPtiont..about future trends over a:fiveyear period,and impacts of other anticipatedpr.Ojects and improvements in Downtown Tigard, The CcititUltantvtliundertakingthe following analysis for each land usetype: A. Delineate the,primary (demand) and competitive (supply) market areas ,of'which the project WoUldbea.Oart„, B•. Analyze the supply of comparable units or real:ostate. Space within the 'Market'by surveying'a selected'.sample:of competitive and/or comparable developments identify, relevant planned and.pioposedadditionSIO the competitive inventory C Analyze key regional and.sutmegionaisocioeconomic variable whick,have a,bearing on' demand for real estate'types, including population.and;household growth,employment growth by sector,turrentAnd projected household D.. Develop demand forecasts for teat estate tYpeiln the primary market area based on the. following: the eboitegrowth measures, historical,.absOrptiOn,trends, competitive advantages of-the relevant inarketerea,andother qualitative demand factors,. Evaluate the market',potential fordevelopment at,the subject jog** in view of:,'the magnitude'of demand in the:market area et-a whole, occupancy rates,among:existing projects, projected•competition fF00'-'00.1eits,•--that are:either:,under construction or proposed,and the competitive advantages of the subject location: F. Assess key Investment criteria, including market depth and characteristics, achievable lease rates;tenant improvement allowances and parking requirements Provide recommendations on the petential.characteristics Of each real estate type' for instance,type of housing and,number of units,square footage of supportable office retail and potentialtarget tenants, 2.3 Translate the :preceding. research. a'* analyst* into. Market-driven development recommendations:The.fiollowing prellminary.parameters.viillbeaddressed: A. Supportable land uses and land'usemix that 1*PreseiltS,the*hitheSt and best use of the subject property; EL Size/state and type of opportabwisfOtt*OprigNets;, AChieirablesalet prices and rent levels;: PaoposAt!-•Tioaiitt(*AN O . PR LOM FEAvonny8 Join EcONOMs3 SERA ARoptcTs FAA CorisTOOON D. :Parking.requirements; Achievable absorption levels,by use Development timing and phasing;and G. OVerallproject orientation. Task 1Consultant Deliverables A. 'Draft:Market Study.and.DeVelopment AnalySliteport Final,Market Study and DevelOpirieritAnalysISReOrt TASK3t CONCEPTUAL DESIGNS AND COSTESTIMATES, 3.1 Based On findings of Task the co.nCurrent.Trantit.Center ReconfiguratiOn.andOperations Ptak and site design considerations,.the design members:Of the consultant team Will formulate specific programs for three development that to be refined graphically and evaluated financially The City Will be.Consulted,oiv.t60.proposed developmentaineeptts.:Fkorto moving forward, The three conceptual siteplant will include:, A. ,A project on the Nicolls4 and a portion of the Trantit Center B. A projecton both:ateL. C. ,A project thatintorPUrat0Tranilt Center functions,wholly Or partially underneath-4bUift tirUcture, 3.2 SERA Architects win prepare-.'three sets of Conceptual demo* based on the:developMent concepts Identified above; These conceptual designs will provide planning level Site:plans and- renderings-that proVidegraphiCrePreetibitionof the following: A. Bliiidingfootpiihts; B. Basic unit,program andcomMerciattpac.eProgram: C. .Parking configuration, Provision:of pUblicSpace:and landscaping; Connections;to the.areatreesit,functions arid surrounding properties, High4eVellincieringkpreSetttingtthe Potential building massing effects, G. The contepts.Will,help.identify ConitruCtiOn-typev endinatUriais. 3.3 Consultant will generate planninkleyel .estimates based On the-preliminary concepttiO' designs, including:estimates of hard and development cot*:'The:-consultant Will,provide planning-4e*feedbadonCOnsidetatiOns.Whid)iriay,l0Wer Or raiSecottsbuthedtitigns. 3.4 Consultantwill hold an interim ineeting:Withll*Project Menagernant Team to review the Initial conceptlial detigns and cost estimates', PROPOSAL;.TIGARD:URBAN LOFTS PROEVEL014011:FEIk1181411r 9- Jouusou Etortomics 00,4gqinECrs NBA cotismucuoN 3.5 :Based.on feedback from the Project Management'TeaM,the constiltantwill refine ad finalite the three conceptuatdesigns. Consultant will provide revised cost estimates for the final design,: if necessary. Task'3 Consultant Deliverables: Initial Conceptual Site,Plans and Massing Studies B. Initial and final projeCt.chtt estlinates C. Final Conceptual Site Flans arid,Massing Studies TASK 4:FINANCIAL ANALYSIS AND IMPLEMENTATION STRATEMES 4:1 Consultant will develop a pre-tax pro forma and cash flow model to tat::the :financial. performance of the three conceptuaidesigns.,The pro will Integrate estimate$of thifollowing. A., A specific program for.each scenario Including thetypesandirnix of uses;, 8.. Phasing schedides; C. Site development,costs foreach scenario;; D. Hard Construction=St- k. Stift,costs including government fees, professional fees, leaSIng/marketing,Open*, construction and permanent financing feesendCtinstruttiOninterest,,andhther charges:: Revenue/sale priCeSandleaserateS; Dn-going operatingexpenses; Permanent debt service based opokloan.thvelOw ratio tar debt ierviCe coverage ratio); amortization period,.anct:iiiterett rate; I. Market eicpectatiOnsofcapritesandirkternal rate,of,return. 4.2 Cptistittant will holdeninterim,meetingWithlhe PrOjett Man,agernent Tearn to reOevithe initial pro,forma 'analysis,:including finding and Implications of the analysis,InciOding identified funding gaps.. 43 Consultant will hotline potential financing,and incentive strategies to improve the of the conceptual developMent*,by addressing the 'financial goof any,identifiedby the pro forma, analysis Thestrategies will-includeva range public..artd private financing sources, including those available for.affordablehousing,.transit-oriented development, and public properties. The analysis wilt include a. matrix of potential:tools and funding sources, .and conclusionS on-whickmaybemost effective forthe Specific conceptuaideSignsceriarlos. 4.4 The consultant-willattend and.stipport presentation.,Otitis prOjett and its finClings.to the City Center Development Agency Board Task 4 Constdtani Delhrerables: A. Draft and Final Pm Fortna.Analysi s B. Draft Public/Private FinancingStrategiet. C. Final Financial Analysis and Implementation Strategies Report: D. 'Support fot-CCDA PreseritatiOn PROPOSAL:TIGARD URBAN 1.0FISPRE;DEVEL9PMENT Mawr( JOHNSON EcObiotviits SERA ARNITECIS H&A ConsrauerioN i Il- i III. COST PROPOSAL Thefollowing budget estimate confOrms•to the.City's identified resoUrtes-fOr this project. &tau-Sett* scope is subject to refinement, we.remain flexible to' make thaoges, if'hecessary. We propose to complete the project'for 0,cost not-to-exceed $53,480, Including expenseS. 'The:precise hours and amounts associated with'each tearp,MeMber and subtosk-maybe.subjeOttofurther refinemebt.,. EattiViA10:13b0GETANDAREASOFRESPONSOPLI1Y:, ___ ___ ldhiison Economic.;SERA Architects 1-4&A Totals hflwn 'iiiiikiNi lininirstiaidenr Raieie Jitiiiii, Const. . Prkwlibt Sr.PA Sr Designer Aahlie1 1:Siis1finer ,lii60:44 Vital• 'Mb! 185 • $320:,-, $160 $130 $160 $105 .tkitott .CO0 111111=11113111•1111111 Li:Mad!lAsetingitite*sit, 4 4 4 4 4, 20 44,2812 Task 2: Market Analysis 2.3:Site Assestment 4 4 5480. 22:ailaikeiCondithins,5unply anti'Demand 2 40 42 45358 23:Development Receinmendattons 2 8 10 :51.350 Pdiielfdat Weft Ma tket Sludy a nd tievelodnierit Report 10 10 51.200 F.11411*ittEt stigklin4 Dest14Piren li_Mel 4- 4 $41.30 Task 3:Conceptual Designs 32 op ConteptisalDeselopmentlitagrams • 4 4 4 4 16 $2,540 32:Preliminary Cenci-tin-oil Daiwa 8 36 8 52 $8320 33:Pfeil nsinary CostEstimates. 2 24 20 52,840 3.4:Intetim Pro)mason Meeting 2 2 2 2, 3 13 $1,305 35:itefine Coneeptial Designs 4' 8' 4 16 $2.550 arkardiki Drattioncentilte Plans mid Missing 16 16 ir., 40 55400 Initial an:thin:it Cast Estimates 2 12 14 51,580 RnalConcept$1te Plans and Massing 4 10 14 52,140 ask 5:Financial Analysis and Strategies 41:PO Fonni Analyili 24 a 1 33 $5,800 4.2:Interim Project lea/flake** 2 2 2 6 $358 43;Rnaniing Strategies 12 12 51;440 44i*DA Presentation 3 4 3 3 12 33.305 Ogibilbilitar I brati3Ore Fantle Analysis 2. it $240 Draft Publi Orly*Financing Strategies8 Al 5960 Final Financial Anatysis and Moteginsitepnrt 16 36 A1,929 TotatiNouri: 43 0 ..1247 44. 87.' 26 89 334 Tot&labor Casts: WO 515.240 ; OAR -03;924 $4.160' $4.035 .MAO ReNtiburSIble,Ekpentes: OOP :WOO PAN. TOTAL PRowerthili 44480 PROPOSAL:TIGARD URBAN LOFrs PRE-DEVELOPMENT FEAsjellyTY 11 JOHNSON:ECONOMICS SERA Aftairitm H&A OfINSTRUCTibit IV. REFERENCES The following references are.for similar development.feasibility,01, design projects Completed. by JoHNsos.EcoNomics ancISERA ARCHITECTS. JOHNSON ECONOMICS REFERENCES SEMARCHTTECTSREFERENCES Project: PrOjeCt, Kenton Argyle:Sites DO.Opportunity Study Milton _FreeviraterArmory'Renovation, Sue Lewis Joe Gill Project/Program Coordinator Project Manager Portland Development Commission Oregon MilitarVDepartment 5034234331 503-5844559 leWiss@pdcms Charle4g0Lnfg@mail.mil Project: PrOject:: Metro on-going DeveloprnentoFeasibility.StUdies ODOT Headquarters Renovation JOn Williams Virginia Carey Sr.Development Project Manager Facilities'Manager Metro Oregon Department of Transportation 503-797-1931 5034864800 Jonathan.williaMs@Oregonmetro,gov VirginiOicarey@OdOtstate.Or.us Thank you for considering our proposal Please contact me if there are any questions or if I can provide further information. Jerald Johnson Principal JOHNSON ECONOMICS,LLC 503:295.783Z Oct.ill jWj@johnsoneconomics.:CoM PROPOSAL:TIGARD URBAN LOFTS PRE,DEVELOPMENTRASIBli.rfy 12 JOHNSON EcoNomIcs SERA AitcHrrEcrs: HiAtoiisniUtribic