Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Council Packet - 06/10/1985
{ t TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate JUNE 10. 1985, 7:30 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH, ask to be recognized by the Chair at the start `10865 SW WALNUT of that agenda item. ' Visitor's agenda items TIGARD, OREGON 97223 are asked to be kept to 2 minutes or less; longer ! matters can be set for a future Agenda by con- ! tatting either the Mayor or City Administrator. 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 3. PRESENTATION OF KEYS TO THE CITY o Mayor Cook 4, SDC REBATE - PAC TRUST o City Engineer S. CODE CLARIFICATION -Section 10.164.030(1) - Street Naming o Community Development Director 6. LID COLLECTIONS DISCUSSION o Mr. Bob Detmar 7. SIDEWALK POLICY DISCUSSION - o City Engineer 8. CAPITAL PROJECT/LID DISCUSSION THIS ITEM WILL BE CARRIED OVER TO o City Engineer THE 6/24/85 COUNCIL MEETING 9. CIVIC CENTER 810 AWARD AND CIVIC CENTER COMMITTEE MEETING o City Attorney, Administrative Assistant, 6 Architect 10. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 10.1 Approve Council Minutes - May 20, 1985 10.2 Receive and File Community Development Land Use Decisions 10.3 Approve Resolution No. 85-38 Reappointing Wally Hoffman to Budget Committee - term expiring 6/30/88 10.4 Ratify approval of OLCC Application - Jackpot Foodmart, 15900 SW Upper Boones Ferry Road - PS Application (Change Ownership) 10.5 Approve OLCC Application - 7-11 Food Store, 10650 SW McDonald - PS Application (Add Partner) 10.6 Approve ICMA Expenditures for City Administrator 10.7 Approve Crow Lease Agreement 10.8 Accept Public Improvements - London Square II - Resolution No. 05-39 Summerfield M 8 - Resolution No. 85-40 10.9 Approve Sanitary Sewer Compliance Agreement Y Bond - Meadow Creek Commercial Sanitary Sewer 10.10 Approve Street Dedication Compliance Agreement t Bond - Springwood Cul-de-sac 10.11 Accept Street 6 Greenway Dedications (MLP 6-84) Elton i. Joanne Phillips - 100th Avenue 10.12 Accept Street Dedication (MLP 3-84) Remkeit/Tremain - 121st Ave. 11. NON-AGENDA ITEMS: From Council and Staff 12. ADJOURNMENT lw/2792A COUNCIL AGENDA - JUNE 10, 1985 - PAGE 1 .a 7. - - T I A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - JUNE 10, 1985 - 7:30 P.M. 1. ROLL CALL: Present Mayor John Cook; Councilors: Tom Brian (arrived at 7:32 PM), Phil Edin (arrived at 7:36 PM), Jerry Edwards, and Ima'-Scott (left at 8:40 PM); City Staff: Frank Currie, ' City Engineer; Joy Martin, Administrative Assistant;, Bill Monahan, Acting "City Administrator (arrived at 7;36 PM); Steve Crew, Legal Counsel; and Loreen Wilson, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS - None 3. VISITOR'S AGENDA a. Tracy Graham, 3106 NE 36th Place, requested Council approval of a variance for a special event liquor license to sell beer at the Affordable Street Of Homes from June 14 to June 30, 1985. She stated the area would be fenced and patroled with proceeds going to the Affordable Street of Homes and MS. The `Police Department has recommended approval COUNCILOR BRIAN ARRIVED: 7:32 P.M. Motion by Councilor Edwards, seconded by Councilor Scott` to approve variance. b. Mr. Hal Lyster, 15624 SW Alderbrook, complimented the Council on the signing of a comprehensive employment agreement with the City Administrator. He also requested that in July or August (not 7/8 or 8/5) that employee benefits be scheduled on the agenda as he wished to speak to the Council regarding these issues. Mayor Cook stated Mr. Lyster would be advised of the date. COUNCILOR EDIN 6 ACTING CITY ADMINISTRATOR ARRIVED: 7:36 P.M. C. John Kroger, 21590 SW Martinazzi Avenue, requested a waiver of planning fees for Christian Charitable Ministeries to hold retail sales of fireworks in the City of Tigard for July 4th celebrations. Council directed Mr. Kroger to work out request with Planning Staff as there is a process which can accomplish a waiver of fees on the staff level. A. PRESENTATION OF KEYS TO THE CITY a. Mayor Cook presented a key to the City to Utility Equipment Company, noting their continued support and assistance with the annual City Christmas tree lights at each end of Main Street. b. Mayor Cook presented a 'picture of the Tigard Windmill to Bruce Clark for his 12 years of volunteerism to the community by serving on NPO #2, Chamber of Commerce, and the Economic Development Committee. Page 1 - COUNCIL MINUTES JUNE 10, 1985 5. SDC REBATE PAC TRUST a. City Engineer synopsized request from Pac ,Trust for rebate of a portion of the costof signalization of the 72nd/Boones Ferry intersection. He recommended that Council recognize the validity of the request as outlined in TMC 3.20 to the extent that only one thirdofthe cost be eligible for a rebate or credit 'based on traffic studies. He' also stressed that the SDC rebate should not be misinterpreted as a rebate of the 72nd Avenue LID assessment. b, Councilor Scott stated that though Pac Trust impacted the traffic in the area by 2/3, the 1/3 should not be rebated. That 1/3 of the area traffic existed prior to Pac Trust and was not enough to require signalization of the intersection. Councilor Scott also requested information on what dollar amount is in the deficit assessment rebate for 72nd Avenue LID. C. Hy Sadoff, Samak Inc. , stated the traffic was created by Pac Trust and the signals were a detriment during rush hour traffic to the rest of the businesses along 72nd Avenue. He noted that if the City did rebate SDC funds to Pac Trust other businesses in the area may bring legal action against the City. d. Tom Wiitala, Wiitala Management, Inc. , represented Pac Trust and requested Council's consideration for the request noting he felt the request was reasonable. e. Councilor Brian stated that originally the lights were installed based on growth and overall development needs. He felt the overall concept of the request was okay, but needed more facts to support the split concept. f. Consensus of Council was to have staff supply facts to support the 1/3 — 2/3 split. g. Councilor Scott requested the new Councilors be given as much information as possible regarding the 72nd Avenue LID problems. Councilors Edin and Edwards stated they were aware of the issues. 6. CODE CLARIFICATION — Section 18.164.030 (1) — Street Naming a.' Acting City Administrator gave synopsis of issue noting that staff assigned the name of "S.W. North Dakota" to the street through the Meadow Creek ' Apartment Complex. The applicant prefers the name Sorrento Road which will intersect with Scholls Ferry Road and Sorrento on the Beaverton side of Scholls Ferry. Staff is recommending "S.W. North Dakota". b. Mr. Jack Orchard and Mr. Bob Johnson, Great 14W Management, stated it would create confusion on the part of emergency service response and public utilities to have Sorrento Road on one side of the intersection and SW North Dakota on the other side. They also noted that traffic confusion at the intersection would -create ( traffic hazards. 'Paige 2 — COUNCIL MINUTES — JUNE 10, 1485 c, After discussion, Councilor Edwards moved to follow staff recommendation and name the street S.W. North Dakota._ Motion seconded by Councilor Brian. Motion approved by a 4-1 majority vote of Council present. Councilor Edin voting nay. d. Mr. Johnson requested clarification on the numbering system of the apartment complexes along the street City Engineer will contact Mr. Johnson to discuss on 6/11/85. 7. LID COLLECTIONS PRESENTATION a. Mr. Bob Detmer, Transworld Systems Inc. , presented a slide presentation on the service his company could perform for the City with collections issues. He noted he was attending at the, request of Councilor Scott. COUNCILOR SCOTT LEFT: 8:40 P.M. b. Council thanked Mr. Detmer for his time, but requested he contact City staff in the future. 8. SIDEWALK POLICY DISCUSSION a. City Engineer stated that an ordinance was prepared at Council's direction ,for adoption earlier this year. Council vote was split at the consideration of that ordinance. He requested further direction from Council on this issue. b. After lengthy discussion, consensus of Council was to schedule this item for a work session for further consideration. 9. CAPITAL PROJECT/LID DISCUSSION a. Mayor Cook noted this item will be set over to 6/24/85 for consideration. 10. CIVIC CENTER BID AWARD AND CIVIC CENTER COMMITTEE MEETING a. Administrative Assistant requested the bid be formally awarded to McCartney-Johnson of Clackamas Oregon with the inclusion of the S-1 alternate for variable volume temperature controls in the Civic Center. She stated that this item was bid separately at the request of Legal Counsel since it was from a single source vendor. b. Lengthy discussion followed regarding the S-1 alternate. Valerie Johnson, Chair of the Civic Center Committee noted that the Committee recommended this be included in the building. C. Motion by Councilor Brian, seconded by Councilor Edwards to include S-1 for variable volume temperature controls in the bid and reduce contingency for the project by $20,514, which would make a total bid award of $1,761,972. Page 3 - COUNCIL MINUTES - JUNE 10, 1985 M1� Councilor Edin stated he would support _ the motion _with the understanding that he would not support any over-rides from contingency being funded out of the General Fund. t Approved by unanimous vote of Council present. f d. Motion by Councilor Brian, seconded by Councilor Edin, to deduct Alternate ##1 - Paving ($8,457) from the bid which would leave a total bid award of $1,753,515. Approved by unanimous vote of Council present. Q. RESOLUTION N0. 85-41 A RESOLUTION ESTABLISHING THE BASIS OF AWARD, AWARDING THE CLVIC CENTER CONSTRUCTION PROJECT, AND ;{ AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN THE CONTRACT. f, Motion by Councilor Brian, seconded by Councilor Edwards to approve as amended by prior motions. i i Approved by unanimous vote of Council present. g Administrative Assistant Martin outlined the contracts and noted changes will be made based on Council's motions prior to the signing. 11. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyonemayrequest that an item be removed by motion for discussion and separate action. Motion to: 11.1 Approve Council Minutes - May 20, 1985 11.2 Receive and File Community Development Land Use Decisions 11.3 Approve Resolution No. 85-38 Reappointing Wally Hoffman to Budget Committee - term expiring 6/30/86 15900 SW 11.4 Ratify approval of OLCC Application - Jackpot Foodmart, Upper Boones Ferry Road - PS Application (Change Ownership) 11.5 Approve OLCC Application - 7-11 Food Store, 10650 SW McDonald - PS Application (Add Partner) E 11.6 Approve ICMA Expenditures for City Administrator 11.7 Approve Crow Lease Agreement 11.8 Accept Public Improvements - London Square II - Resolution No. 8539 Summerfield 0 8 - Resolution No. 85-40 11.9 Approve Sanitary Sewer Compliance Agreement & Bond - Meadow Creek Commercial Sanitary Sewer 11.10 Approve Street Dedication Compliance Agreement & Bond - Springwood Cul-de--sac 11.11 Accept, Street & Greenway Dedications (MLP 6-84) Elton & Joanne Phillips - 108th Avenue 11.12 Accept Street Dedication (MLP 3-84) Remkeit/Tremaine - 121st Ave. a. Motion by Councilor Brian, seconded by Councilor Edin to pull item 11.6 for further discussion and approve the rest of Consent Agenda. Approved by unanimous vote of Council present. E Page 4 - COUNCIL MINUTES, - JUNE 10, 1985 MEN 12. APPROVE ICMA EXPENDITURES FOR CITY ADMINISTRATOR ' a. Councilor Edwards expressed concern with Administrator attending conference after Budget Committee requested training budgets be cut back. Councilor Edin noted that this was an item negotiated in the employment contract of the Administrator. Consensus of Council was to encourage the Administrator to consider the topics of ' discussion at the conference before making the decision to attend b. Motion by Councilor Edin, seconded by Councilor Brian to approve expenditures. Approved by urionimous vote of Council present. 13. NON--AGENDA ITEMS; a, Mayor Cook announced that an Executive Session would be held by Council on 6/11/85 from 6:00 to 10:00 P.M. at Bergmann's Restaurant to consider labor relations issues. 14. ADJOURNMENT: 10:05 P.M. Deputy City Recorder - City of Tigard ATTEST: .17 or -- City of Tigard lw/2867A_ Paige 5COUNCIL MINUTES - JUNE 10, 1985 F WTkrS +P G ` ; - VISITOR'S AGENDA DATE (,D16 AGENDA ITEM - - ` (Limited to 2 minutes or less, please) appropriate sheet for listed agenda -items. buTheti council the agendal Please sign on the appro P isnot wishes to hear _ from You ourmay oitems for ther sues a future nagenda. Please contact the require that we schedule y City Administrator as to agenda scheduling. Thank you. ITEM DESCRIPTION NAME, ADDRESS S AFFILIATION SS)w� (s,.r.�} �R LlCcvtKk 1 � S EFT OF At ,Klc.bht h,roll bpnvn �� FT L k: �F o:� Date Issued OREGON LIQUOR CONTROL COMMISSION SPECIAL EVENT LICENSE APPLICATION )REGON LIQUOR CONTROL COMMISSION %0.BOX 22297,PORTLAND,OREGON 97222 application is hereby made far. Special Retail Beer License Ca $10.00 per day per stand No. of Stands No. of days. Special Retail Wine License rw $10.00 per day per stand __: No. of Stands .- No. of days. Hours of sale are from 7:00 AM to 2:30 AM.Indicate license(s)desired by placing a check mark in the box(es) above; also indicate the number of stands and number of days you desire to operate.Enclosed is a check or money order in the amount of as full payment.Fee will be refunded if license is denied,otherwise- it will not be refunded. 1. Applicant ._-__-_-- 2. Trade Name: M. �►1 ---:_;'t.1. .. }....__ __ _ ____ .._ . ._.� ___.__ ____.... ____ Telephone No. . 2_t.! 3. Mailing Address: . (Numbw <zip) ." 4. Event: Type of Event: Picnic__ Convention Fair Civic or community enterprise Other similar special event" *Specify event 6_ Person(s)responsible: _!r Address: _ ac)t __�'a _. 'r t._:L:_ _�__ - — _.— = --_`� - - lNuaherD 4w4a+'t1 WAY, 14'p) (Kaw W1VPkWW 7, Address where license will be used: f INS i IHITRet) - It tYr ,Zip) ICouMy) • 1 8. Exact location of event:. �•,��r;. ' �:_U_-�L�i . :�.._�c_�--.`<�_,,_�-----�_..__.._�_—___ __.�� 9. Above location is: Within City limits Outside City limits(Check one) 0. Date(s)of event: r _!`+ 1. Hours of operation: L( 1 'z) `i _-- _____ _ Expected attendance: -' 2. Who will receive the profits from this license: 3. Uwe understand that a false answer to any of the foregoing questions will subject this application to denial.I/we certify that all informsation submitted is complete and correct to the best of my/our knowledge. Signature: r* Signature: Date � 19— COMPLETED 9____ 3 COMPL_ETED AND ENDORSED APPLICATION MUST BE RECEIVED BY OLCC 10 DAYS � PRIOR TO DATE OF EVENT THAT APPLICATION COVERS. . tem e+ss.fe(Rev.4490) PROPRIATE PERSONS AS INDICATED BELOW, BEFORE THIS APPLICATION MUST BE ENDORSED BY THE AP SUBMISSION TO THE OREGON LIQUOR CONTROL COMMISSION. 14. THIS SECTION MUST BE COMPLETED BY THE PERSON HAVING CUE :3TODY OF THE PROPERTY ' WHERE THE EVENT IS TO BHELD OR HIS REPRESENTATTVEti f This application has been submitted to r and meets with our approval. /r 3 15. THIS SECTION MUST BE COMPLETED BY THE CHIEF OF POLICE FOR INCORPORATED CITIES OR THE I COUNTY SHERIFF FOR UNINCORPORATED AREAS OR THEIR AUTHORIZED REPRESENTATIVES. Thisapplication has been submitted to r _ GRAN`[' or — .- REFUSE* This office *If recommendation is REFUSE,please indicate grounds for refusal • —.. _ ate` •3 II�YI.kM'IIMI Rij.flt4l'3 _.'-'�-' OFFICE USE ONLY SUMMARY OF EVENT: DESCRIBE ACTIVITY,PAST OPERATION,HOW POLICED: _ ------ — -- Date received I certify that the above information has been verified by me. lDdel Certificate of Authority to operate issued. (Copy enclosed.) r Forwarded recommending staff action. Supplemental report enclosed. RESTRICTIONS: CITY OF-TIGARD, OREGON COUNCIL AGENDA ITEM St ARY u. AGENDA OF: June 10. 1985 AGENDA ITEM #: GATE SUBMITTED: June 5. 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: KEYS TO THE CITY PREPARED BY: Donna Corbet yy� REQUESTED BY: Council DEPARTMENT HEAD OK: j9/`/ n CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY The following persons are being recognized for service to the City: ?r _ Gene Simpson of Utility Equipment Company is being presented a "Key", f and Bruce P. Clark is receiving a picture of the "Windmill" for over 12 years of continuous service to the City. i ALTERNATIVES CONSIDERED SUGGESTED ACTION Receive and file. F F k CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 10, 1985 AGENDA ITEM M: DATE SUBMITTED: May 16, 1985 PREVIOUS ACTION: 72nd Ave. Assessment ISSUE/AGENDA TITLE: SDC Rebate S Credit - PacTrust PREPARED BY; Frank A. Currie REQUESTED BY: PacTrust DEPARTMENT HEAD OK: « CITY ADMINISTRATOR: POLICY ISSUE SOC Rebatefor specific extra capacity installation TMC Ch. 3.20.020(3) and 3.20.055 (copies,attached). INFORMATION SUMMARY The attached letter from Witala Management on behalf of PacTrust requests a rebate and credit for the cost of the extra capacity traffic signal - installation at SW 72nd Avenue andSWUpper Boones Ferry Road. The cost of this signal was specifically assessed against PacTrust above and beyond their regular assessment, the same as other property owners. Section 3.20.055 specifically allows for rebate or credit against extra capacity facilities required by the City. Section 3.20.020 identifies traffic signals as eligible for extra capacity consideration. Past practice has required developers to pay varying amounts up to 100% based upon how much the need for the installation is deemed to be a direct result of the development. Staff has reviewed this particular installation and determined that the developer's interest approximate two thirds of the need for the signal, and that one third is for general public good based upon observed traffic usage. �F ALTERNATIVES CONSIDERED None SUGGESTED ACTION Staff `recommends that Council recognize the validity of the request as outlined in TMC 3.20 to the extent that only one third of the cost is eligible for a rebate or credit and further that Council authorize staff to rebate SDC's already paid since the inception of the assessment approximately $15,000, and credit future SOC's up to one—third of the signal costs, or - approximately $22,000•' (FAC/br:1372P) _ gamma 0- -milrod MEMORANDUM CITY OF TIGARD, OREGON T0: CITY COUNCIL June 6, ]t985 FROM: Frank A. Currie, City Engineer SUBJECT: Item'#-.". June 10, 1985 Council Agenda, i.e. , request from Councilor Scott Councilor Scott requested an accounting of the "refund account" relative to the SDC rebate request. The funds would be rebated from the SDC fund. Councilor Scott indicated that other property owners felt they should also get a refund. The point that makes Pac Trust's request different, and in staff's opinion, eligible fora rebate, is that the traffic signal costs were totally assessed against Pac 'crust's property on the premise that the development 'created sufficient additional impact that would have required a signal with or without the L.I.D. Other property owners, including Pac Trust, in the L.I.D. for 72nd will receive a rebate based upon the outcome of several unresolved propar•ty acquisitions. The closest estimate we have is in the report from De Haas & Associates dated 2125/85. I will be reporting to you on the status of all public improvement projects on £ July 24. (FAC:br/1461P) MALA 1220 S W kft— W%Suite Wlt sMLM poroand.Oregon97205 tVtAt\tAGEN1EN'r. INC. 503/224- March 18,- 1985 Bob Jean, City Manager City;of Tigard P.O. Box 23397 Tigard, OR 97223 Dear Mr. Jean; Pacific Realty Associates, L.P. (PacTrust) is the owner of Oregon Business Parks I and 11 and PacTrust Business Center, located at SW 72nd Avenue and Upper Boones Ferry Road in Tigard, Oregon. With the Improvements provided by the 72nd Avenue LID, the street configur- t properties makes PacTrust a major ation surrounding these PacTrus contributor to the cost; of this project. At the onset of the LID, the City Council decided tth t segnylizadion shouostsbe at the intersection of SW 72nd Avenue and Upp assessed totally against PacTrust, in addition to its proportionate share of the cost of the LID. Our records show that this additional assessment for the cost of the'signals amounted to $66,678.15. During the ongoing development at PacTrust Business Center Sfisince emsD helopmant formation of the LID, PacTrust has been required to pay y �t- charges as a part of each individual building permit fee as listed below: 1 ,650.00 Pd. 9/1/83 Bldg B, 16125 SW 72nd Avenue S 1,650.00 Pd. 9/1/83 Bldg C. 16150 SW Upper Boones Ferry Rd. 1,650.00 Pd. 9!1/83 Bldg D, 16165 SW 72nd Avenue Bldg �, 16250 SW Upper Boon Ferry Rd. 4,522.50 Pd. 8/27/84 5,737.50 Pd. 8/27/84 Bldg F, 16505 SW 72nd Avenue Total Systems Deva charges paid to date $15,210.00 it is the feeling of PacTrust management that this sr charge Is In fact tngs asn amount to be used to basic city systems development these traffic signals. PacTrust therefore asks that the above amount be refunded because of the special assessment already imposed for the signals In an amount In excess of $66,000, or that it be credited toward future building permit fees. We ask that future Systems Development charges be waived until the cost assessed against PacTrust for this signalization is reached. you to discuss this matter further. 1 look forward to meeting with a Sincerely yours, tdi MANAGE om WI I l a cc:• Peter Bechen Fk opw-cy K49nager'e�rF2J�ICTt�i.J51'1<' BELOW 3.20.030--3.20 .040 (3) ' "Extra capacity street facilities means those street improvements that are necessary for public health, safety and welfare to increase vehicular traffic capacities to collector or arterial street standards on streets that are classed as collectors or arterials in Section 18.12.100 and/or in the Tigard Community Plan and the Neighborhood Plan supplements thereto. Said improvements include but are not limited to signalzation, channelization, widening, drainage work, pe- destrian safety, lighting, right-of-way acquisition, street extensions and railroad crossing protective devices. (Ord. 78-53 S2, 1978; Ord. 77-26 S2, 1977) a -a.%,_3.2 0.0 3 0 tes. A system develo ent charge is n "all lands in the city of Ti ccording to•the demands which pro d development said lands will place upon the collector an rterial s t system serving the city of Tigard as folio (1) Single-family r al unit $500; (2) Mobile home cour�trial 187.50; (3) Multifamily res300 per unit; (4) Commercial, i institutional 67.50 per parking space as re- quired by Sec- tion 18.60.120. (Ord. 84- ""i1 1984: Ord. ,78-53 S3, 1978) 3.20.0 gs ent. (a) The system development charge is immedAately an .. payable upon receipt of an application for building permit. The applicant for such p it shall pay, and the building offi l --hall collect, the icable system development charge . . to issuing any lding permit for any new construction or additions, erations or change in use which increases "%"number of p ing spaces required by Section 18.60.120. Th uilding o tial shall decline to issue any such permits unti hat ch a has been paid in full. (b) Notwithstanding sub ctio (a) of this section, in those cases where application uilding permit is made for a structure which would resu in a systems development charge fee in excess of five th d dollars, the applicant may request a temporary waiver c ection from the city administrator who is authoriz to gr t such a temporary waiver. In those instances re such collection waiver has been granted, the full rge shall paid prior to issuance of an occupancy p it by the cit nd the building official is instructed to cline to issue occupany permit for any structure which received a tempor waiver until the system development rge fee is paid it f on the entire project. (Ord. 77-26 1977) ` 39-7 (Tigard 9/84) 3 .20.055--3.20.070 r` An average cost pe neal foo ,.standard local street will be kept on file he p i ``works director and updated annually. This cost pe Moot shall be used as the standard for judging `whecost of required public improve mems qualify as a c -<�ga. t the system development charge. (Ord. 78-53 g4, rd 77-2 55, 1977) . 3.20.055 Credit for casts 'incurred in makin certain improvements at time of_development. , In cases where the in commission, sate development plan and architectural planning review board or planning director determine that cert public improvements are necessary to protect the public health safetyand welfare before development of a parcel of land of these required improvements whic may ensue, the cost bf any are deemed extra-capacity facilities, as defined in Section 3.20.020, shall be a credit against the total system develop- ment charge that the developer would otherwise be required to pay. In determining those costs which qualify as contributing t to extra-capacity street facilities, it is undersstoe for pro- each property in tho tthat e city is considered xespo vision fora standard local' street (Tigard Municipal ,Code, Section 17.28.010) , sidewalk, street lighting (Portland General Electric's specifications) , and storm drainage. An average cost per lineal foot of a standard local street will be kept ; on file by the public works director and updated annually. This cost per lineal foot shall be used as the standard for - judging when the cost of required public improvements qualifies as a credit against the system development charge. (Ord. 78-53 S5(part) , 1978: Ord. 77-26 96, 1977) , 3,20 .060 Ma'or street ca ital ro'ect fund. There rso- create a ate and entitle major street capita p ject fund." A nt funds derived from the system develpro �ect charge are to be ac in the major siCes re pital from all other fund and be segreg dy accounting p funds of the city; a that portion a system development Dunt of street facilities charge calculated and c �ctpd o than those activities nec shall be used for no purp essary to the installing, c uction, and extending extra capacity street facilit' s fined in Section 3.20.020. All funds will be a ed in a dance with a capital im- provements prog o be adopted 'a reviewed annually by the city cou (Ord. 78-53 95 (par , 1978; Ord. 77-26 77) . 3.20 0 S. Any pe who is aggrieved by any decision requir ermitt o be made by the city adminis- trator under this c r ppeal that decision to the city council by filing a wr quest with the city recorder, describing with pay he decision of the city adminis- trator from whi a perso a In .-considering the 39-9 (Tigard 1/15/79) _ f CITY OF TIGARO OREGON COUNCIL AGENDA ITEM SUMMARY G. AGENDA OF: June 10 -1985 AGENDA ITEM #: DATE SUBMITTED: June 5 1985' PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Code Clarifica— tion Section 18 164 030(1) Street PREPARED BYt William A. Monahan Naming REQUESTED BY: Robert Johnson CITY ADMINISTRATOR: DEPARTMENT HEAD OK: POLICY ISSUE When a street is built which changes direction at some point, shall the street name continue to an endpoint or should the City attempt to pick a midpoint where the name changes as the direction is changed? If the name should be changed, where is that mid—point within the street, and where would a change not create confusion? INFORMATION SUMMARY The Community Development staff has assigned the name of "S.W. North Dakota to the street which crosses through the Meadow Creek Apartment complex. The applicant prefers the name Sorrento Road as the street is directly across from Sorrento Rd, in Beaverton. An error was made at the time of permit processing issued permits identifying the street as Sorrento. when the Building Division The error has been corrected. ALTERNATIVES CONSIDERED 1. Determine that the name "S.W. North Dakota" complies with Section 18.164.030(1) as it applies to this property since the name conforms with the established pattern in the area. 2. Find that Sorrento Road is a better identifier for the street which passes through the Meadow Creek apartments. SUGGESTED ACTION The staff recommends that the Council agree that S.W. North Dakota is the proper street name for this segment of road within the City boundaries. Gil (Weft br/1457P) J MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council June 6, 1985 FROM: William A. Monahan, LA :� � Director, Community Development SUBJECT: Code Clarification - Section 18.164.030(E) Street Naming Great Northwest Management Company is now constructing an apartment complex off of-S.W. Scholls Ferry Road behind the Greenway Town Center. An issue has arisen concerning the proper name of the street which will go through the property connecting 121st Avenue to Scholls Ferry Rd. The City has determined that since the street is a continuation of S.W. North Dakota, the street name should be S.W. North Dakota. This decision is consistent with the Community Development Code provision relating to this matter, 18.164.030(1) which reads as follows: (1) Street Names. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area. The applicant contends that the street should be named S.W. Sorrento Rd. since the street could also be viewed as a continuation of that street. The staff has determined that S.W. North Dakota is the proper name for this street as it is the continuation of an east-wast grid through Anton Park, an approved subdivision. To change the name at mid-block would create problems. It should be noted that the name "S.W. North Dakota" was assigned during the review of final public improvement plans. The plans, with noted corrections including the street name, were then circulated for review to various review agencies which signed off on this correction and others. Building permits were then issued with the incorrect name - S.W. Sorrento, as that street name was given to the Division by the applicant. The Building Division did not note this error at that time. They have since corrected the problem. . Mr. Robert Johnson, representing the applicant, has requested that the Council hear this issue. I consider it to be a review of a Director's interpretation. Attached for your review are letters from Mr. Johnson and Frank Currie, which provide the background for the issue. (WAM:br/1457P) r= i March 20, 1985 C11YOFT11FARD WASHINGION COUNTY.OREGON Robert G. Johnson Great Northwest Management Company 5355 S.W. Murray Blvd. i Beaverton, Oregon 97005 Dear Bob: I refer to your letter of March 15, 1985, and our previous discussion concerning our rationale for not changing the name of the road through the ' S.W. Meadow Creek Development from S.W. North Dakota. I will try to answer each of your concerns in the order that they appear in the letter. First of all, while I" understand your concerns relative to name familiarity and economic health, etc., my only response is that this is at best a subjective decision which is secondary to the concerns of the City's I W. North Dakota is more associated with responsibility. Furthermore, S. Tigard, while Sorrento is associated primarily with Beaverton: this was part of our logic, as you may recall. Relative to the alignment of S.W. North Dakota with Sorrento at Scholls Ferry, I pointed out that a n*ue change in this instance, must occur either at an intersection, or aid-block between public streets. The most ' logical and consistent location, in our judgement, is at Scholls Ferry Road, Which is the boundary line between Tigard and Beaverton. Other choices are at aid-block or at 121st. In my opinion, mid-block is unacceptable, primarily because of the inconsistency. • Changing names at 121st is totally within Tigard. The extension of S.W. North Dakota is totally logical at this location. As to life safety considerations, the fire district is only one public safety entity serving this development. Since they are an agency serving both communities, they are best suited to recognising the differences that occur at 'the boundary line between two cities. The boundary line between Fire District #1 and- the TRFPD is only 100 feet north of the intersection of S.W. North Dakota, and 121st. Consistency at this intersection would seem to be more critical. Any change between the two major intersections would be confusing to all public safety agencies and the general motoring public. An to the addresses on the building permits, they only reflected the address ou put on your request after having been directed, several months earlier, in September of 1984 to use the name of S.W. North Dakota Street. i Finally, the construction of the road was a condition of development R consistent with the City's Comprehensive Transportation Plan. Such a road can be named by the developer provided it is both logical and consistent witFi established or committed_ developments, - and existing streets with the community.' in our opinion,- the name Sorrento is neither logical nor R' consistent when taken in total with your development, adjacent developments and existing pattern within Tigard. L 12755 S.W.ASF! P.O.BOX 23397 TIGARD.OREGON 97223 PH:639-4171 Great NorthwestManagement Company 5355-SW Murray Blvd. Beaverton, OR 97005 Page 2 Ourfinal decision on this latter is that the : roadway, starting ;at the Intersection of S.W. Scholls Ferry Rd., with S.W. 125th on the south and S.W- Sorrento on the north, and ending at the intersection of S'-W- _121st and S-W. North Dakota should, for reasons of public safety, continuity, confistency and _logical recognition, be named S.W. North Dakota Street. Sincerely, Frank A. Currie, P.E. City Engineer (FAC:br/1116P) cc: Bill Monahan, Director C.D. Ed Walden, Building Official Kniv, U$ a J LA to c�Pr u, bi oc o _ � .••Y:e• :j.t 1 �j• O FER R o• o>a � Odp va o �'`' ••J 3CNOLLLWOOD r• E ' 4i / p SW. S R� vi c� s �l o C N • x S.W. MANZANITA T. t s MANZAMrA Cr. = Tlfl ti Y is &W o s '6uRLCRES � SUMMER ST. SUMMERCRES N ., � cn • DO creat narthtues Umpany May, 13, 1985 Mr. William' Monahan Director of Planning & Development City of Tigard PO Box 23397 Tigard, OR 97223 RE: Meadow Creek's Development of Sorrento Extension Dear_Bill: On March 15th, I forwarded to Frank Curry a summary of our conversation on the naming of a new street we are developing for public dedication in our Meadow Creek development. That letter, copy attached, sets forth what I believe to be a gracious request to Frank Curry for leaving our street name, assignedbythe Building Department, as Sorrento Road. In response to this.letter, Mr. Curry adamantly rejected all compromise on the issue. The purpose of this letter is to formally request a hearing before the City Council on the issue and to clarify the com- ments made in Mr. Curry' s March 20th letter. I would suggest that each Council Member be provided with a copy of this letter, Frank's March 20th letter, as well as my original March 15th letter. I feel their subjective review of these letters will bring them "up to speed" . I have the following comments with regards to Mr. Curry' s March 20th letter: A) Mr. Curry' s first paragraph viewed my request for naming this street improvement Sorrento Road as a char a from s original the City' directive. It was not until approximately two months after our building permits were issued that our firm was even aware that Mr. Curry has substituted the name S.W. North Dakota on all building documentation. The building hed) clearly state permits issued in January 1985 (copies attac that this extension was to be known as S.W. Sorrento Road, it was Mr. Curry and not ourselves who initiated this name change. S) To put our request in perspective, I would like you to understand that we agree with Mr. Curry' s second paragraph, that this entire issue is " . . :at best a subjective decision. . ." We would hope that the City would work with this in resolving our 'f. expense and concern over this issue. C) Mr. Curry makes a major distinction regarding streets when they,cross .city 'boundaries. As a practical matter, - there is no magic or logic in changing street names when they cross 1355Sr`W. Murray.Blvd. Beaverton, Oregon 97005 (503) 641 510Q Page 2 May 131 1985 Mr. 'William Monahan boundary lines: This is particularly true when the street being developed is aligned with that of a neighboring city and is also a majorstreet, as in the case of Sorrento Road. There are literally hundreds of streets in the immediate area that pass over boundary lines and continue without name changes. Mr. Curry's approach implies that Tigard is unwilling to coordinate developments with its neighbors further adding to the confussion of the general. 'public D) The fifth paragraph in Mr. Curry's March 20th letter accuses us (SIC"u") of master minding the street name appearing on our building permit as Sorrento Road. I can assure you and the City that we totally relied on the City for issuing our building permits and had no 'input as to the street number or street name appearing on the permit. Again, we would like to point out that our contracts, signage, and marketing coordination were based upon the address provided by the City of Tigard. To come in after `these permits have been issued and 'change the name is expensive and totally wastefull. We were never informed verbally or in writing that this road could be named S.W. North x Dakota until nearly two and one-half months after we. considered the issue settled by the issuing of building permits. E) The last- paragraph in Mr. Curry's letter does state that a developer has the opportunity to name a street, provided that it is logical. As Mr. Curry stated, the entire issue is "subjective", there is of course logic on both sides. Since our development is making a major contribution to the City of Tigard, we would at least like theopportunityto work out our differ ences andasmy March 15th letter states, there are a number of options that would accomplish both Mr. Curry's and our concerns, especially in light of the fact that the City has already "formally" assigned the name as S.W. Sorrento Road. Please do not hesitate to call me if I can provide additonal information. I am more than flexible to meet the time schedule of your City Council, and would enjoy the opportunity to speak with them on this matter. rt Sincerely, Robert G. Johnson ff President ry tf . tr h Aj Enclosures } f �ERS milli v cONSTRUCTION OPERATWQ LAND FILE TITLE# FOLDER: FU.E: V5 ROM TOc_.,,_.---- March Yk, 1985 VILE Mr. Frank Curry Director of Public Works City, of Tigard PO Box 23397 Tigard, OR 97223 RE: Meadow Creek Street Dedication Dear Frank: I would like to thank you for taking the time to discuss the City's rationale for using the name "North Dakota" for the road improvmn that Meadow Creek Is currently constructing / dedicatingthem eCity. As you pointed out, the naming of this street does not fit in with the normal street labeling procedure. We believe that the City should name this street "Sorrento" for a number of the following reasons. Our purchase of this property was predicated in part by its physical location near a major intersection tie Scholls Perry and Sorrento) . The Oregon Transportation Department also informed us prior to purchase that by the summer of '85, a signal light was planned for this location. Since key street names are critical for the economic health of both commercial and apartment developments, the City should understand that this site selection was carefully chosen for name familiarity. The City directly benefits economically from the commercial well being of those business' within its boundaries. To name the road "North Dakota" would put business addresses at a disadvantage, economically handicapping the property. Both the State and city required alignments of our street improvement with that of Sorrento Road, north of Scholls Ferry. In order to accommodate this requirement, it was necessary for us to purchase land or obtain easements from four adjacent property owners to accomplish this requirement. -It is clear that both the State and City's objective was to make our street improvement an extension of Sorrento Road. The general public would be less confused by street signs which uniformly labeled both sides of this intersection as "Sorrento Road Since multi-family and commercial developments on this property will be serviced by fire district *1 , the continuation of Sorrento Road into Tigard should improve response time because of name familiarity. For example, it would be much easier for the fire district to locate the`south-east corner of "Sorrento" and Scholls Ferry; than it would be .of "North Dakota" and Scholls Ferry: to locate the south-east corner rrento dead-ends into Scholls Ferry especially where Sofrom the 'nor h. Mr. Frank Curry _Page 2 March 5, 1985 We feel that street familiarization is extremely important in the case of life safety demands. As I mentioned, over two months ago our building permits were issued with the address 10700 SW> Sorrento Road. To change,at this time would cause substantial confusion to our permenant and construction lenders, investors, as well as construction suppliers /subcontractors. Administratively,` it would beexpensivefor us to change since marketing brochures, entrance sign designs; and stationary have been prepared with the address 10700 SW Sorrento Road. We request that the City not further add to our development costs and logistics by changing this address. Asa final observation, a developer who agrees to put in a $125,000:00 road extension (excluding the cost of the land donated to the 'City) , should at least be able to name a street he develops provided that name is logical . We believe, for the reasons given above, Sorrento Road is the most logical name. Our request, however, does not solve the questions as to where North Dakota would begin and where Sorrento Road would end. In reviewing the road improvements we are required to make, there are two possible locations for this break to take place. One would be at the property .. line of our development and that of Anton Shultz's to the south. It is at this point that the road begins to turn and continues turning sharply to the east. A second suggestions would be to terminate the Sorrento road street name at the Springgarden and Sorrento intersection►willtconnectjussouth awdithooureRoadwest of Mea Springgard Bxtension wat�a�90sdegree nce. angle, leaving a definite break for street sign. Please do not hesitate to call if I can provide additional information. Because of the confussion and expense we would incur in changing from Sorrento Road, we will continue referring to our development as 10700 SW Sorrento Road until this matter can be satisfactorily resolved. Sincerely, Robert G. Johnson ------------- BUILDING PERMIT APPLICATION TIGARD DATE--- - THE UNDERSIGNED HEREBY APPLIES FOR A PERMIT FOR THE WORK HEREIN INDICATED BUILDER PHONE 4P OR AS SHAWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS, OWNER PHONE LOT NO, OWNER{;� . "W "rnr- "c�. JOB ADDRESS e ';� r• n' ``�_ __. ---- C' N ARCHITECT N,rri .� 3'.ce. ENGINEER s 0 . ~ ,c• a r. W N.;sc �',� ADDRESS = 3 SIGNER . �.� �r_ — _ — BUILDER DE _ STRUCTURE _ NEW REMODEL L ADDITION — REPAIR RENEWAL- FIRE DAMAGE DEMOLITION �C RESIDENCE ! COMM EDUCATIONAL ❑ GOV'T D RELIGIOUS 0 PATIO E CARPORT 7— GARAGE G STORAGE SLAB'_. FENCE OCCJPANCy �—:l -' .�.,_FIRE ZONE -- PLAN CHECK BY --HEAT 3-2 --LAND USE ZONE - BLDG.TYPE _ - -----_ ---- — Site Work.lines, -- —-- SEWER PERMIT M OCC.LOAD -- FLOOR LOAD -- HEIGHT -- NO.STORIES AREA NO.BEDROOMS-- VALUE=5c%.00A BUILDING DEPARTMENT SET BACKS FRONT REAR LEFT SIDE RIGHT SIDE Permit 1 THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE.ZONING m 5• REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES,AND IT IS HEREBY AGREED THAT THE Plan Check . Zil E WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES.THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE Sub-total '_3 33..;.0 RESTRICTIVE COVENANTS.CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS ��LICENSE.SEPARATE PERMITS REQUIRW FOR SEWER,PLUMBING AND HEATING. State Tax 4 32.'2 '1Swc $8500.00 Total 1165.52 l PDC* APPLICANT OA AGENT By — u — Receipt No. j� Approved ADDRESS PHONE tUILCING PERMIT APPLICATION TIGARD :� 'r DATE. . -.t9---- THE UNDERSIGNED HEREBY APPLIES FOR A PERMIT FOR THE WORK HEREIN INDICATED - BUILDER PHONE OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OWNER PH NE LOT NO. OWNER Great NM Mgmt CO JOBADDRES_S »')700 SW Sorrento 1d., Blaq. 01 5?55 M Hurray Blvd. ARCHITECT Rolla 3o•icnar. ?:,grs ENGINEER t3U1LDER S ADDRESS beavo- ton, r)R t?7CO5 DESIGNER 224-?452- STRUCTURE ® NEW 0REMODEL C3ADDITION ❑ REPAIR G RENEWAL E] FIRE DAMAGE DEMOLITION I&RESIDENCE ❑ COMM ❑ EDUCATIONAL ❑ GOV'T ❑ RELIGIOUS ❑ PATIO ❑ CARPORT ❑ GARAGE V STORAGE SLAB. FENCE OCCUPANCY R-° LAND USE ZONE R-20 BLDG.TYPE �N FIRE ZONE '- PLAN CHECK BY '' HEAT c Construct ;Au:► i-Fdinily ';well.oq B'dq, all -ec �npc�;vr?d alana '.. 6 units24 3••.r� i Ts 1 NOTE: Caliscruction +,.ock tc : gin urily wler. b•..der tgreerient is c:mp.•>•�, j SEWER PERMIT III Al4act and heron Heights ^_itisfjed ��.•• Y.. 30 NO.STORIES 2 AREA 12,960 NO.BEDROOMS 24 VALUE 440,60 I BUILDING DEPARTMENT SETBACKS FRON%at PlanbREAR LEFT SIDE RIGHT SIDE ` Permit 1285.30 THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE,ZONING REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES,AND IT IS HEREBY AGREEQTHAT THE `AanGh pck 484.120 WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE 298.18* RESTRICTIVE COVENANTS.CONTRACTOR AND SUBCONTRACTORS TO HAVE CURRENT CITY BUSINESS LICENSE.SEPARATE PERMITS REGUUVED FOR SEWER,PLUMBING AND HEATING. Stara Tax 51.42 SDC— 4800.00 -.- - Total 2119.22_ PDC#l 1440.00 APPLICANT OR AGENT ey *Pd lti 024 p.,•.i�►N.. I-r=rV l may ffm� r March 20, 1985 , C1 F T'GA WASHINGTON COUNTY,OREGON Robert G. Johnson Great Northwest ManagementCompany` 5355 S.W. Murray Blvd. Beaverton, Oregon 97005 Dear Bob: I <refer to your letter of March 15, ` 1985, and our previous discussion concerning our rationale for not changing the name of the road through the S.W. Meadow Creek Development' from S.W. North Dakota. I will try to answer each of your concerns in the order that they appear in the letter. First of all, while I understand your concerns relative to name familiarity and economic health, etc., my only response is that this is at best a subjective decision which is secondary to the concerns of the City's responsibility. Furthermore, S.W. North Dakota is more associated with Tigard, while Sorrento is associated primarily with Beaverton: this was part of our logic, as you may recall. Relative to the alignment of S.W. North Dakota with Sorrento at Scholls Ferry, I pointed out that a name change in this instance, must occur either at an intersection, or mid-block between public streets. The most logical and consistent location, in our judgement, is at Scholls Ferry Road, which is the boundary line between Tigard and Beaverton. Other choices are at mid-block or at 121st. In my opinion, mid-block is unacceptable, primarily because of the inconsistency. • Changing names at 121st is totally within Tigard. The extension of S.W. North Dakota is totally logical at this location. As to life safety considerations, the fire district is only one public safety entity serving this development. Since they are an agency serving both communities, they are best suited to recognizing the differences that occur at the boundary line between two cities. The boundary line between Fire District #1 and the TRFPD is only 100 feet north of the intersection of S.W. North Dakota, , and 121st. Consistency at this intersection would seem to be more critical._ Any change between the two major intersections would be confusing to all public safety agencies and the general motoring public. As to the addresses on the building permits, they only reflected the address you put on your request after having been directed, several months earlier, in September of 1984 to use the name of S.W. North Dakota Street. Finally, the construction of the road was a condition of development consistent -with the City's Comprehensive Transportation Plan. Such a road can be >named by the developer provided it is both logical and consistent with established or committed developments, and existing streets with the community. In our opinion, the name Sorrento is neither logical nor a' consistent when taken in total with your development, adjacent developments and existing patters within Tigard. 12755 S.W.ASH RO,BOX 23397 TIGARD,OREGON 97223 PH:539-4171 Great Northwest Management Company j� 5355 SW Murray Blvd. Beaverton, OR 97005 Page 2 Our 'final decision on this ;matter is that the roadway, starting at the intersection of S.W. Scholls Ferry Rd., with S.W. 125th on the south and S.W. Sorrento on the north, and ending at the intersection of S.W. '121st and S.W. North Dakota should, for reasons of public safety, continuity, consistency and logical recognition, be named S.W. North Dakota Street. 4 Sincerely, Frank A. Currie, P.E. City Engineer (FACebr/1116P) ccs Bill Monahan, Director C.A. Ed Walden, Building Official i Fa ,: �N- • ®R1� r BAR 13 1 creat narthtuest 9 ne manamement ICUMPanM March 15, 1985 Mr. Frank Curry Director of Public Works City of Tigard PO Box 23397 Tigard, OR 97223 RE: Meadow Creek Street Dedication Dear Frank; I would like to thank you for taking the time to discuss the City's rationale for using the name "North Dakota" for the road improvement that Meadow Creek is currently constructing / dedicating fortheCity. As you pointed out, the naming of this street does not fit in with the normal street labeling procedure. Webelievethat the City should C; name this street "Sorrento" for a number of the following reasons. Our purchase of this property was predicated in part by its physical location near a major intersection (ie Scholls Ferry and Sorrento) . The Oregon Transportation Department also informed us prior to purchase that by the summer of 185, a signal light was planned for this location. Since key street names are critical for the economic health of both commercial and apartment developments, the City should understand that this site selection was carefully chosen for name. familiarity. _ The City directly benefits economically from the commercial well being of those business' within its boundaries. To name the road "North Dakota" would put business addresses at a disadvantage, economically handicapping the property. Both the State and City required alignments of our street improvement with that of Sorrento Road, north of Scholls Ferry. In order to accommodate this requirement, it was necessary for us to purchase land or obtain easements from four adjacent property owners to accomplish this requirement. It is clear that both the State and City's objective was to make our street improvement an extension of Sorrento Road. The general public would be less confused by street signs which uniformly labeled both sides of this intersection as "Sorrento Road" . Since multi-family and commercial developments on this property will be serviced by fire district #1 , the continuation of Sorrento Road into Tigard should improve response time because of name familiarity ,. For example, it would be much easier for the fire district to locate the south-east corner of "Sorrento" and Scholls Ferry than it would be to locate the south--east corner of "North Dakota" and Scholls Ferry; especially where Sorrento dead-ends intoSchollsFerry from the north. 5355S.W Murray Blvd. • Beaverton,Oregon 97005 • (503) 641-5100 creat earth uaest - + Management Icampanu Mr. Frank Curry Page 2 March 5, 1985 We feel that street familiarization is extremely important in the case of life safety, demands. As I mentioned, 'over: two months ago our building,permits were issued with the address 10700 SW Sorrento Road. To change at this time would cause substantial confusion to our permenant and construction lenders, investors, as well as construction suppliers 'I subcontractors. Administratively, it would be expensive for us to change since marketingbrochures, entrance sign designs, and stationary have been prepared with the address 10700 SW Sorrento Road. We request that the City not further add to our development costs and logistics by changing this address. As a final observation, a developer who agrees to put in a $125,000.00 road extension (excluding the cost of the land donated to the City) , should at least be able to name a street he develops provided that name is logical . We believe, for the reasons given above, Sorrento Road is the most logical name. Our request, however, does not solve the questions as to where North Dakota would begin and where Sorrento Road would end. In reviewing the road improvements we are required to make, there are two possible locations for this break to take place. One would be at the property line of our development and that of Anton Shultz's to the south. It is at this point that the road begins to turn and continues turning sharply to the east. A second suggestions would be to terminate the Sorrento Road street name at the Springgarden and Sorrento intersection, Just south and to the west of Meadow Creek's entrance. Springgarden will connect with our Road Extension at a 90 degree angle, leaving a definite break for street sign. Please 'do not hesitate to call if I can provide additional Information. Because of the confussion and expense we would incur in changing from Sorrento Road, we will continue referring to our development as 10700 SW Sorrento Road until this matter can be satisfactorily resolved. Sincerely. Roger G. Johnson Preside tr . 1503) 641=5100 5355 S. W.Murray Blvd. • Beaverton, Oregon 97005 • t.. MEMORANDUM f. CITY OF TIGARD, OREGON T0: Honorable Mayor and City Council May 24, 1985 FROM: Loreen Wilson, Deputy Recorder SUBJECT: LID Collections Discussion Per Councilor Scott's request, Mr. Bob Detmer, Transworld Systems Inc. , has been invited tospeakto,you regarding the above noted issue. The Mayor has requested this be scheduled now for Council's information, with a decision being needed at a later date. Attached is a copy of the letter sent to Mr. Detmer scheduling his presentation, lw/2781A Cf T1PD WASHINGTON COUNTY,OREGON May 24, 1985 Mr. Bob Detmer Oregon District Manager Transworld Systems, Inca 2828 SW Corbett, Suite 107 Portand, OR 97201 Dear Mr. Detmer: This letter_ is to confirm our phone conversation of this date, The Tigard City council has 'scheduled a presentation by you regarding Local Improvement District Collections at their next regular meeting on June 10, 1985. The meeting will be held at Fowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon, and will begin at 7:30 P.M. As mentioned, I will be available to meet you anytime after 7:00 P.M. to assist in setting up your slide presentation. if you need any further information, please feel free to contact my office. dLS,i4,ncrely, 00oreen R. Wilson Deputy Recorder lrw/2781A CC: City Council PH:639-4171 12755 S.W.ASH P.O.BOX 23397 TIGARD.OREGON 97223 _t t 1 i _ -- t LJ 1__. t;�t t 1 1 i 1 i 1 1 1I. = - �_ _ z_= _._- -- __ . .. - ,. 5`,T }' SF', sM.n�kf r _ ,,� 1. r .fit 4 �. atm's +ta 4wfn � 'fir y �xa4j Ste" -'t'^� "v++f,'5 a rnax +' '�7 a�' xi`` #� -r-Ts .,x r r t 1 Ci ..�. f .4 a-;:� f ,7 c'Y-]'�'.e s , T T u the 3 Y4f: a _ . :. :y 4s ti 7777777 11 - ✓ 4 4 6 ! +. Q t c a i � 3 , 0;!.-��,�� Aa `Z*N� ".....11 .. - '� r 4 ::.d .s + �. S,y. � 3 ¢y s ' X _C;).,;I Im ---i . I t� r f __ 4 �.-y - ", �, "y I O �� , E 1,.�, � _,,� � _-,�,�.. .-, �:- 1_'�, I���11 I .. � -, , IP-M I _ , � . N �. s - �, T, j ��." . . ., I I � - - - -C ;I;.-,- -. - __ - Is ,,-,-,, , �--_ '; A c � �. � -4-`�, � e , i-,-;;. , DNE '! � _ I . - ;. � ..-,. , $" R� - - -:, ,- , -V. , .. �_ti_. .. _' _�11'1.'.�. 6`;%�, N��, ,i IN, =�' ,�,� t" , - 4. .�-� -4..- �rh J---, _'�I; :f�.i,.;� t r4 to 1 ll,�'- E3 3t �I."kt`='�ja-h %C r'f Y� r - I.11 I .. , �On, ' � ' " -��, ': �`_.-.'�`, �E'" -_ ��',**,� - k ;- - .. 7 "I , , , ' 'I �_ �. , - - - �2r::- -- - :�i, : . - - , , � E_ , , , �: - 0,, , - im v w"I- . L, : _ .. . ��,,:_:, , -�, ,; -jl,� 1. ' - - " ., :. -,�. ._", -,, , N'-'E m Q_ _ ".-. '"' ', . _. ..i ...,o��A,--?�- Y r:Ljdjmmh;:_ �, ,-.f;:`-�-�-`i--`�- �,, ," '_ c,. . w.��- ' - -� , _ t n z< }�,1. .� ?,.-,�-�,!�,,� � � -'-. ;-1:, , , .: -"": ��- ,"�.,-__--_. �; - .1 , . ,, ___ ,� X , t,,�_7,� '._- .:, 1�-;, - ._ - '�,_� -, - ..;L, '�_�;';'�Z-,��-;�'_,�,It'1�1'1117 vr, " ; i , I I-I— _ -. - " .- , , - -, .- 31_-�_l'-LI-I'?_:','_�--��,---��-,,,i� ,,'t,7 -_"7 ag 1 1 L I a. YT"`.i ;Y �`. � 1. -- - � . } T - .. -,T 5- ,. . }z___%�e,,,-��, � 1 :.�: a , ." M � E f -, vi.�- �- I,- - .,:J .F i M-7 _ �` '-,,,Iry xt 4. �d ..'"� �X ^ki. ik � r 4 5 4 S'. ", - - "M,V - _1z, ,,�� I. I '� , �*!: " ��.:. ��41 I L �+• �4 pppp{L. l'.. t'hN Z ,.... !kI'l - '�; _ s _ P t s J t a_ #>ry ='' - psi; s� '::r .- �` k ; . 11 1. � . � i.:'- :,��, - F!ph - h b"i -�,,��i J, 1.1,�.. -0 - ,_ I f�;,_r , :�-_ .'7 -.,- �W - d. .,�— ,���: - i . , rl—�-.10; _:"�":,.,�', -- ' ' A�` — . I.� - ,—, �'.,.���:,.:�;e"",*�:,',*.��,.;.---..-�,�,-�.'�',� I , _� _�� : . � , ,,, . I - , � , , I .1 .. . - ':,, �.��"",� I ��-71, �_, . .", - - _, k .;N.V, I- .I - �11 .- � I -,-,7.7, e��N,,� . u --;� . - - , - ,.�" L_ I — ,, ; ' ... I-- 11 , , - -6 *" �-, . 11 I —N-.- . : 'LI'L:__ -" -':.' . - : .'f - , � ".',�:��_;Z; "_.!� _� �� I . I... . f ,?& , — , I' -�, . . .I., I — _.''. , . ___�_ ' ---� -� "- �. .� -1— 1— __-.l-,-- �,-,� .,lil'yk, , - ., ��, 11.I __ � ��F: �. _ - 2 2% .F-.t # ;t YY. -# ..fir A �.".I--�.,. .,,,I,, -...-, . , I �!. � ; ,, I � .; 1. -m-C ,, : z. I - - ` -::�-;,,,�:., .- ,_,:.. , -.... I" .'� , I I ", _ - ". " . ,", � ".0 � , , j, -. _-,T�_�,., , - M.�� - ���kom l S .i P. '#��,,,_ -, , -i it ' 'IIIA 1 ��� �� 4 r. p , t} Y , A ��. W, .I_�_�, - , - , — . - . ." ., - - - ____ 1.- , _ _�- -2. Z, ___ . l ,'�'� .�.L..__� �. ,"�'l�'--' ."..,,. ��",..-I.",' ':, - I � I. . -, � _ - ' ' _ _ . 11 . . � .. � � I . .., , - - _._� ''- :� - - - �;, _._�''_ : _._�''_ : _._�''_ : _._�''_ : _._�''_ : _._�''_ : _._�''_ : �''_ _._�''_ �''_ _._�''_ �''_ _._�''_ �''_ _._�''_ �''_ _._�''_ - , . � - �''_ - ., _._�''_ . L" -,i �'-�"-'..-�_.,:.....,�,. , . i , "_ �l ` "_ �l . � . . � . , ' ', :`-_i._��l ....��� . � I 1 , , ,,,_-,"I"�: - . ;�'. qr 1���m�l ., ,,,',-,,.�*,�;,.,�"`,;.-.!,�,r_ -, , -— , � , _: .�. '� -W! . t - . i_ 5 _ /�f�i�/ P:.;1 'l—,�_,,_7_c_-.,,,:�2 °' - r Anir i � iun Fi► 1. It �" �'_11-aul a ; . "- Jif" !QAC'LtlfJtlC�RS ftt a�1C SQfC '`4 _ P 1 - { \. _ ..-F THE FOLLOWING ARE JUST A FEW OF THE COMPANIES ALREADY USING THE SERVICES { OF TRA.NSWORLD SYSTEMS American Express Rust-Oleum Corporation B.F.I. waste Systems Beechcraft West General Electric University of Dallas EF Hutton Safeco Insurance Lockheed Marsh-McLennan ADP Corporation Sacred Heart Hospital Citibank Group W Cable Purolator Courier Pacific Northwest Bell Holiday Inn Westinghouse Whirlpool Corporation MGM Grand Hotel Johns Hopkins University Buffums TRW American Honda EFCU Coca-Cola Farmers Insurance Group Blue Cross & Blue Shield City of Tampa Conrac Corporation University of Hawaii Budget Rent-A-Car First Interstate Bank A.B. Dick Kitchens of Sara Lee Paine Webber Argonaut Insurance United Parcel Service Great American Insurance Merrill Lynch City of Redondo Beach4 GM/Delco Safeway EFCU Walter Heller Chrysler Credit Corporation Pepsi-Cola Hawaiian Electric IBM E.R Squibb Continental Telephone Honeywell Protection Marriott Hotels Turner Broadcasting Hilton Hotels Cox Cable Boeing ECU Hawaii Newspaper Agency Donrey Inc. Bekins Moving lac Storage Mitsubishi Aircraft Intl. Occidental Fire & Casualty Loomis Armored Car Service Motorola Comm. & Electronics Birr Wilson & Company Doubleday & Company National Assoc. of Realtors Storer Cable Communications Volvo Arizona Public Service Sears Hawaii FCU Boise Cascade Ramada Inns Thomson McKinnon Securities Carnation FCU Northwestern University Levitz Furniture General Telephone H & R Block Kemper Group ---ANO OVER 309000 OTHERS NATIONWIDE r WHAT DO ALL THESE COMPANIES HAVE IN COMMON? A) They extend credit or accept checks. B) A portion of the accounts thus created become delinquent. Q They employ, for the most part, effective and sophisticated in-house collection procedures to recover these receivables. D) In spite of their best efforts, a significant part of the past flue receivables are not collected. E) Previously, as a last resort, they eventually assigned these accounts to collection agencies at exorbitant rates. F) Now, they have an incomparably better option-they all use Transworld Systems. WHAT DO WE DO FOR THEM? .First, we recover more of their delinquent receivables than they can obtain by any other means, either continued in-house effort or the utilization of a conventional collection agency. Second,we collect their money faster, dramatically accelerating their cash flow. Third, we do this without charging a percentage, only a small fixed fee-currently averaging $6.75 per account submitted--regardless of the amount or location of the account. Finally, with proper application of our system, we save them 30% to 70% of their in-house billing and collection. costs. HOW CAN WE DO THIS FOR YOU? A) You send us the names, addresses and amounts due from your debtors, on a data transmittal form provided by us. TODAY'S DATE / / CaNXO8E USED ai'fER MOlD•/Yp ........Oi.IEtY D(-igAMgYTT41W. ,E oaoleaol2 -Ana+.v.w nuu wo.oA ui ..,•-r `°""ro"°` ` (The data can also be sent to us by OWI KRVANM TP CLIERT MY""I 101-sr321-000 .�`.............- ; hard copy, by ABC CePPAMY-S,FvliajY magnetic tape or 123 M334 S1 - �7P �. by telephone YOUR 30MN USA M123R5 transmission) B) Our computer center sends the debtor an automated series of computer-generated payment demands, which brings to bear the full impact of the collection agency. .. You choose the intensity of the demand and the time interval bet- ween contacts; you maintain full control of the process at all times. C) We offer you a complete follow-through on those accounts that do not respond to the system. These hard core debtors may, at your option, be transferred to Credit Management Services, a TSI Divi- sion, for personal contact on a contingency basis. If legal action is warranted, cMS will cause suit to be filed and advance all attorney fees and court costs. If CMS does not collect, you owe us nothing. i WHAT ARE THE RESULTS OF USING OUR SYSTEM? --- AND HOW (DOES THIS COMPARE WITH THE (7:, r CONVENTIONAL COLLECTION AGENCY. ! 56% TSI-Current national recovery average-56% Conventional agency-27 27% (According to the latest in- dustry statistics, the national average recovery of all collec- TSI , others tion agencies surveyed) 41% TSI-Current average cost of collection-7% (Our fixed fee, expressed as a percentage) Conventional agency-41% 7 /o � TSI others F { C In fact, last year we collected over $200,000,000 --Twice as much money—four times faster-and at a small fraction of the average fee charged by the thousands of conventional collection agencies: An average of 7 cents on the dollar! t i t r. 1W Pff amL�_ WHY ARE THE RESULTS OF OUR SYSTEM SO VASTLY SUPERIOR? First, it is important to understand why any collection agency can collect money that continued in-house effort will not recover; in the collection industry it's called ``third party intervention," and it consists of 3 elements: 1)Intensified demand. Debtors believe agencies have resources beyond those available to other companies. 2)Implied effect on credit standing. Third party involvement implies credit rating may suffer. 3)Negative image of the agency. Collection agencies are perceived as relentless and utterly serious about collecting money. WHY CAN'T CONVENTIONAL AGENCIES COLLECT MORE MONEY THAN THEY ISO? Primarily, because they charge too much to induce early placement; as a result they get the accounts too late---at an average aging of 8 months--when cosec- tability has deteriorated nearly 80%. Here is what happens to the accounts: 80% 70% Collect- 60% It ability 50% 40% 30% 20% Aging 60 Days 90 120 150 1$0 214 240 As collection statistics bear out, there is a direct relationship between the age of receivables and their deterioration in collectability, at the average rate of ten cents per dollar per month. Moreover, the commission rate charged and the size of account also affect col- lectability. Agencies paid a percentage of what they collect work large balances diligently,but small balances—those under $100 =are often worked indifferent- ly, if at all. WHY, THEN DO WE DO SCJ► In fact from an accounting view NiIJdCH ` E'Y'7CEi? point, there is no cost for our ser- Y vices, since our small flat fee— First, why do we collect more averaging $6.75 per account—is money? normally, fully offset by your sav- Because, since we do not charge a ings in internal billing and collec percentage, our clients assign tion cost. counts to us as soon as possible — on average, 120 days-when the ac 'WHAT IS THE REAL counts are still highly collectable. DISTINCTION WHAT SET'S Moreover, our system works the US APART FROM ALL THE small balances just as hard as the THOUSANDS OF CONVEN- large ones; as a result, a large TIONAL AGENCIES? number of accounts are collected Whatever their differences in size that traditional agencies find neither and effectiveness, these agencies desirable nor feasible to effectively share a common business collect. philosophy: they charge as much as the market will bear. Second, why do we collect your money faster? When we went into business in Because we, unlike conventional 1970, we made a radical marketing collection agencies, have it sent decision, virtually unique in directly to you. This means you American business: we decided to have your money in 35 days, on the charge as little as we possibly could. average, as opposed to 4 months or Would you rather pay your collec- more from the conventional tion agency as much as possible, or agency. as little as possible? Third, why do we charge so little? WHA, ARE WE SO Because of total automation and GENEROUS? computerization, and our great volume—we handle more accounts Because we want to make it im- daily than does the average agency possible for you not to take advan- in a year—we are able to perform tage of our system now that you our service for pennies instead of know it to be available. If we real- dollars—and we pass on the savings ly can collect more of your money, to you. faster, and at little or no cost, would you not be compelled by logic and ' economics to let us do so? Oak I a -.n-v�.•+.-+.«--.�..n.r.n.--R....r.....,,... ,......... ...:.+r-.--.- ..r.r....�.•.w"...-w:wc...rnsnwawAmtm.elru+rT.sty*'..a+-wu......r.a.wnana"saw..C+-.vT^.itT'+^-�+ LET US PROVL IT TO YOU! Let us share with you the results now being obtained by tens ofx thousands of companies like yours, with debtors like yours, who are _ collecting more money, faster, and at a lower costthan they would have believed possible! ,WE WILL GUARANTEE OUR PERFORMANCE! So that you may test our system at no risk, we will guarantee our results. If you do not double your money under the terms of the guarantee, we will make up the difference in cash, or refund your money in full. TRANSWORLD SYSTEMS CORPORATE REFERENCES Financial Reference: Corporate Counsel: Independent CPA: Bank Of America Anderson, Zeigler, Eckhoff Accountancy Corp. Main Branch Disharoon & Gray 145 N. Redwood Drive Santa Rosa, California 50 Old Courthouse Square San Rafael,California 94903 Santa Rosa, California 95402 (415) 499-9400 (707) 545-4910 Member U.S. Chamber Of Commerce Member American Collectors Association { TRANSWORLD SYSTEMS OFFICES NATIONWIDE: Anchorage, AK, Atlanta, GA, Baltimore, MD, Boston, MA, Chicago, IL, Cincinnati, OH, Dallas, TX, Dayton, OH, Denver, CO, Detroit, MI, Emeryville, CA, Fort Worth, TX, Fresno, CA, Honolulu, HI, Houston, TX, Jacksonville, FL, Kansas City, MO, Las Vegas, NV, Long Beach, CA, Los Angeles, CA, Memphis, TN, Miami, FL, Milwaukee, WI, Minneapolis, MN, New Orleans, LA, New York, NY, Oakland, CA, Philadelphia, PA, Pittsburgh, PA, Portland, OR, Redwood City, CA, Richmond, VA, Riverside, CA, St. Louis, MO, Salt Lake City, UT, San Diego, CA, San Francisco, CA, Santa Ana, CA, Seattle, WA, Tampa, FL and others Transworld Svstems Inc. (of Canada) Corporate Headquarters: 1145 W. 7th Ave., Vancouver, BC V6H1B5 Corporate Office: 5880 Commerce Blvd., Rohnert Park, CA 94928 (707) 584-4225 25M-CA ` a YRANS�3YIS INC. 4 WHAT DO THESERESULTSPROVE? Recovery Cost OREGON BUSINESS MAGAZINE 47 .2% 4.8% NORTHWEST COMPUTER SUPPORT 49.6% 5.9`/° EMERSON HARDWOOD 66.8% 1.4°!° DARIGOLb 59.5% 3.9% CHAS. H. LILLY CO. 54.1% 2.5% BENZ SPRING 65.6% 3.8% DAILY JOURNAL OF COMMERCE 50.7% 8.6'!° EASTERN OREGON FAST FREIGHT 75.9°f° 3.27° KURTZ EQUIPMENT 73.67. 1 .8% AIRCO WELDING SUPPLY 45.6% 5.7% ALBANY ATHLETIC 60.2% 11.97. J.M.VRANIZAN CO. 77.7% 3.1% NORTHWEST VETERINARY SUPPLY 35.7% 2.3% ESCO EMPLOYEES FEDERAL CREDIT UNION 64.2% 1.2% CITY RUBBER STAMP 49.6% 7.6 P H A LIFE INSURANCE COMPANY 37.3% 1.2% JUBITZ TRUCK STOP 59.7% 2. 2% ZELLERBACH PAPER CO. 69.9% .9% DON RASMUSSEN CO. 66.0% 2.3% MUL'y'NOMAH COUNTY MEDICAL SOCIETY 44.2% 6.2% RUNDEL PRODUCTS 53. 6% 2.2% t HUTCHISON, HAMMOND & WALSH 55.6% 3.8% 9 ic z NOM . ATT WHAT TYPE OF BUSINESS i - THE TSI SYSTEM WORKS CITY OF TIGARD, OREGON A COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 10 1985 AGENDA ITEM #: DATE SUBMITTED: June 6. 1985 PREVIOUS ACTION: Removed from Consent ISSUE/AGENDA TITLE: Sidewalk Agenda at Prior'Meetinal and-Set as Item Council Item policy Discussion PREPARED BY: Frank Currie REQUESTED BY: DEPARTMENT HEAD OK: �� CITY ADMINISTRATOR: POLICY ISSUE Should the , Council reaffirm its' intent to assign the liability for the failure to maintain and repair sidewalks to the abutting property owners. INFORMATION SUMMARY Staff has interpreted the existing ordinance as assigning that liability by intent Council reaffirmed that intent on January 23, 1985 and asked that the attached ordinance be prepared. ' Objections appear to be based upon whether the City has the responsibility to require repairs when noticed. I think that responsibility exists under both the existing and proposed ordinances. ALTERNATIVES CONSIDERED 1. Keep the existing ordinance. 2. Adopt the attached ordinance reaffirming responsibility and liability. 3. Direct that a new ordinance reflecting a change in the assignment of reponsibility and liability. SUGGESTED ACTION Staff recommends Council affirm it's intent to assign the duty and liability for maintenance and repair of sidewalks to the landowner and that said intention be made known to the community through public notice in the City Newsletter, and the loca newpaper, and taken to the N.P.O. 's. y (FAC:br/1460P) nY. CITY `OF 'TIGARD, OREGON ORDINANCE NO. 85— AN ORDINANCE ADDING TO THE TIGARD MUNICIPAL CODE, CHAPTER 15.08, SIDEWALKS PLACING THE MAINTENANCE AND REPAIR OF PUBLIC SIDEWALKS AND LIABILITY ON ABUTTING`PROPERTY OWNERS, AND REPEALING SECTION 7.32.100 FAILING TO REMOVE ICE OR SNOW. WHEREAS, the Council finds that recent cases decided by the Oregon courts would render the City's existing code relating to sidewalk maintenance inadequate as to protection of the public's interest in reference to assignment of liability: and WHEREAS, the Council declares its intent to assign and impose the duty to maintain and repair public sidewalks, and the liability for failure to do so, on the abutting landowner; NOW, THEREFORE, the Council hereby adds to the Tigard Municipal Code a new chapter as follows: THE CITY OF TIGARD ORDAINS AS FOLLOWS; Section I. Chapter 15,08, Maintenance and Repair of Public Sidewalks, shall be added to the Tigard Municipal Code and shall read as follows: A, Purpose. The purpose of this chapter is to place the responsibility for the maintenance and repair of sidewalks on the abutting property owner, and to place the liability for bodily injury or death resulting from the failure to maintain or repair the sidewalk on the abutting property owner. B. Definitions, For the purpose of this chapter, the following terms shall mean: (1) "Sidewalk" means an area specifically delineated and constructed for pedestrian use which is located behind a curb, but within the public right of way, in easements granted for public , use, or on private property as a condition of development when maintained for public use. C. Maintenance,, Repair and Liability for Side__walks. (1) It shall be the duty of all persons owning real j property which abuts a public sidewalk to maintain the sidewalk in good repair, in a safe condition and in an unobstructed condition. Maintenance includes, but is not limited to, the removal of snow and ice and >all ' other unsafe conditions. The property owner shall be liable for =` any bodily `injury or death resulting from a failure to = maintain the sidewalk s, � ORDINANCE NO. 85= Page 1 (2) No legal action shall be maintained against the City by or for any person for an injury or loss of Life resulting from the failure to maintain a sidewalk. Section 2: The Council hereby repeals Section 7 32.100 Failing to Remove Ice or Snow. PASSED: By vote of all Council members present after being read 'by number and title only, this day ' of 1985. Deputy City Recorder -- City of Tigard APPROVED: This day of 1985. Mayor - City of Tigard T. (1157P) ORDINANCE NO. 85— Page 2 yL �t WE " CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June lO 1985 AGENDA ITEM #: DATE SUBMITTED: June 6 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: .CIVIC CENTER BID AWARD PREPARED BY: JoY Martin ► REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: -- POLICY ISSUE 1 Whether or not to include the bid substitution in the total bid to be awarded; 2. Authorize the Mayor or City Administrator to sign the contract for City Council. INFORMATION SUMMARY 1 At the City Council meeting on May 20, the deductive alternates submitted d• however t he by the bidders were discusc controls, wassuoverlooked.bstitute This needs to which is the variable volume temperature decided prior to signing the contract if a change order is to be avoided. 2, The Local Contract Review Board Rules require Council to authorize the Mayor or City Administrator to sign for Council contracts over $15,000, - ALTERNATIVES CONSIDERED =1. a. Council include the Substitution ##1 - variable volume temperature controls, using money in contingency or from another source; or b. Council discuss at a later meeting, realizing it will require a Change order if added; or C. Council decides not to include the substitution. 2, Council authorize the Mayor or City Administrator to enter into an agreement with the Contractor by motion or by resolution. SUGGESTED ACTION 1, Council move to include the Substitution #1 - variable volume temperature centrals , making the total construction ` contract $1,761,972. and reducing contingency by $20,51 . 2, Council adopt the attached resolution authorizing the Mayor and City Administrator to enter into an agreement with McCartney-Johnson for the construction of the Tigard`Civic Center at the bid of $1,761,972. MEMORANDUM CITY OF TIGARD, OREGON Honorable Mayor and City Council June b, 1985 TO: FROM: joy Martin, Administrative Assistant' SUBJECT: Civic Center Bid Award the work and the total e Council in order to establishstruct on of the Civic Two decisions are befor Johnson for, the con bid to be awarded to McCartney— tution ich Was Center. First. is a decision an the: �turelcontralsWh and second anhact on documents for the variable thelcontract for Council authorizing the sig ay 2O packet and ed is the aid Tally Sheet which was provided in the ion Attached „S_1,�, This is for variable e Alternates taken from the bid specifications. Please note descriptions of the Sheet labeled the Architect's the last column on the aid Tally staff on environmental volume temperature controls. This syr�eetings with mended by vol provide varying air engineering consultants following The system can p temperatures in a building where you have the°mprajectn requirements in the new building• circulation rates, and ns have differing activities and therefore requand of apenoffice and closed areas such as is designed •or Departments and functions the system will not work efficiently varying conditions. Without this. arately as a o the Ya The conditions or em situations bid Sephere selected will not adjust t The syst Attorney rooms are more crowded than usual. lier item and the City substitution -because it is a single—source sPP lease note that the addition advised that it was more appropriate to handle Aiso, iP this manner. It was always included in the Project. intended to be of this item does not change the low bidder for the project' the Mayor or City authorization According to the Local Contract Review Board Rules only the award require a documentation °f a "basis for O following Administrator can sign contractsalso in excess cess a $15,00 th by Council. The Rules a record showing ' (Administrative Rule {#30.125) establishing in the successful bidder". The Rules require this to be done for the determin g however due to the amount of the contract, the attached record only, includes a "WHEREAS clause" and a resolution has been drafted for the award of the contract which also outlines The resolutioncon ' the basis re for the award. 1b referring to the variable et from the resolution A copy if this statement (1b) b the City is not to be ncluded distributedoatethelbeginning of the meeting y the contract 8 .. Attorney. { mt KIM &M SECTION 01030 ALTERNATES PART 1.00- GENERAL 1.01 DESCRIPTION A. GENERAI. Each bidder shall state in his bid, in the spaces provided therefor in the Bid /Tender Form: 1. His proposal for performing the work of the Base Bid, as defined in Para 1.02 below; 2. Deductive Alternate proposals, stating the sums to be deducted from the Base Bid for deducting items of work listed in Far. 1.03 below; 3. Substitute Alternate proposals,-stating the sums to be added to or 1 deducted from the Base Bid for substituting materials and/or construction listed in Par. 1.04 below, for those specified in the Base Bid. All bid prices shall include adjustments in the work of all trades as may be necessary. _ . 1.02 BASE BID i f Includes all work shown on Drawings or specified EXCEPTING only the work included in the following Substitute Alternate Bids requiring greater costs. 1.03 DEDUCTIVE ALTERNATE BIDS The following items of work, as shown on the Drawings and described in the Specifications, are included in and may be deducted from the Base Bid: Deductive Alternate Bid No. D-h Omitted. Deductive Alternate Bid No. D-2. Deduct all work and materials for providing Entry Canopy as shown on the Drawings, Sheet A15 and related Drawings. Under this alternate include all additional work and materials required to provide alternate finished surfaces and related construction as indicated on Drawings and/or specified in the Project Manual. Deductive Alternate Bid No. D-3a Deduct all work and materials for providing Quiet Room as shown on the Drawings, Sheets A4 and A7 and related Drawings. Under this alternate include all additional work and materials required to provide alternate finished surfaces and related construction as indicated on Drawings and/or specified in the Project Manual. Deductive Alternate Bid No.D-$: Deduct all work and materials for providing Southeast portion of City Hall as shown on the Drawings, Sheets A3 and A6 and related Drawings. Under this alternate include all additional work and materials required to provide alternate finished surfaces and related construction as indicated on Drawings and/or specified in the Project Manual. l ' i S 01030-! Kamm- s SECTION 01030 ALTERNATES ` 1.04 SUBSTITUTE ALTERNATE BIDS g Substitutethe following work, as shown on the Drawings and described in the . iin g Specifications, for items of work in the Base Bid: Substitute Alternate Bid No. 5-1: In lieu of providing Base Bid temperature contols as specified in Division 16 of the Project Manual and/or indicated on the Electrical Drawings, substitute all work and materials for providing variable volume temperature controls as specified and/or indicated therefor. r : K K w � '*�� END• 01030 2 a+�* CITY COUNCIL MEETING OF JUNE 10, 1985 CIVIC CENTER AGENDA ITEM " Base Bid S-1: Alternate Bid P.G.E. STRAIGHT VOLUME VARIABLE VOLUME STRAIGHT VARIABLE VOLUME SYSTEM. TEMPERATURE CONTROL SYSTEM year• "3-5 payback" • One thermostat control s up to 8 thermostat Y P Y per ACU Unit controls per ACU Unit � o "added expenditure of $30,000.. e. in City Half o redesign fees including e.g. in City Hall g adding 30 days 4 cooling units to cover: 4 cooling units to cover: T ` Town Hall Town Hall Entry Area Entry Area Conference Room Conference Room Closed Offices Closed Offices Computer Room Computer Room Storage Storage Vault Vault Copy Room Copy Room Supply Room Supply Room StaffLoungeStaff Lounge Open Areas Open Areas 4 THERMOSTATS 15-20 THERMOSTATS s 1 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS l.i DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Owner-Contractor Agreement, Instructions to Bidders, the Contractor's Executed Bid, the Notice to Proceed, the schedule of work under 9.2. 1 . , the Conditions of the Contract (General. Supplementary and other Conditions), the Drawings, the Project Manual, and all Addenda issued prior to and all Modifications issued after: execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a written Change Order, (3) a written interpretation issued by the Architect pursuant to Subparagraph 2.2.9, or (4) a written order for a' minor change in the Work issued by the Architect pursuant to _ Paragraph 12.4. 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, k representations, or agreements, either written or oral. The Contract may be amended or modified only by a written Modification as defined in Subparagraph 1.1.1. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor, but the Architect shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner or the Architect and any Subcontractor or Sub-subcontractor. 1,1 8 THE WORK { The Work comprises the completed construction required by the Contract Docurents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. 1.1.4 THE PROJECT Bids will be taken and awarded under a single contract including s General, Mechanical and Electrical Work. 1.1.5 ADDITIONAL ABBREVIATIONS AND DEFINITIONS Additional abbreviations and definitions are covered under Sections 01070 and 01090, in the sections of Divisions 15 and 16, and on the Drawings. a 1.1.6 PROJECT MANUAL i The Project Manual is the volume which includes the Bidding Documents, sample forms and certain of the Contract Documents such as the Conditions of the Contract and the Specifications. 1.2 EXECUTION, CORRELATION AND INTENS 1.2.1 The Contract Documents shall be signed in not less than triplicate by the Owner and Contractor. If either the Gwner or the Contractor or both do not sign the Conditions of the Contract, Drawings, Specifications, or any of the other Contract Documents, the Architect shall identify such Documents. 1.2.2 By executing the Contract, the Contractorrepresents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed,' and correlated his observations with the requirements of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required a any one, shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistentt therewith and is reasonably inferable therefrom as being necessary produce the intended results. _ Words and _abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4 The organization of the Specifications into divisions, sections and r articles, and the arrangement of Drawings shall not tractorscontrol the in Contractor in dividing the Work among establishing the extent of Work to be performed by any trade. 1.2.5 Numbering of trade Divisions of these Specifications, and items of work included in each Division and section, conforms to the CSI Manual of Practice, Document MP-2-1, June 1978 Edition, as issued by the construction Specifications Institute. Divisions and Sections included are listed in "Table of Contents",together with the number of pages in each Section. Prior to bidding, the Contractor shall check his copies of the Project Manual with the Table of Contents bound therein to be sure that they are complete. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 All Drawings, Specifications and copies thereof furnished by the Architect are and shall remain his property. They are to be used only with respect to this Project and are not to be used on any other project With the exception of one contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the Architect on request at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's common law copyright or other reserved rights: t CS E ARTICLE 2 ARCHITECT {_ i 2.1DEFINITION { 2.1,1 The Architect is the person lawfully licensed to practice lawfully practicing architecture architecture, or an entity s identified as such in the Owner-Contractar`Agreement, and' is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Architect means the Architect or his t authorized representative. § 2.1.2 The Architect is not bound to define the Limits of any subcontract, and will not enter into disputes between the Contractor and his employees, including subcontractors. 2.2 ADMINISTRATION OF THE CONTRACT 2,2.1 The Architect will provide administration of the Contract as hereinafter described. 2.2.2 The Architect will be the Owner's representative during construction and until final payment is due. The Architect will advise and consult with the Owner. The Owner's instructions to the Contractor shall be -forwarded through the ,Architect. The Architect will have authority to act on behalf of the Owner only to the extent providen in the Contract Documents, unless -otherwise modified by writt instrument in accordance with Subparagraph 2.2.18. 2.2.3 The Architect shall visit the site at intervals appropriate to the stage of construction, and at a minimum once each week, or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract tect shall not be required to make Documents. However, the Archi exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations as an architect, the Architect will keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 2,2.4 The Architect will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 2.2.5 The Architect and other persons that he may designate shall an and all times have access to the Work wherever it is in preparation , shall provide facilities for such access so progress. The Contractor the Architect may perform his functions under the Contract Documents. 3 _ k. - mow MINAAM 2.2.6 Based on the Architect's observations and an evaluation of the Contractor's Applications for Payment, the Architect will determine + the amounts owing to the Contractor and will issue Certificates for Payment in such amounts, as provided in Paragraph 9.4. 2.2.7 The Architect will be the interpreter of the requirements of the ContractDocumentsand the judge of the performance thereunder by both the Owner and Contractor. 2.2.8 The Architect will render interpretations necessary for the proper execution or progress of the Work, with reasonable promptness and in accordance with any time limit agreed upon. Either party to the Contract may make written request to the Architect for such interpretations. 2.2.9. Claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Architect for 'decision which he will render in writing within a reasonable time. 2.2.10 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. In ,his capacity as interpreter and judge, he will endeavor to secure faithful performance by both the Owner and the Contractor. will not show partiality to either, and will not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 2.2.11 The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 2.2.12 Any claim, dispute or other matter in questions between the Contractor and the Owner referred to the Architect, except those relating to artistic effect as provided in Subparagraph 2.2.11 and except those which have been waived by the making or acceptance of final payment as provided in Subparagraphs 9.9.4 and 9.9.5, shall be subject to the provisions of 7.9.1. However, no action under 7.9.1 on any such claim, dispute or other matter may be made until the earlier of (1) the date on which the Architect has rendered a written decision, or (2) the tenth day after the parties have presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect has not rendered his written decision by that date. When such a written decision of the Architect states (1) that the decision is final but subject to appeal, and (2) that any demand for arbitration of a claim, dispute or other matter covered by such decision must be made within thirty days after the date on which the party making the demand receives the written decision, failure to demand arbitration within said thirty days' period will result in, the Architect's decision becoming final and binding upon the Owner and the Contractor. If the Architect renders a decision ' after proceedings have been initiated, such decision may be -entered. as Y3 evidence but will not supersede any arbitration proceedings unless the decision is acceptable to all parties concerned, t, t ;l — 4 — r 2.2.13 The Architect will have authority to reject Work h hickis opinion,es he not in conform to the Contract Documents. Whenever, e implementation of the considers it necessary or advisabhe W° ll hr have authority to require intent of the Contract Documents, special inspection or testing of the Work in accordance with whether or no neither the Ar such Work e then Subparagraph 7.7.2 ch tact' aauthority, installed or completed. However, to act under this Subparagraph 7.2.13, nor any decision made by him in good faith , either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Architect to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 2.2.14 The Architect will review and approve or -take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the, Contract Documents. taken with reasonable promptness so as to cause Such action shall be s approval of a specific item shall not no delay. The Architect' of which the item is a component. indicate approval of an assembly e Orders in accordance with Article 2.2.15 The Architect will prepare Chang 12, and will have authority to order minor changes in the Work as provided in Subparagraph 12.4.1• 2.2.16 The Architect will conductinspections to determine the dates of and final completion, will rreceiveand forward Substantial Completion to the Owner for the Owner' s review written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 9.9. 2,2.17 If the Owner and Architect agree, the Architect will provide one or out more Project Representatives to assist the Architect in carrying o his responsibilities at the site. The duties, responsibilities and , limitations of authority of 'any such Project Representative shall be as set forth in an exhibit to be incorporated in the Contract Documents 2.2.18 The duties, responsibilit es and representative limitations of authority of the during construction s set Architect as the Owners forth in the Contract Documents will not be modified or extended without written consent of the Owner, the Contractor and the Architect. 2.2.19 In case of the termination � the er hose employment status underArchitect t e Contract Owner shall appoint Project Manag Documents shall be that of the former architect. - 5 - i ARTICLE 3 OWNER t t, 3.1 DEFINITION 3. .1 The Owner is the person or entity identified as such in the Conract owner-Contractor Agreemen1an mberrandrred masculinerinto ggender hout p Thetterm d i Documents as if singular in Owner means the Owner or his authorized representative. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER Contractor, at the time of 3.2.1 The Owner shall, at the request of the Agreement, furnish to execution of the he has the Owner-Contractor Ag Contractor reasonable evidence under the Contract. Unless arrangements to fulfill his obligations such reasonable evidence er-Contract r Agreement or to commencesthetWorkuired to execute the Own sisal 3.2.2 The owner' shall furnish all existing surveys alocations for he site characteristics, legal limitations and utility of the Project, a legal description of the site, and information regarding the soil conditions and required fill on the site, 3.2.2.1 The Owner shall arrange and pay for any plan checking fees Code and other regulatory agencies including required by City, County or State Building Departments. 1, the shall cure 3, 2.3 Except as provided in Subparagraph 4.7. asses own r required for the and pay for easements, taxes and L.Iof. permanent structures or for construction, use or occupancy permanent changes in existing facilities. shed 3.2.4 Information or easonableces under promptnness1to avoid delays control l in thebe uorderly by the Owner withth teas _ progress of the Work. ies of 3.2.5 The Contractor will be furnishe Drawings and Project Manuals. Additional, d d�itional sets hwirll ,bet furnished at the cost of reproduction, postage and handling. 3.2.6 The Owner shall forward all instructions to the Contractor through the Architect. 3.2.6.1 The Owner and other persons that he may designate shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide his facilities for such access so the architect may p erffunction under the Contract Documents. 6 9 MOMM 3.2.6.2 The Owner is a public body which has certain duties to the public. In the case of a public improvement, the duties } are performed bythe` building official and the city engineer or their designee. The Contractor shall work directly with the city engineer and ,the building official and their designee in the same manner as the Contractor would work with the ,building official or city engineer in any jurisdiction. 3.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Work by Owner or by Separate Contractors, Payments and Completion, and Insurance in;Articles 6, ,9 and 11 respectively. 3.3 OWNER'S RIGHT TO STOP; THE WORK 3,3,1 If the Contractor fails to correct defective Work as required by Paragraph 13.2 or fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK i 3,4.1 If the Contractor defaults or neglects to carry out the Workin accordance with the Contract Documents and fails within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to # any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such - deficiencies, including compensation for the Architect's additional services made necessary by such default, neglect or - failure. Such action by the Owner and the amount charged to the 4 Contractor are both subject to the prior approval of the Architect. If the payments then or thereafter due the Contactor are not 771 sufficient to cover such -amount, the Contractor shall pay the T: difference to the Owner. r.m X Y� - ARTICLE 4 CONTRACTOR 4.1 DEFINITION 4.1.1 The Contractor is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender.. The term Contractor means the Contractor or his authorized representative.. 4.1.1.1 Contractor is an independent contractor and all. persons or subcontractors employed by Contractor in connection herewith shall be employees of Contractor and not employees or agents of the Owner. 4.1.1.2 Contractor represents that no employee of the Owner, or any partnership or corporation in which an Owner's employee has an interest, will or has received any remuneration of any description from the Contractor, either directly or indirectly, in connection with the letting or performance of this, contract, except as specifically declared in writing. 4.2 REVIEW OF CONTRACT DOCUMENTS . 4.2.1 The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Architect any error, inconsistency or omission he may discover. The Contractor shall carefully study the information on the soils and required fill given by the Owner and shall call any problems to the Owner's attention immediately. The Contractor shall not be liable to the Owner or the Architect for any damage resulting from any such errors, inconsistencies or omissions in the Contract Documents. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Shop Drawings, Product Data or Samples for such portion of the Work. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract including coordination of work to be performed by the owner. 4.3.1.1 Contractor shall not proceed with this contract until Owner has given Contractor a written Notice to Proceed. 4.3.1.2 Before starting work, the Contractor shall locate all general reference points. He shall take such steps as are necessary to prevent their dislocation or destruction. Contractor shall employ a registered surveyor and be responsible for the accuracy of the site and building layout and elevations for the work. 4.3.1.3 Contractor shall coordinate the work of others as provided by 6.1.3. 4.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontractors and their agents and erforming any of the Work under a { employees. and other persons p ' contract with the Contractor. 4,3,3 The Contractor shall not be relieved from his obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Architect in his administration of the Contract, or by inspections, tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor, i 4.3.4 The Contractor shall have a superintendent or a project administrator at the project site who has prior experience in administering a public improvement contract for the State of Oregon, a city, a county, a special service district, or one of its other political subdivisions within the past five years. 4,4 LABOR AND MATERIALS 4.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other -facilities' and services necessary for the proper execution and completion of the Work, whether temporary permanent and whether or not incorporated or to be incorporated in the Work. 4.4.2 The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 4.4.3 After the Contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in Section 01600 of the Project Manual. The procedure for purchasing substitutes shall be as provided by the City Purchasing Ordinance and Rules, 4.5 WARRANTY 4.5.1 The contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all construction practices and procedures and Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not not conforming to these requirements, including properly approved and authorized, may be considered defective. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This ^� warranty is notlimitedby the provisions of Paragraph 13.2. M 9 4.5.2 All guarantees and warranties of equipment or materialsfurnished to Contractor or subcontractors by any manufacture or supplier shall run to the benefit of the Owner.' If any manufacturer or supplier of any equipment or material furnished a_guarantee or warranty for a period of excess of one (1) year from the date of acceptance, Contractor's extend for a like period as to such guarantee, shall be deemed to equipment or material. 4.5.3 Contractor shall fulfill any warranties of manufacturers for material or equipment installed. 4.5.4 The guarantees and warranties shall not be constructed to modify or limit, in any way, any rights or actions which owner may otherwise have against Contractor by law or statute or inequity. 4.6 TAXES AND BENEFITS 4.6.1 The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. 4.6.2 Contractor will pay promptly as due, to any person, copartnership, t association or corporation furnishing medical, surgical, and hospital care or other needed care and attention incident; to sickness or injury to the Contractor's 'employees, all sums which the Contractor agreed to pay for such services and all moneys and sums which the Contractor collected or deducted from employees wages pursuant to any law, contract or agreement for providing or paying for such service. 4.7 PERMITS, FEES, NOTICES AND LAWS 4.7.1 Unless otherwise Provided in the Contract Documents, the Contractor shall secure and pay for the building permit and for all other permits and governmental fees, licenses, inspections and approvals necessary for the proper execution and completion of the Work. 4.7.1.1 All fees, except as specified above under subparagraph 3.2.2.1, shall be included in the Contract as stated in Paragraph 4.7.1 and supplemented herein and shall be paid by Contractor. Contractor is to secure and pay for the general building permit for work and any other required governmental approvals under his Contract, and shall secure all certificates of inspection and of occupancy as required by the public authority. Each Subcontractor shall secure and pay for all special permits, fees and licenses for his work Deliver all permits and certificates to Architect at completion. Architect will assist in processing of Drawings and Specifications as required to secure a Building Permit. 4.7.2 The Contractor shall and shall require all subcontractors to give all notices and comply with all laws,ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 10 — to 4.7.2.1 Contractor shall and shall require all applicable subcontractors federal, j comply with all requirements of any l state and local law or regulation including but not limited to: ORS 279.316, 279.334 279.342 limitation on working irements; ORS 279.318 hours and overtime pay requ environmental and natural resource laws and rules, ORS 0 to 279.365 wages not less than prevailing rates; 279.35 ORS. 2 0 to Contractor Is certification of wage rates; ORS 279.021` preferences for Oregon contractors and reporting requirements for foreign contractors 4.7.2.2 As provided by ORS 279.315 the Contractor shall and shall require all subcontractors to comply with all applicable provisions of federal, state or local statutes, ordinances and regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the work under this contract and ; which are by this reference incorporated herein to the same r force and affect as if set forth herein in full. If the Contractor must undertake additional work _due to the enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the submission of the successful bid, the City shall issue a Change Order setting forth the additional work that must be undertaken. The Change Order _shall not invalidate the Contract and be, in addition there shall n to a reasonable extension, if necessary, of the contract time, a reasonable adjustment in the contract prices, if necessary, to compensate " the Contractor for all costs and expenses incurred, including overhead and profits, as a result of the additional work. 4,7.2.3 To the extent applicable, the Contractor and subcontractors shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, marital status, race, creed or natural origin. These requirements are set out in Executive order 11246 as amended, Executive Order 11141, Executive Order 11063, the Civil Rights Act of 1964, the Civil Rights Act of 1968, the Equal Pay Act of 1963, Section 503 of the Vocational Rehabilitation Act of 1973 as amended, the Vietnam Eva Veterans' Readjustment Assistance Act of 1974 as amended and the Age Discrimination Act of 1975, and all rules and regulations t issued pursuant to the Acts. The Contractor shall require every subcontract to comply with these requirements. 4,7,3 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accordance with the applicable laws, statutes, building codes and regulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect in writing, and any mplished by appropriate Modification. necessary changes shall be acco 7777-7 4- 4.7.4 If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Architect, he shall assume full responsibility therefor and _shall bear all costs attributable thereto. _4.8 ALLOWANCES t 4.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. -Items covered by these allowances shall be supplied for such amounts and by such persons as the Owner may direct, but the Contractor will not be required to employ persons against whom he makes a reasonable objection. , 4.8.2 Unless otherwise provided in the Contract Documents: .1 these allowances shall cover the cost to the Contractor, less any applicable trade discount, of the materials and equipment required by the allowance delivered .at the site, and all applicable taxes; .2 the Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance; .3 whenever the cost is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, the amount of which will recognize changes, if any, in handling costs on the site, labor, installation costs, overhead, profit and other expenses. 4.9 SUPERINTENDENT 4.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Architect and Owner and shall not be changed except with the consent of the Architect, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be so confirmed on written request in each case. 4.10 PROGRESS SCHEDULE 4.10.1 The Contractor, within seven days after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information an estimated progress schedule for the Work. The progress schedule shall be related to the entire 'Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable- p�'�"� execution of the Work. The Contractor shall designate the Work to be \:k performed by the bidder with his own force. — 12 u e. , 4.10.2 The Contractor and all Subcontractors, suppliers and manufactures r� shall schedule materials, deliveries and installations to conform l with the Contractor's progress schedule, and provisions to this effect shall be included in all subcontracts. 4.10.3 The Contractor shall schedule and coordinate the Work of all Contractors on the Project through the use of a bar graph Schedule. 4.10.4 Within thirty (30) days after receipt of written notice of award of this Contract and before the first progress payment is made, the successful Contractor, shall submita bar graph schedule and shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the Contract and each subcontract. The Contractor's schedule information shall be incorporated into the bar graph and form the basis for evaluating progress on the job. The Contractor's detailed schedule shall show all pertinent activities including but not limited to submittal dates and required dates of approval for shop drawings (See Section 01300), purchasing activities such as ordering and delivery dates, and activities interfacing or interacting with other Contractors, trades, or services. This includes the monitoring and furnishing of monthly updates comparing the actual progress with the current schedule and as required under Section 01025 for evaluation of applications for payment. This includes providing scheduling information for changes, alterations or additions -to- the Work. The schedule shall be revised monthly and as required by the conditions of the Work. The activities shown on the schedule will conform to the schedule of values defined under Article 9 "Payments and Completion" and as set forth under Section 01025. All progress payments will be measured and evaluated off the bar graph schedule based on work—in—place. 4.10.5 The Contractor shall furnish and pay for preparation of the bar graph schedule, based on the Contractor input as set forth hereinabove including monthly updating thereof, and include costs for same in the Base Bid. 4.11 DOCUMENTS AND SAMPLES AT THE SITE 4.11.1 The Contractor shall maintain at the site for the Owner one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently with the date the change was authorized to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These 'shall be available to the Architect and shall be delivered to him for the Owner upon completion of the Work. 4.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings_ are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 13 4.12.2 Product Data are illustrations, standard schedules, performance rr charts, instructions, brochures, diagrams and other information L^ furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. _ 4.12.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents, 4.12.5 8y approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Cr,ntract Document. 4.12.6 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Architect's approval ,of Shop Drawings, Product Data or Samples under Subparagraph 2.2.14 unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Architect's approval thereof. 4.12.7 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Architect on previous submittals. 4.12.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Architect as provided in Subparagraph 2.2.14. - All such portions of the Work shall be in accordance with approved submittals. 4.12.9 The method, type, and number of Shop Drawings and Samples are to be submitted as set forth in the Project Manual, Section 01300; conform thereto. Any references to Paragraph 4.12 elsewhere in the contract Documents shall be read as referring to the same subject matter in Section 01300. 4.13 USE OF SITE 4.13.1 The Contractor shall confine operations at the site , to areas permitted by law, ordinances, permits and the Contract Documents and shall not unnecessarily encumber the site with any materials or equipment. s — 14 — 4 16 COMMUNICATIONS 4.16.1 The Contractor,shall forward all communications to the Owner through the Architect. 4.17 ROYALTIES AND PATENTS 4.17.1 The Contractor shall pay all royalties and license fees. tie shall defend all suits or claims for infringement of any patent rights and shall' save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Architect. 4.18 INDEMNIFICAI ,, , 4.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Architect and their agents and employees from-and-against_ all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily > injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 4.18. The Contractor agrees to being named by the Owner or the Architect as a party to any arbitration or litigation in which the Owner or Architect alleges indemnification or contribution from subcontractors, any one directly or indirectly employed by any of them, or any one of whose acts any of them rr+ay be liable. Article 4.18 shall survive acceptance of the work and completion of the Contract. 4.18.2 Except as otherwise provided by law, in any and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 4.18 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. t — 15 — . w - n 4.18.3 The obligations of the Contractor under this Paragraph 4.18 shall not (� extend to the liability of the Architect, his agents or employees, ` T arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or failure to give directions or instructions by the Architect, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. CI- - 16 — s t ARTICLE 5 SUBCONTRACTORS L 5.1 'DEFINITION person or entity who has a direct contract with 5.1.1 A Subcontractor is P of the Work at the site. The term the Contractor to perform- anyas if Subcontractor is referred to throughoutenders an means ao Sub ontractor singular in number and masculine in g or his authorized representative. The term Subcontractor dogs not include any separate contractor or his subcontractors. 5.1.2 A Sub—subcontractor is a person or entity who has a' direct or indirect contract with a Subcontractor to perform any of the Work at the sitethe The term Sub-subcontrac o number ref erred and ma oulineugn0 ut gender Contract Documents as if singe and means a Sub-subcontractor or an authorized representative thereof. 5,2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORT( i 5.2.1 Unless otherwise requor bContract a wi hin,sevendaysafter the award cuments or the Bidding fdthe Documents the Contract Contract, shall furnish to, the Owner and the Architect in writing the names of the persons or entities (including those who are to furnish ecia ) for to a materials or equipment each of the principal portions fabricated of the pWorkl The design Architectd will promptly. reply to the Contractor in writing stating whether or not has reasonable the owner or the Architect, after due investigation. Failure of the objection to any such proposed Promptly erson or shall entity.tute notice of no Owner or Architect to reply reasonable objection. tors shall be ed 5.2.1.1 The list of all icableeaftercawardc of the work but in case as soon as practic ys after notice of award. Thelist later than seven daof shall include the flames sof all Subcoronal tofg or Approval expressly a Subcontractor does nottrac "'ply approval the . materials or equipment proposed to be ve and approve, materials a PP � furnished by that Subcontractor lofmthe Architect equipment are subject to final approval and Owner. 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the Owner ° f Subparagraph 5 the Architect h2$1. made The Contractor objection under the provisions o P shall not be required to contract with anyone to whom he has a reasonable objection. 5.2.3 If the Owner or the Architect has reasonable objection to any such proposed person or entity. the Contractor shall submit a substitute >� to whom the Owner or the Architect has no reasonable objection, and y - reased or decreased in cost occasioned the Contract Sum shall be inc ", r 17, e M MR by such substitution and an appropriate Change Order 'shall be issued; however. _no , increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting names as required by Subparagraph 5.2.1.1. 5.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to ,such substitution. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By an appropriate agreement, writtenwhere legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the `Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and the Architect. Said agreement shall preserve and protect the rights of the Owner and the Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor-Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by -these Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with his Sub-subcontractors. The contractor shall make available to each proposed Subcontractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3 and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make copies of such Documents available to his Sub-subcontractors. «3; } r i i F } ARTICLE 6 f WORK BY OWNER OR BY SEPARATE CONTRACTORS t 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS } 6.1.1 The Owner reserves the right to perform work related to the Project g with his own forces, and to awardseparate contracts in connection with other portions of the Project or other work on the site under these or similar Conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, he shall make such claim as provided elsewhere in the Contract Documents. 6.1.3 The Contractor will provide for the coordination of the work of his own forces, of each separate contractor and of the Owner with the Work oftheContractor, who shall cooperate therewith as provided in Paragraph 6.2: 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Documents. - 6.2.2 If any part of the Contractors Work depends for proper execution or results upon the work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Architect any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acceptance of the Owner's or separate Contractor's work as fit and proper to receive his Work, except as to defects which may subsequently become apparent in such work by others. 6.2.3 Any costs caused by defective or ill—timed work shall be borne by the party responsible therefor. 6.2.4 Should the Contractor wrongfully cause damage to the work or property of the Owner, or to other work on the site, the Contractor shall promptly remedy such damage as provided in Subparagraph 10.2.5. 6.2.5 Should the Contractor or any of his subcontractors cause damage of any kind, including but not limited to delay, to any separate contractor on the project, the Contractor shall, upon due notice, promptly attempt to settle with such separate contractor by agreement or otherwise to resolve the dispute. Contractor agrees to submit to arbitration any unresolved dispute, in any amount, with any separate contractor. The Owner or Architect shall not be made party to such an arbitration. If such separate contractor sues or initiates an arbitration proceeding against the. Owner and/or the Architect on x,19 _ account of any damage alleged to have been caused by the Contractor, the Owner and/or Architect shall notify the Contractor who shall {� defend such proceedings at the Contractor's expense. If any judgment or award of any kind results against the Owner or Architect, whether or not the Contractor, having been notified, defends the proceedings, the_Contractor shall' pay or satisfy it and shall reimburse the Owner and/or Architect for all expenses, attorneys' fees, court or arbitration costs which' the owner and/or Architect incurred, including actual cost expenditures in defense which may not be costs allowed in court or arbitration. 20 — ARTICLE _7 t MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be. governed by the law of the place where the Project is located 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written `consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the, previous written consent of the Owner. 7.3 WRITTEN NOTICE 7.3.1 Written notice shall be deemed to have been duly served if delivered in person the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice except that all written notice to the Owner and to the Architect shall be delivered in person on _ by registered mail to: Smith/Dull Partnership, 20915 SW 105th, Tualatin, OR 97062. 7.4 CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his employees, agents or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 7.5 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 7.5.1 Contractor shall secure, include casts therefor in the bid, and pay for an Oregon Public Works Performance Bond in compliance with Sections 279.029, 279.542 and 701,430 of the Oregon Revised Statutes, issued by a bonding company licensed to transact business in the State of Oregon. Other bond forms will not be acceptable. Contractor shall secure a Labor and Materials payment bond. Liability under each of the bonds shall be as follows: .1 21 f h Performance Bond: i !. 100% of contract sum for (1) performance, (2) labor and material payment, and (3) for one year' s maintenance for correction of defective work from the date of final acceptance. Labor and Materials Payment Bond: 100% of the contract sum for (1) performance, (2) Labor and Materials payment, and (3) for one year's maintenance for correction of defective work from the date of final acceptance. 7.6 RIGHTS AND REMEDIES 7.6.1 The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and reedies not a limitation of any duties, obligations, rights and instmtutes otherwise imposed or available by law. If either party any suit, action or other proceeding, to enforce any covenant or es agreement hereof, or to obtainany of the remedies herein provided, the prevailing party shall be entitled to recover such sum of money as the court may adjudge reasonable as attorney's fees and court costs in such suit, action or other proceeding, including any appeals taken by either party in such suit, action or, proceeding. 7.6.2 No action or failure to act by tri htw or he /dutychitect affordedrany na of shall constitute a waiver of any g under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7.7 TESTS 7.7.1 If the Contract Documents, laws, ordinances. rules, regulations gula ices or any orders of any public authority having j roved, the portion of the Work to be inspected, tested or app Contractor shall give the Architect timely notice of its readiness so the Architect may observe such inspection, testing or approval. The -Contractor shall bear all costs of such inspections, tests or approvals conducted by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspections, tests or approvals. 7.7.1.1 Independent laboratory or Special Inspector's tests for certain items of work will be paid for by the Owner as set forth underSection01400. 7.7.2 If the Architect determines that any Work requires special inspection, testing, or approval which Subparagraph 7.7.1 does not include, he will, upon written authorization from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in Subparagraph 22 O 7.7.1. If such special inspection or testing reveals a failure of (� the Work to comply with the requirements of the Contract Documents, `-, the Contractor shall bear all costs thereof, including compensation of the Architect's additional services made necessary by such failure; otherwisethe _ Owner shall bear , such costs, and an appropriate Change Order shall be issued. 7.7.3 Required certificates' of inspection, testing or approval shall be secured by the Contractor and promptly " delivered by him to the Architect 7.7.4 If the Architect is to observe the inspections, tests or approvals required by the Contract Documents, he will do so promptly and, where practicable, at the source of supply. 7.9 DISPUTE RESOLUTION 7.9.1 All claims, disputes and other matters in questions between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof, except as provided in Subparagraph 2.2.11 with respect to the Architect's decisions on matters relating to artistic effect, and except ;for claims which have been waived by the making or acceptance of final payment as provided by Subparagraphs 9.9.4 and 9.9.5, shall be decided by a court of law under `;regular rules of civil procedure unless the parties mutually agree to binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and in accordance with any other limitations or conditions set forth and mutually agreed to by the parties, 7.9.3 Except as otherwise provided in this contract, or unless otherwise agreed in writing, the Contractor shall carry on the work and maintain its progress during any court or arbitration proceedings, and the Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. 23 , z ARTICLE F TIME i 8.1 DEFINITIONS E Period of time al Unless otherwise- provided, the Contract Time is the p Completion of the 8.1.1 authorized t allotted in the`Contract Doc or 8 Ub 3 a�tincluding Work as defined in subparagraph � adjustments thereto. $ Work is the date established in a the 8.1,2 The date of commencement of roceed# itshallbe the no notice to proceed. If there is rEeme t noticethereother date asY be date of the owner-Contractor A9 t established therein•.. portion designated p completion of the Work or s the Oeste 8.1.3 The Oeste of Substantial Comp alternates therefor, thereof, including additivestipulated in of ied by the Architect and n e owner aftas notif ication by ter substantially subparagraph 9.8.1 thethArch tett that the Work is the Contractor to 01700 mit issued by complete, all prerequisite items specif an occupan y Section have been comp from the Contractor met, and obtain.ng Department:, when the construction of the Work is icated in the the local Building complete with all operational,erat Tonal ork and Mall in aaccordance with sufficientems in ly lace and p Contract Documents in p so the owner may occupy the Work or The the Contract Documents, use the days for review designated portion thereof be allowed upotowseven�(7) s intended. Architect and Owner shall Such acceptance, and ratification to Contractor as to acceptance. Mated in including preparation of the Certifiubstancate Completionof r,asa stipmpletion, shall establish the Date of that the owner may occupy the Work or subparagraph `�•8 1 e fact or designated portion thereof oWork dafter e t nottindicate that the Workis Substantial Completion of theliquidated substantially completed, nor doss such occupation. toll any damages requirement• as to all acts or As between the Owner and the Contractor,o the relevant Date of failures to act occurring any applicable statute of Substantial Completion. alleged cause of limitation shall commence to run and any crued in any and all action shall be thane such Oateto e ar of Subst ntial Completion; events not lasubsequent to as to all acts or failures tial�Complea ong any applicable the relevant Date of Substan to run and any statute of limitations shall commercein accrued alleged cause of action shall tihanetheadatehofeissua issuance of any and all events not later the final Certificate of Payment as used in the ar Contract Documents shall day requiring 8.1.4 The term day desi nested. When any the .f{ day unless otherwise specifically g or holiday observed by performance 'falls on a Saturday. Sunday day or performance shall be City, the date fthe next working 24 r 1. 8.2 PROGRESS AND COMPLETION N' 8,2.1 All time limits stated in the Contract Documents are of the essence of.the Contract. 8.2.2 The Contractor shall begin the Work on the date of commencement as defined in Subparagraph, 8.1.2. He shall carry the Work forward expeditiously with -adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.3 The Owner will incur serious and substantial special, incidental and consequential damages if Substantial Completion and transfer of certificate of occupancy for the Work does not occur by the date stipulated for Substantial Completion. It would_ be difficult if not impossible to determine the amount of such damages. Consequently, the sum of $300.00 per calendar day is agreed -upon as liquidated damages, and not as a penalty, which amounts will be due and payable by the ,Contractor to the Owner upon demandfor each day of delay in Substantial Completion of the Work (i.e., each day by which the Substantial Completion and transfer of certificate of occupancy of the Work as -stipulated above under Subparagraph 8.1.3 is later than the date stipulated in Section 01010 for Substantial Completion of the Work)., 8.2.4 The foregoing provisions for liquidated damages are intended to be in lieu of the liability of the Contractor for; special. incidental and consequential damages (suchascost of capital and loss of profits, use and revenue) sustained by the Owner but shall not relieve or release the Contractor from liability for any and all damage or damages suffered by the Owner due to other breaches of the contract or suffered by separate contractors. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the progress of the Work by any act or neglect_ of the Owner or the Architect, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or fire, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by any other cause which the Architect determines may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.1.1 The Contractorshallbe allowed a reasonable extension of time and 'reasonable compensation should the Owner suspend work on the contract for rea=ons other than a labor dispute as provided by ORS 279.328, but subject to ORS 279.333. 8.3.2 Any claim for extension of time under Subparagraph 8.3.1 shall be made in writing to the Architect not more than twenty days after the cammencement of the,delay; ;otherwise itshall be waived.' In the case 75 — only one claim is necessary. The Contractor delay on of a continuing probable effect of such delay on the ( shall provide an estimate of the *..` progress of the Work. es upon which interpretations 8.3.3 If no agreement is made stating the dat as provided in subpa lraph owed ton account of failurebe is fish sh no csuch for delay; shall be interpretations until fifteen days after written request is made for them, and not then unless such claim is reasonable. for delay 8.3.4` This Paragraph 8.3 does not excludvisionsthe eofUery theQContragts Documents. by either party under other pro the recovery of damages for delay The Contractor is excluded from from the Owner where such delay has actually been' caus.ad by anyone other than the owner. w eriftContractor na�ynotsseekndamages fcaused rom the owner. than the Owner,' t for but rather shall seek damages directly from the partay�t estop anyIe such the delay. The owner shall not be added as a party proceeding whether in arbitration or litigation.to ainstl� or t Contract be creates- a right for the her Contractor cantractor for the purposes of proceeded against, by any resolving responsibility and damages for delay. e?-a Ye t — 26, — ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACTSUM 9.1.1 The Contract Sum is stated in the Owner--Contractor Agreement and, including authorized adjustments thereto, is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 912.1. Before the first Application for Payment, the Contractor shall prepare a Schedule of Values as, set forth in Subparagraph 4.10.4 of the Supplementary Conditions. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Progress payments shall be made as provided by ORS 279.575. At 'least thirty days before the date for each,progress payment, the Contractor shall submit to the Architect an itemized Application for Payment, notarized if required, supported by such data substantiating the Contractor's ,right to payment as the Owner or the Architect may require,' and reflecting retainage, if any, as provided elsewhere in the ,Contract Documents. Retainage will be withheld at a rate of .5% in accord with Sections 279.410, 279.420, 279.430, 279.575 and 'J 701.410 Et Seq Oregon Revised Statutes and the City of Tigard Purchasing Rule, AR 40.030. 9.3.1.1 The retainage shall be held by the Owner until it is included in and paid to the Contractor as final payment of the contract amount. If the Contractor elects, retainage as accumulated shall be deposited by the City of Tigard in an interest bearing account in accordance with ORS 279.420(4). If the Contractor elects, the Contractor may deposit bonds or security with the Owner or in any bank or trust company to be held in lieu of the cash retainage in accordance with ORS 279.420(3). 9.3.1.2 It is a condition precedent to Contractor's right to any payment under the Contract that all bills for labor and materials, including labor and materials supplied by or' to Contractor, shall have been paid in full and, if requested by owner, Contractor shall- have submitted receipted invoices and/or lien waivers, as evidence of payment in full of all such accounts. As a further condition precedent to Contractor's right to any payments under the Contract, if requested by Owner. Contractor shall submit a Tien waiver before any payment, and a final lien waiver stating Contractor has been paid in full prior to the final payment. — 27 — k Contractor, for itself or for all subcontractors, materialmen and other furnishing labor, materials or supplies to Contractor under this Contract or any amendment or modification thereof, waives and relinquishes all rights to file any lien upon the structure or the land upon which r the Civic Center is erected and expressly agrees that no ' construction lien shall be filed by any of them for work -done: or materials furnished to the Civic Center, or any part thereof or any appurtenances thereto, and Contractor further agrees that this document or a separate stipulation against filing of liens in a form approved by the Owner from the filing of such liens, Contractor shall obtain similar agreements from persons, firms and corporations and subcontractors employed by him. 9.3.2 Unless otherwise providedinthe Contract Documents, payments will be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site. No payment will be made for materials or equipment stored at some other location, payments for materials or equipment stored on the site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest. 9.3.3 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to in this Article 9 as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment $or the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within fifteen days after the receipt of the Contractor`s Application for Payment, either issue a Certificate for Payment to the Owner, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor in writing his reasons for withholding a Certificate as provided in Subparagraph 9.6.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on his observations at the site as provided in Subparagraph 2.2.3 and the data comprising the Application for Payment, that the Work has progressed to the point indi^ated; that, to the best of his knowledge, information and bel,. F. the quality of the Work is in accordance with the Contract.Documents (subject to an evaluation of 28 _- - the Work for conformance with the Contract- Documents upon Substantial Completion, to the results of any subsequenttests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Architect shall not thereby be 'deemed to represent that he has made exhaustive or continuous on—site inspections to check the quality or quantity of the Work that he has reviewed construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum.' 9.5 PROGRESS PAYMENTS AND COMPENSATION TO WORKERS 9.5.1 Progress payments shall be made in accordance with ORS 279.575. After the Architect has issued a Certificate for Payment, the Owner shall make payment within fifteen days. 9.5.1.1 The Contractor shall submit an itemized statement of work completed to the Architect who shall verify the amount of work completed and the value of work completed at the end of each calendar month. However, the Architect shall not be required to make exhaustive or continuous on—site inspections to check the quality or quantity of the Work or that he has reviewed construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used monies previously paid on account of the Contract Sum. The sum of these values will herein be collectively referred to as ,value of completed work" with these estimates as a base, a partial payment will be made 4 to the Contractor, which partial payment shall be equal to the value of the complete work, less such amounts as may have been previously paid, less such other amounts as may be deductible or as may be owing and due the Owner for any cause and Tess retainage in an, amount not to exceed 5% of the value of work completed. 9.5.1.2' Payments to Contractor hereunder shall be made by the Owner within fifteen (15) days of receipt of proper Certificate of Payment from the Architect. All Certificates of Payment must be submitted by the Architect to Accounts Payable, at the Owner's address. A copy of each invoice, marked COPY in an obvious manner must also be submitted to City's 4 Representative. t 9.5.1.3 The making of a progress payment shall under no circumstances. be construed as an acceptance of the work or materials under this Contract or a waiver of any defects. [{ �, — <29 — 9.5.1.4 The interest shall commence thirty (30) days after- the request for payment is made by the Contractor or 15 days ~' aftera ment` is p y approved by the Owner whichever is the earliest date. Interest shall be paid by the Owner or the Architect _depending on the party- which caused the late payment. 9.5.2 Pursuant to ORS 279.348 through 279.365 the Contractor shale pay its workers and subcontractors and agrees to require any subcontractor or other person doing or contracting to do whole or any part of the work under the contract to pay their workers not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality where such labor is performed as specified in the document entitled "Prevailing Wage Rates" dated January `1, 1985, and included in, the "Specifications and Contract Agreement Document." The Contractor shall keep the prevailing wage rates for this contract posted in a conspicuous and accessible place in or about the project as required by ORS 279,350(4) and shall require 'every subcontractor to comply with the same requirements. 9.5.2.1 The Contractor or the Contractor's surety and every subcontractor or the subcontractor's surety shall ,file certified statements with the Owner in writing in form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the Contractor or the subcontractor has employed upon such public work, and further certifying that no workeremployees upon less than the minimum hourly rate of wage specified in the contract, which certificate and statement shall be verified by the oath of the Contractor or the Contractor's surety or subcontractor or the subcontractor's surety that the Contractor or subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractor or subcontractor's knowledge. The certified statements shall set out accurately and completely the payroll records for the prior week including the name and address of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wage paid. 9.5.2.2 Each certified statement shall be delivered or mailed by the Contractor or subcontractor to the Owner. A true copy of the certified statements shall also be filed at the same time with the Commissioner of the Bureau of labor and Industries. Certified statements shall be submitted as follows: (a) For any project 90 days or less from the date of award of the contracttothe date of completion of work under the contract, the statements shall be submitted once before the first payment and once before final payment is made of ,any sum due on account of a contractor for a public work. 30 ' AeMm, z (b) For any project exceeding 90 days from the date of award of the contract to the date of completion of work under the contract, the statements shall be submitted once before the first payment is made, at 4 90--dayintervals thereafter, and once before final payment is made of any sum due on account of a contract for a public work. At any reasonable time the Commissioner of the Bureau of Labor and ' Industries may enter the office or business establishment of the Contractor and every subcontractor to gather facts and information or to inspect records to determine iF the prevailing rate of wage is actually being paid by the Contractor and ,every subcontractor to workers upon this contract in accordance with URS 279.355. 9.5.2.3 Contractor agrees that no person shall be employed for more than eight (8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, emergency or where the Owner absolutely requires it, and in such cases the laborer shall be paid at least time and a half pay for all overtime in excess of eight (8) hours a day and for work performed on Saturday and on any legal holiday as specified in ORS 279.334. ' 9.5.2.4 Contractor agrees that, no employee of the Owner shall be required to work overtime or on a Saturday, Sunday or holiday in the fulfillment of this contract except where the Contractor agrees to reimburse the Owner in the amount of money paid the employee for such work as determined by state law, the Owner's personnel rules or union agreement. The Contractor shall require every subcontractor to comply with this requirement. 9.5.2.5 The Contractor agrees to post and keep posted for the duration of the work on this contract a clear copy of ORS 279.336 which details the amount of time a worker has to file a claim for overtime compensation. This notice shall be posted in a prominent place at the project site which is readily available and fully visible to any or all workers employed on this project. Further, the Contractor agrees to require all subcontractors to comply with this requirement. 9.5.3 The Architect may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding the percentages of completion or the amounts applied for by the Contractor and the action taken thereon by the Architect on account of Work done by such Subcontractor. 9.5.4 Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by law'. - 31 •- 9.5.5 No Certificate for a progress payment, nor any progress payment, nor (" any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work or materials not in accordance with the Contract Documents or a waiver of any defects, 9.6 PAYMENTS WITHHELD 9.6.1 The Architect may decline to certify payment and may withhold his Certificate in whole or in part, to the extent necessary reasonably to protect the Owner, if in his opinion he is unable to make representations to the Owner as provided in Subparagraph 9.4.2. If the Architect is unable to make representations to the Owner as provided in Subparagraph 9.4.2 and to certify payment in the amount of the Application, he will notify the Contractor as provided in Subparagraph 9.4.1. If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the Owner. The Architect may also decline to certify' payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, to such extent as may" be necessary in his opinion to protect the Owner from loss because of: .1 defective Work not remedied, 2 third party claims filed or reasonable evidence indicating probable filing of such claims, .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment, .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, .5 damage to the Owner or another contractor, .6 reasonable evidence that the Work will not be completed within the Contract Time, .7 persistent failure to carry out the Work in accordance with the Contract Documents, .8 failure to present affidavit pertaining to wages paid as required by the Contract Documents, .9 Delay by the Contractor, or .10 Liquidated damages. 9.6.2 When the above grounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld because of them. {• 32 9.6.3 Unless the Contractor selects another option under ORS 279.420, as # stipulated above, a sum equal to five percent (5%) will be withheld, as a retainage, from the monthly progress billings submitted by the Contractor to the Owner.- With each payment request: Contractor shall furnish a signed receipt from each Subcontractor and firms furnishing work on the project attesting that he has been paid in full, less retainage as stipulated herein, for work provided by them up to and including the previous payment request. 9.6.4 Pursuant to Oregon Revised Statutes ORS 279.312, the Contractor shall make prompt payment, as due, to all persons supplying to the Contractor labor or material for the prosecution of the work provided for herein, pay all contributions or amounts due the State Industrial Accident Fund from the Contractor incurred in the performance of the contract herein, not permit any lien or claims to be filed or prosecuted against the City on account of any labor or material furnished; and to pay the State Tax Commission all sums withheld from employees pursuant to ORS 316.1.67. 9.6.5 Pursuant to ORS 279.314, if the Contractor fails, neglects or refuses to make prompt payments of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with a "public contract", as defined in ORS 279, as such claim becomes due, the proper official representing the Owner may pay such claim to the person furnishing the labor or services and charge the amount of ' the payment against funds due or to come due the Contractor by reason of this Contract, but the payment of a claim in the manner authorized herein shall not relieve the Contractor or his surety from his or its obligation with respect to any unpaid claims. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within fifteen (15) days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within fifteen (15) days after the date established in the Contract Documents any amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven (7) additional days' written notice to the Owner and the Architect, stop the Work until payment of the amount owing has been received. The Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, which shall be effected by appropriate Change Order in accordance with Paragraph 12.3. 9.8 SUBSTANTIAL COMPLETION 9,8.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subparagraph 8.1.3, the Contractor shall prepare for submission to the - Architect a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Architect on the - 33 - : �ffin s that the Work or designated portion basis of an inspection determines t r- thereof is substantially complete, he will then prepare a Certificate of Substantial Completion - which' shall establish the Date of Substantial Completion. shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities. damage shall fix the time within which the to the Work, and insurance, and _ items listed therein. Warranties Contractor shall complete the nts shall commence o required by the Contract' Documen the Date of Substantial Completion of the Work or designated portion thereof unless otherwise provided - in the Certificate of , Substantial Completion, The Certificate of Substantial Completion shall be Contractor for their written submitted to the Owner and the assigned to them in such acceptance of the responsibilities Certificate. g 8,2 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the owner shall make payment, reflecting adjustment in a r such Work or portion thereof, as provided in retainage, if any, fa E the Contract Documents. The payment shall be sufficient to increase the total payments to 95% of the Contract Sum, less such amounts as the Architect shall determine forallincomplete Work and unsettled claims. 9.8.3 The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the owner under the following conditions: ,1 p Certificacate of Substantial Completion shall be prepared and in Subparagraph 9:8,1 of the accompanying executed provided General Conditions of the Contract far Construction, f supplemented, and further stipulated under Subparagraph 8.1,3 of of these Supplementary Conditions. The Certificate of Substantial Completion shall be accompanied by a written endorsement of the Contractor's insurance carrier and surety permitting occupancy by _ _ the remaining period of Project Work. .2 occupancy by the Owner shall not be construed by the Contractor as being acceptance of that part of the Project to be occupied. ,3 The Contractor shall not be held responsible for any damage to the occupied part of the Project resulting from the owner's occupancy. .q occupancy by the Owner shall not be deemed to constitute a waiver of existing claims in behalf of the Owner or Contractor against each other. _ .5 Occupancy by the owner prior to Project acceptance does not to maintain all rel;eve the Contractor of his responsibility Contractor's liability insurance and bonds required of the Contractor under the Contract until the entire Project is completed and accepted by the owner. a 34 .6 The Certificate of Substantial Completion shall except work that may be incomplete at time of occupancy or that may extend to unoccupied areas 9.8.4 Should the Architect repeatedly perform unnecessary rei.nspections which occur because of failure of the Work to comply with claims of status of completion madeby the Contractor, then the Owner will compensate the Architect for these unexpected additional services to the extent the Owner has the right to deduct the cost from the final payment due the Contractor. It is agreed that the Owner shall have the right to deduct the cost for such services from the final payment due the Contractor, subject to the following limitations: i That the Owner's claims for unnecessary reinspections apply only to the period beginning with the Contractor's notice of substantial completion, and ending on the date of final acceptance; .2 That the definition of unnecessary inspections, andthe cost for same shall be as set forth in Division 1 of this Project Manual, Section 01700, entitled Contract Close—out. 9.9 FINAL COMPLETION AND FINAL PAYMENT 9.9.1 As provided by ORS 279.575(3) and City of Tigard Purchasing Rule, AR 40.035, upon receipt of written notice that the Work ,is ready for final inspection and acceptance and upon receipt of - a final .' Application for Payment, the Architect shall make such inspection within fifteen days and, when he finds the Work acceptable under the Contract Documents and the Contract fully performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final Certificate, is due and payable upon satisfaction of the requirements of 9.9.2. The Architect's final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final payment as set forth in Subparagraph 9.9.2 have been fulfilled. Interest shall be as provided by ORS 279.575(3). 9.9.2 As provided by ORS 279.575(3) and City of Tigard Purchasing Rules, AR 40.025 and 40.040, neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Architect the following: (1) An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible have been paid or otherwise satisfied; r (2) Consent of surety, if any, to final payment; �y — 35 — (3) If required by the Owner, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of 'liens arising out of the ,Contract, to the extent and in such form as may be designated by the Owner. If any s Subcontractor refuses to furnish a release or waiver required ,by i the Owner, the Contractor may furnish a bond satisfactory to the - t Owner to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Additional provisions pertaining to final acceptance of the Project and release of retainage are specified in Section 01700 of this Project Manual; conform thereto; and (4) Four copies of the following close—out manuals and documents: (a) Form of Manuals: (i) Prepare data in the form of instructional manuals for use by Owner's personnel. Use 8-1l2" X 11." manual format in 3r-ring binder, (ii) Include drawings, indexed tabs and title for each manual. _(b) Content of Manuals: (i) List products, equipment and systems used in the Project. List project installer, maintenance program and local source of supply for replacement parts. (ii) Include product data with specific product clearly identified. (iii) Include drawings of control diagrams, flow diagrams and system relationships. (c) Materials and Finishes Manual: (i) Include manufacturer's data, catalog number, color and texture of finishes used. (ii) Include instructions for care and maintenance on finishes including cleaning agents, methods and cleaning and maintenance schedule. x (d) Equipment and Systems Manual: (i) - Include manufacturer's description, operating characteristics, performance data, testing and balancing data and printed operating and maintenance instructions. ,xp k. 1 x --36 "s- WMMM Include manufacturer's catalog number and replaceable parts list. (iii) Include start-up, break—in, operating instructions, control, stopping, shutdown, emergency instructions, and operating sequence. (iv) Include operation instructions, maintenance procedures, servicing and lubrication schedule, sequence of operation and control diagrams. (v) Include circuit directories of panelboards and as--installed color coded wiring diagrams. (e) Warranties and Bonds Manual: (i) Assemble warranties, bonds and service and maintenance contracts executed by each manufacturer, supplier and subcontractor. (ii) Include table of contents, beginning date and duration of warranty, bond or service contract, and party to contact in case of claim against warranty. (f) Spare Parts and Maintenance Materials Manual: (i) Tabulate list of spare parts and maintenance materials showing product description, paragraph in Project Manual listing product and quantity delivered to Owner. (g) As built drawings (one in a reproducible form). 9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 7.5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the . Contractor to the Architect prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.9.4. The makingof final payment shall constitute a waiver of all claims by the Owner except those arising from: z; — 37 — f 1 unsettled liens, .2 faulty or defective Work appearing after Substantial Completion, t -.3 failure of the Work to comply: with the requirements of the Z Contract Documents, or r h .4 _terms of any special warranties required by the Contract Documents. E 9,9.5 The acceptance of final payment shall constitute a waiver of all claims by,the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment. - t .31.Y f �Ka — 38 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to preven* damage, injury or loss to: .1 all. employees on the Work and all other persons who may be affected thereby: .2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub--subcontractors; and .3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and ( utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall obtain all necessary permits and shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy all damage or loss (other than damage or loss insured under Paragraph 11.3) to any property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for > whose acts any of them may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, exceptdamageor - 39 - a_ doss attributable to the acts or omissions of the Owner or Architect { or anyone directly or indirectly employed by either of them, or by anyone for whose acts 'either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 4.18. 10.2.6 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. 1-his person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and the Architect. 10.2.7 The Contractor shall not 'load or permit any part of the Work to be ` loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In any emergencyaffecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Article 12 for Changes in the Work. ;a y i Z ` 40 t , t F ARTICLE 11 INSURANCE 11,1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor prior to commencing work shall purchase and maintain in a company or companies licensed to do business in the State and shall include the costs therefor in the fuse Bid such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts; 2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees. The Contractor shall take out and maintain during the life of this Contract a statutory Workmen's Compensation or Employer's Liability -Insurance for all of his employees to be engaged in work on the project under this Contract and, in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation And Employer's _Liability Insurance for all of the latter's employees to be engaged in such work; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; .4 Claims for damages insured by usual personal and bodily injury liability coverage which are sustained (1) by any person as a result of ars offense directly or indirectly relatedto the an employment of such person by the Contractor, or (2) by y other person; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. This includes coverages for Owned Automobiles, Non-Owned Automobiles and Hired-Cars; and .7 Blanket Contractual Liability. The Contractor shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the Owner, - nor shall the Contractor allow any 41 subcontractor to commence work on his subcontract until all insurance required of the subcontractor similar has been so obtained and evidence of the required insurance has been submitted to the Contractor. Approval of the insurance by the Owner shall not relieve or decrease ,the liability of the Contractor herein. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, whichever is greater. All insurance referred to in Article 11 shall have a Best's rating of Ai- except as otherwise approved by the Owner. 11: 1.2.1 The Contractor shall take out and maintain during the life of this Contract such Public Liability andPropertyDamage Liability Insurance and Automobile Public Liability and Property Damage Liability Insurance as shall protect him, the Owner, and Architect/Engineers, and any subcontractor performing work covered by this Contract from claims for damages for bodily injury and personal injury, including accidental death, as well as from claims for property damage and Civil Rights claims or other types of claims arising from employment practices which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall not be less than: .1 Public Liability Insurance in an amount not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than Two Million Five Hundred Thousand Dollars ($2.500,000.00) for each occurrence. .2 Property Damage Liability Insurance in an amount not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for damages for each occurrence. The Contractor's Public Liability Insurance and Property Damage Liability Insurance shall provide the primary coverage on all claims arising out of the performance of the Contract, and shall name the Owner, its officers, agents, and employees, and the Architect/Engineers as additional named insureds therein. The policy shall be endorsed to stipulate that no cancellations or reduction in coverage shall be made without giving thirty (30) days advance written notice to the Owner by registered mail. Such insurance shall be primary and concurrent with any other insurance held by Owner. 11.1.3 The insurance required by Subparagraph 11.1.1 shall include contractual liability insurance applicable to the Contractor's F obligations under Paragraph 4.18. - 42 -H 11.1.4 - Certificates of Insurance in a company of acceptable rating to the ' - Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be charged, reduced, terminated or expired without prior written notice by registered mail to the Owner as required by the specific types'Of insurance in Article ll. _11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided herein the Contractor shall purchase and maintain, in a company or companies acceptable to the Owner, property insurance upon the entire Work at the site to the full insurable value and on materials, supplies or other work components in overland transit or located temporarily anywhere within the continental USA to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. It shall be "all risk insurance and shall insure against all risks of physical loss or damage to the work including perils of fire and extended coverage as well as physical loss or damage occasioned by or resulting From theft, vandalism, malicious mischief, collapse, flood, earthquake including volcanic eruption, faulty workmanship, construction or design and mechanical breakdown. This insurance shall include within its definition of property to be covered the building under construction, temporary structures, scaffolding, shoring, falseworks, excavations, underground piping, paving, landscaping, bulkheads, and all materials to be incorporated into the project or incidental to the construction of the project. Coverage under this policy shall continue in force without interruption until the Owner has accepted the project far beneficial use and until such time as the Owner gives written notice that completed project property insurance has been placed by the Owner. 11.3.1.1 The form of policy coverage shall be "complete value" in an amount equal to 100% of the Contract Sum (less cost of clearing, preparing and excavation of the site). 11.3.1.2 Deductibles may be utilized by any insuring company providing such deductibles shall not exceed the following amounts: Earthquake - 2% of the insurable project value at the time of loss. All other perils - $2,500.00. 11.3.1.3 The Contractor, Subcontractors, and Sub-subcontractors - shall bear the entire burden of any deductible expense in the proportion that the amount each beneficiary receives as reimbursement for loss bears to the total amount of insurance proceeds from each loss. 11.3.1.4 Prior to the commencement of any work the Contractor shall -file with the Owner acceptable certificates or binders of insurance evidencing the existence of "all risk" insurance - 43 - essentially complying with these requirements and as soon as practicable thereafter furnish to the Owner copies of the policy or policies in certified duplicate original form. Any such policy shall contain a provision that there will occur no reduction, expiration, termination or cancellation of such insurance until the expiration or 90 days from the date of receipt by the owner f not c e by registered mail by the insurance company of expiration, termination, or cancellation. 11,3,q The Contractor shall file one certified copy of each policy with the Owner before exposure theSfailure hof the Contractor by Contractor to maintain equired by if the Owner. is damaged by such insurance and to so notify the Owner, then the Contractor shall bear all reasonable costs properly attributable thereto. 11.3.6 The Owner and Contractor waive all rights against (1) each other and the Subcontractors, Sub--subcontractors, agents and employees each of to the other, and (2) ' the Architect and his consultants and separate contractors, if any, and any of their subcontractors, sub--subcontractors, agents and employees, for damages caused by fire he extent covered by insurance obtained pursuant or other perils to t to this Paragraph 11.3 or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance- held by the Owner as trustee. The foregoing waiver afforded the Architect, his agents and employees shall not extend to the liability imposed by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall require of the Architects, separate contractors, Subcontractorate rs and Sub-subcontractors rva ldity, similar agreements, written where legallyrequiredthis waivers each in favoraries enumeraed in . Theo policies otherf all hallpbet enfo enforced to tinclude such Subparagraph 11.3 waivers of subrogation. 11.3.9 If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which hnthe insurhave ance company or by companies providing the property endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy or use. Consent of the Contractor and of the insurance company or companies to such occupanc or use shall not be unreasonably withheld. 11.3.10 Contractor and all Subcontractors shallot s aa�d onon-expendablesile for any yiloss or damage to their machinery and app of their equipment. to 44 4" ro-Ir E ARTICLE 12 CHANGES IN THE WORK 12,1 CHANGE ORDERS 12.1.1 -A Change order is a written order to the Contractor signed by the owner and the Architect, issued after execution of the Contract, change in the Work or an adjustment in the Contract Sum authorizing a c Sum or the Contract Time. The Contract and the Contract Time maythe changed only by Change Order, A Change Order signed g the Contractor indicates his agreement therewith, including adjustment in the Contract;Sum or the Contract Time, 12.1.2 The owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change order, and shall be performed s of the Contract Documents, and the under the applicable condition City of Tigard Purchasing ordinance and Rules, The Contractor shall respond to a request for Change Order proposal within twenty (20) days after the date of the request. Y 12.1.3 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: 1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; ,2 by unit prices stated in the Contract Documents or subsequently agreed upon; ,3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 by the method provided in Subparagraph 12.1.4. 12.1.4 If none of the methods set forth in Clauses 12 he 12.1. v2 oa 12,1,3,3 is agreed upon, the Contractor, p recewith the written order signed by the owner, shall promptly proceed Work involved. The cost of such Work shall then be determined by the Architect on the basis of the reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase or decrease in the Contract Sum an allowance for overhead and profit in accordance with the schedule set forth in Subparagraph 12.1.6below. In such case, and also under resents 12.1.3.3 and 12.1.3.A above, the Contractor shall keep and p in such form as the Architect may prescribe, and itemized accounting together with appropriate supporting data for inclusion in a Change ided in the Contract Documents, cost Order. Unless otherwise prov shall be limited to the following: cost of materials, including sales ` tax, and cost of delivery; cast of labor, including social — 45 — t security, old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; bond premiums; rental value of equipment and machinery; and the additional costs of supervision and field office personnel directly attributable to the change. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate for Paymenti. The amount of credit to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in the Contract Sum will be the amount of the actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. Contractor, and subcontractors through the Contractor, shall set forth documentation covering disruptions or delays, if any, to be caused in the Work due to change orders, in the Owner's request for a change order. 12.1.5 If unit prices are stated in the Contract Documents or subsequently agreedupon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities`of Work proposed will cause substantial inequity to the Owner or the Contractor, the applicable' unit prices shall be equitably adjusted. E 12.1.6 In Subparagraphs 12.1.3 and 12.1.4 the allowance for overhead and profit combined, includedin the total cost or credit to the Owner, shall be based on the following schedule: .1 For the Contractor, for any Work performed by the Contractor's own forces, 10% of the cost. .2 For the Contractor, for Work performed by his Subcontractor, 10% of the amount due the Subcontractor. .3 For each Subcontractor or Sub-subcontractor involved, for any Work performed by that Subcontractor's own forces, 107E of the cost. .4 For each Subcontractor, for Work performed by his Sub—subcontractors, 5% of the amount due the Sub—subcontractor. ° .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 12.1.4. .6 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in the - manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change be approved without such itemization. 46 12.2 CONCEALED_CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either party made within twenty days after the first observance of the conditions. 12.2.1.1 The provisions of 12.2. 1 shall not apply to any conditions discoverable by inspection of the soil information provided by the Owner to the Contractor. The Contractor shall review all information on the soils and make himself aware of the problems and the solutions necessary and undertakes to do the work in full knowledge of the soil conditions. 12.2.1.2 Owner does not warrant the correctness of any soil investigations or borings, or of any interpretation, deduction or conclusion given in any report relative to subsurface conditions. Contractor shall make his own deductions- and conclusions as to the nature of the materials to be excavated, the difficulties of making and maintaining the required excavation, the difficulties which may arise from subsurface conditions, and shall accept full responsibility therefor, except for those subsurface conditions which cannot be ascertained by due diligence in the Contractor's execution of the obligation described herein. 12.3 CLAIMS FOR ADDITIONAL COST 12.3.1 If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Architect written notice thereof within twenty days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.3. No such claim shall be valid unless so made. If the owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it, shall be determined by the Architect. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. . 12.3.2 - If the Contractor claims that additional cost is involved because of, but not limited to, (1) any written interpretation pursuant to Subparagraph 2.2.8, (2) any order by the Owner to stop the Work pursuant to Paragraph 3.3 where the Contractor was not at fault, (3) any written order for a minor change in the Work issued pursuant to 47 — r _ Paragraph 12.4, or (A) failure of payment by the Owner pursuant to Paragraph 9.7, the Contractor shall make such claim as provided in Subparagraph 12.3.1. Contractor, and subcontractors through the _ Contractor, shall set forth documentation covering disruptions or delays, if any, to be caused in'the Work due to change orders, in the Contractor's request for a change order. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The Architect will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order, } shall be in accord with City of Tigard Purchasing Rules, and shall be binding on the Owner and the Contractor. The Contractor shall carry x out such written orders promptly. 48 s 4 ARTICLE 13 t UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING OF WORK to the request - the Work should be covered contrar 13.1.1 if any portion of ifically ex pressed in the of the Architect or to requirements spec Contract Documents, it must, if required in 'writing by the Architect, f be uncovered for his observation and shall be replaced at the ; Contractor's expense. covered which he been 13,1.2 If any other portion of the W°r rior to being covered.Architect thA as .not specifically requested to observe p Architect may request to see such Work and it shall be uncovered by ork be found in acco the ' Contractor: ance with the If such W of uncovering and replacement shall. by Contract Documents, the cast appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, this theContractor Cwas shall pay such 'costs unless it e le caused by the Owner or a separate contractor as provided �a mentcof 6, in which event the Owner shall be responsible for the p y such costs. 13.2 CORRECTION OF WORK :.' 13.2.1 The Contractor shall promptly correct all Work rejected by the Architect as defective or as failing to conform to the Contract Documents whether observed before or after completed.Substantial Thecompletion Contractor wheter or not fabricated, installed , including shall bear all cokes Architect,scorrecting or of rejected ork additionalservicesWd made necessary compensation for thereby. the 13.2.2 If, within one year after the Date of Substantial Completion r o aft r Work or designated portion thereof or within one y n acceptance by the Owner of designated equilaw nor byor w the terms ofsuch any period of time as may be prescribed by ired by the Contract Documents, any applicable special warranty requ of the Work is found to be defective or not in accordance wltafter the Contractor Contract Documents, shall correct it promptly receipt of a written notice from the Own wri ten ato do cceptanceunless t of such has previously given the Contrathe condition. - This obligation shall survive termination discovery Contract. the Owner shall give such notice promptly of the conditions. om the 13.2.3 The Contractor shall remove non 13.2.1 the Work sita and' which hich portions have f not been which are defective or no unless corrected under Subparagraphs 4 .5.1, 13.2.1 and 13.2.2. removal is waived by the Owner. _ — 49 13.2.4 If the Contractor fails to correct defective or non—conforming Work as provided in Subparagraphs 4.5.1, 13.2.1. and 13.2.2, the Owner may correct it in accordance with Paragraph 3.4. 13.2.5 If the Contractor does not proceed with the correctionof such defective or non-conforming Work within a reasonable time fixed by written notice from the Architect, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's additional services made necessary _thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an - appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 13.2.6 The Contractor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in the Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Paragraph 4.5 hereof.' The establishment of the time period of one year after_the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Work. 13.2,0 Contractor and his Roofing and Exterior Sheet Metal Subcontractors, jointly and severally, shall warrant roofing of all types installed; exterior sheet metal work plus all other work which is a component part of or penetrating of projecting through the roofing to be watertight and weathertight against ordinary wear and usage for a period of two (2) years from and after the date of Substantial Completion. 13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 If the Owner prefers to accept defective or non-conforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the x' Contract Sum where appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. - 50 - ARTICLE 14 TERMINATION OF THE CONTRACT 14.1 TERMINATION OF CONTRACT 14.1.1 If the Contractor breaches any of the terms of the Contract or becomes insolvent, voluntarily or involuntarily petitions for bankruptcy or a receiver or trustee is appointed or makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any right or remedy and after- giving the Contractor and his surety, if any, seven days' written notice, terminate the employment of the Contractor and -take possession of the site and of 3 all materials, equipment, -tools, construction equipment and machinery i thereon owned ,by the Contractorand may finish theWorkby whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is v finished. Damages for breach shall be all those allowed by Oregon 3 Law, reasonable attorneys' fees and court costs including attorneys' fees and court costs of appeal to appellate courts. t 14.1.1.1 If the above action is taken, the Contractor or the surety shall provide the Owner with immediate and peaceful possession of all of the materials, tools and appliances located on the premises, as well as all other materials whether on the premises or not, on which the Contractor has received any progress payment, Further, the Contractor -; shall not be entitled to receive any further payment until the work is completed. On the completion of the work, determination shall be made by the Owner of the total- amount the Contractor would have been entitled to receive for the work, under the terms of the Contract, had the ff4- - Contractor completed the work. If the different between xj said total amount and the sum of all amounts previously paid to the Contractor, which difference will hereinafter 4 . be called the "unpaid balance," exceeds the expense incurred by the Owner in completing the work, including ' expense for additional managerial and administrative services, such excess will be paid to the Contractor, with the consent of the surety. If, instead, the expense incurred by the Owner exceeds the unpaid balance, the amount of the excess shall be paid to the Owner by the Contractor or the surety. ,Y� I IN 0111111 14.1.1.2 The expense incurred by the Owner shall be as ;determined and certified by the Owner. .1.1.3 In addition to and apart from the rights in 14.1.1 of the Owner to terminate the employment of the Contractor, the contract may be cancelled by the Owner for any willful failure or refusal on the part of the Contractor to perform faithfully the contract according to all of its terms and conditions however, in such event neither the Contractor nor the surety shallbe relieved from damages or losses suffered by the Owner on account of the Contractor's breach of Contract 14.1.1.4 The Owner may, at its discretion, avail itself of any or all of the above rights or remedies and invoke any .one of the above rights or remedies without prejudice or preclude the Owner from subsequently invoking any other right or remedy set forth above or elsewhere in the Contract. 14. 1.1.5 If the unpaid balance of the Contract Sum exceeds the costs of 'finishing the Work, including compensation for the Architect's additional services made "necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. 14.1.2 Owner, or Owner and Contractor, may 'agree to terminate all or some _. portion of this Contract without taupe prior to its completion as provided by ORS 279.326.- Upon such termination, Owner shall pay to Contractor in-full satisfaction and discharge of all liability and obligations owed to Contractor an amount computed according to the terms of this Contract and ORS 279.330, for all work satisfactorily performed by Contractor as of date of termination. 14.1.2.1 Owner may, by written order or upon written request from s the Contractor, terminate the Contract or a portion thereof AN if any of the following occur: RZ (i) The Contractor is prevented from completing the work for reasons beyond the control of the public agency; (ii) Completion of the project is beyond control of the Contractor; (iii) Or for any reason considered by the Owner to be in the public interest (other than a labor dispute or reason - of any third party judicial proceeding relating to the work other than a suit or action r filed in regards to a labor dispute.) These reasons may include, but are not necessarily limited to, non-availability of materials, phenomenon of nature ,{ tj of catastrophic proportions or intensity, executive ' orders of the president related to national defense, congressional or state acts related to funding. M; ! . 52 — c..y;"sn �+n �5 :*-_ 'z .. 14.1,2.2 When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual items of work completed under the Contract, or by mutual agreement, for items of work partially completed. No claim for loss of anticipated profits will be allowed.' 14.1.2.3 Termination of the Contract or a portion thereof shall not relieve the Contractor of responsibility for the work completed, nor shall it relieve the surety of its obligation for any just claims arising from the work performed. t l a `F S` tr K 53 YDS ARTICLE 15 STATUTORY PROVISIONS — TIGARD ORDINANCES AND RULES 15.1 This Contract shall be governed by the following statutory provisions and the Tigard Purchasing Rules and in case of conflict with the terms of this contact, the statutory provisions shall control and the Purchasing Rules shall control. ORS 279.318 - Provisions relating to environmental and natural resources laws and rules; change orders. ORS 279.326 - Agreement to terminate contract. ORS 279.328 — Extension and compensation when work suspended in certain cases, ORS 279.330 - Compensation when contract terminated. ORS 279.333 Application of ORS 279.324 to 279.330. ORS 279.334 - Labor employed through contractor; Maximum hours of t labor on public contracts. t ORS 279.336 — Time limitation on claim for overtime; -posting of f. circular by Contractor. l ORS 279.338 — Length of day's labor on public works. ORS 279.348 — Definitions for ORS 279.348 to 279.356. ORS 279.350 — Workmen on public works to be paid not less than prevailing rate of wage; posting of rates. ORS 279.352. — Provision in contract for minimum hourly rate of wage. ORS 279.354 — Certification of rate of wage by Contractor or subcontractor. ORS 279.355 — Inspection to determine whether prevailing rate of wage being paid, proceedings to require payment of prevailing rate or overtime. ORS 279.356 — Liability to workmen for violations. - ORS 279.357 - Exemptions. QRS 279.359 Determination of prevailing wage providing commissioner with information. ORS 279.361 - Ineligibility for public contracts for failure to pay k or post prevailing rate of wage; payroll reports to commissioner. —` 54 — ORS 279.363 Notifying commission of contact. ORS 279.365 — Civil action to enforce payment of prevailing wage. ORS 279.400 - Withholding of retainage by Contractor or subcontractor. ORS 279.575 — Partial payment on public contracts; retainage; interest;- ,exceptions; settlement of compensation disputes. ORS 701.410 Definitions -retainage 15.2 The provisions of the Tigard Municipal Code (TMC) shall apply including the Purchasing Ordinance set forth in TMC Ch2 and the Purchasing ,Rules adopted by City Council acting as the Contract Review Board. (AB:pm10710p) 55 CITY OF_TIGARD OREGON < COUNCIL AGENDA ITEM SUMMARY f_ AGENDA OF: June 10, 1985 AGENDA ITEM se o DATE SUBMITTED: May 21, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Director's Approval for SDR 5-85 (Larson & Fournier) PREPARED BY: Community Development REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is the Director's decision for SDR 5-85, which is a request by Hilda Larsen, Jan Fournier, and George Fournier to construct,a-15,000 square foot industrial building on property zoned I-P, located at 10655 SW Greenburg Rd. a ALTERNATIVES CONSIDERED 1. Receive and File. 2. Motion to remove from Consent Agenda and call up for Council review at a later meeting. SUGGESTED ACTION Receive and File. x 8. All material shown on the approved landscaping plan shall be installed prior to occupancy of the new building. 9. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: -XX The applicant to owners XX_ Owners of record within the required distance XX The affected Neighborhood Planning Organization 1C Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON May 28, 1985 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 P.M. 5-28-85 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. s �%�G•'Z:C�G William A. Monahan, Director of Planning & Development DATE APPROVED (KSL:dmje1379P) lV rX-41 .' Blv NOTICE OF DECISION SDR 5-85 PAGE' 4 = 4 uA '�'C;ry��r iF�� ��.fic.✓,.^ .^^e*^t'.'r�qy+.b=.>Lw'^t�4..+r' ,s.++a.i+*m..�ea..n.o-...�.....-, __ _ a. Street trees are required along the street frontage with spacing dependent upon the mature size of the tree. If flowering plums are used as indicated on the plan, a maximum distance of 20 feet between trees is necessary. b. Screening is also to be provided between the street and parking lot. Additional landscaping material including shrubbery will be necessary. C. Trees are required within and around the parking area at a ratio of one "tree per seven spaces. The trees within the parking area shall be located on landscaped islands that are a minimum of 3 feet in width. 3. Drainage In order to convey a portion of the storm sewer easement noted above under the agency comments, the building location may require some adjustment. C. DECISION The Planning Director approves SDR 5-85 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO . ISSUANCE OF BUILDING PERMITS. 2. All necessary permits shall be obtained from the State Highway Division. 3. Public sewer facilities shall be available to the proposed building. 4. A public storm sewer easement with a width acceptable to the City Engineer shall be provided along the northern and western property lines. (EASEMENT FORM ENCLOSED). 5. A City of Tigard approved non-remonstrance agreement for creation of a storm drainage Local Improvement District (L.I.D.) shall be recorded with Washington County. 6. A revised site plan shall be submitted for Planning Director approval which contains the following: a. Driveways 24 feet in width. b. Building location that complies with Condition 4. above. 7. A revised landscaping plan which is consistent with Chapter 18.100 of the"Community Development Code shall be submitted for Planning f"k Director`:review and 'approval. NOTICE OF.-DHCISION - SDR 5-85 = PAGE 3 b. Because of the poor drainage situation which affects this general area a 20 foot wide storm sewer easement should be provided along the drainage ditch that borders the property on the north and west. This easement shall be centered over the existing ditch and that portion of the easement that lies within the subject property should beconveyedto the City for future construction and maintenance. C. Since the drainage problems in the area may need to be dealt with in a - comprehensive manner in the future, a non-remonstrance agreement should be required. d. Connection of the new building to public sewer will be required.' The Building Inspection Office notes that the existing structure does not meet building and fire codes. Any additions to this building will require bringing the entire structure into conformance. The new building will require a fire wall if its setback is less than 20 feet. The Washington County Fire District No. 1 has no objection to the proposal.. Any future remodeling should be reviewed by the City and Fire District. Washington County Department of Land Use and Transportation has no objection to the proposal. No comment has been received from NPO # 2. B. ANALYSIS AND CONCLUSION The proposed development is consistent with City Code requirements for ' uses permitted, setback, height, landscaped area, parking, and vision clearance. The two modification to the site plan that will be required relate to access drives, landscaping, and the drainage easement. 1. Access The City standard for driveways with 900 parking in 24 feet, the site plan indicates a driveway width of 23 feet. It should be noted that 252 of the spaces may be designated for compacts with parking space dimensions of 8.5 and 15 fest. This may help in providing the additional width needed for the driveways. 2. Landscaping - The site plan indicates a landscaped area of 152, which is consistent with the requirements of the I-L zone. However, the proposed type and location of the vegetation must be modified as follows: NOTICE OF DECISION '- SDR 5-85 - PACE 2 ; CITY OF TIGARD NOTICE OF DECISION, SITE DEVELOPMENT REVIEW SDR 5-85 { (r APPLICATION: Request by Hilda Larsen, Jan Fournier, and George Fournier to, i construct a 15,000 square foot industrial building and related facilities on g property zoned I-P (Industrial park and located at 10655 SW Greenburg Road (WashingtonCounty Tax Map 1S1 35BB, Tax Lot 800). 's DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described application subject to certain z conditions. The findings and conclusions on which the Director based his decision are as noted below,' A. FINDING OF FACT 1. Background Conditional Use (CU 20-81) and Site Design Review (SDR 1-82) approvals were granted to permit the establishment of a tire warehouse and distribution center. The site plan submitted during € the review indicated that an additional area would be reserved for development at a later date. 2. Vicinity Information ` The adjacent parcels to the north and west are zoned I-L and several parcel zoned C-G (Commercial General) lie to the south. 3. Site Information and Proposal Description As mentioned above, the property is presently developed with a 22,000 square foot building along the southern property line and a parking lot in the central section of the parcel. The applicant proposes to install a 70 by 205 foot building on the northern property line, expand the existing parking lot, and add a second driveway to the north of the present entrance. A firm which performs customized van conversions will occupy the new building. A portion of the paved are will be used for the storage of vehicles. 6. Agency and NPO Comments The Engineering Division has the following comments: a. The frontage road which serves the property is under State jurisdiction and the applicant should obtain the appropriate permits from the State Highway Division. NOTICE -85 SDR 5-85 PAGE 1 - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY _• -AGENDA OF: June 10, 1985 AGENDA ITEM ,y: DATE SUBMITTED: June 4, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Notice of Decision for Lot Line_Adjustment, M 2-85 PREPARED BY: Community Development ' REQUESTED BY: DEPARTMENT HEAD OK: ✓� CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is the Director's Notice of Decision for M 2-85, a request by US National Bank and David and Shirley Osborne to adjust two parcels, ALTERNATIVES CONSIDERED 1. Receive and file. 2. Motion to remove from Co,:sent Agenda and call up for Council review at a later meeting. SUGGESTED ACTION Receive and 'file. CITY OF TIGARD NOTICE OF DECISION LOT 'LINE ADJUSTMENT M 2-85 j APPLICATION: Request b US National Bank of Oregon and David and ShirleyY Osborne to adjust two parcels of 4.01 acres and 16,287 square feet into two parcels of 4.03 acres and 15,370 square feet on property zonedR-4.5 (Residential, 4.5 units/acre) and located at 12330 SW Summercrest Drive`(WCTM- 1S1'34CB, T. L. 3100, 3800, and 3801). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background The two properties involved in this application were created as part of Summer Hills Park subdivision which was approved by Washington County in 1962. 2. Vicinity Information The parcels to the north and east are also within Summer Hills Park subdivision. Summer Lake Park lies to the west and several partially developed parcels are situated to the north and south of the subdivision. All of the surrounding area is zoned R-4.5 (Residential, 4.5 units/acre). 3. Site Information and Proposal Description The smaller parcel (Lot 29) contains a residence and the larger tract (lot 36) is undeveloped. Except the southwest corner, all of Lot 36 is within the 100 year flood plain of Summer Creek. A 25 foot wide strip was platted between the main portion of Lot 36 and Summercrest Drive. The applicants propose to widen the 25 foot strip by 5 feet and reduce the width of Lot 29 by a corresponding amount. The house - presently has a side yard setback of 15 to 20 feet along the property line which is to be moved. Although not relevant to this L application, the house appears to be located within 5 feet of the 2 boundary between Lot 29 and Lot 30 to the north. 4. Agency and NPO Comments The Engineering Division and Building Inspection Office have no objection to the request. NOTICE OF DECISION - LOT LINE ADJUSTMENT M 2-85 PAGE 1 B. ANALYSIS AND CONCLUSION The lot line adjustment is consistent with City requirements for minimum lot size (7,500 square feet), side yard setback (5 feet), and lot width (50 feet). The owner of Lot 29 should be aware that if the northern ,side yard setback is less than 5 feet, the building does not conform with ,City ° standards. This will not affect the existing situation, ; but any additions or reconstruction will be required to meet this setback standard. C. DECISION The Planning Director approves M 2-85 subject to the following conditions: 1. The revised legal descriptions for the two parcels shall be recorded with Washington County. 2. Tax Lot 3800 and 3801 as shown on Washington County Tax Map 1S1 34CB shall be combined into one tax lot. 3. This approval is valid if exercisedwithinone year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City .� Hall and mailed to: XX The applicant 6 owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON June 3, 1985 UNLESS AN APPEAL IS FILED. 3, Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after,notice is given and sent. The deadline for filing of an appeal is 5:00 P.M. June 3, 1985 NOTICE OF DECISION LOT LINE ADJUSTMENT M 2-85 - PAGE 2 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397 Tigard, Oregon 97223, 639-4171. William A. Monahan, Director of Planning & Development DATE APPROVED (KSL:bs/1391P) N i Nl M t t A . 3%j34 r /1 NOTICE OF DECISION LBT LYNE-ADJUSTF!ENT M 2-85 PAGE 3 17) MEMORANDUM CITY OF TIGARD, OREGON T0: Honorable Mayor and City Council May 24, 1985 - FROM: Bob Jean, City Administrator SUBJECT; Budget Committee Reappointment Wally Hoffman, 7/1/85- 6/30/88 Budget Committee Chairman Wally Hoffman's term expires June 30, 1985. Mayor Cook has conferred with Wally and he will accept reappointment. The Mayor conferred with the Appointments Advisory Committee, Bob Jean and Phil Edin, and they recommend the reappointment. Mayor Cook has asked that this be on the 6/10/85 Consent Agenda. Motion to reappoint Wally Hoffman to the Budget Committee for a 3-year term from 7/1/85 to 6/30/88. A resolution is attached for approval. BJ/dc/0865p ��t CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 10, 1985 AGENDA ITEM DATE SUBMITTED: June 3. 1985 PREVIOUS ACTION Phone Survey Approval ISSUE/AGENDA TITLE: Ratify OLCC By Maiority of Council Members Application Approval By Council On PREPARED BY: Lorean Wilson May 24 1985 REQUESTED 0Y: Jackpot Foodmart DEPARTMENT HEAD OK; CITY ADMINISTRATOR: -- POLICY ISSUE ,F _ INFORMATION! SUMMARY Jackpot Food Mart contacted staff on 5/24/85 and requested assistance since their OLCC license had expired for the establishment. The Police Department conducted a background check on the new owner and recommended approval of license. Mayor Cook was contacted and he requested staff conduct a phone survey of Council to receive approval on the OLCC application for Jackpot Foodmart, 15900 SW Upper 800nes Ferry Road for a Package Sales — Ownership Change request. Mayor Cook and Councilors Scott and Edin were reached and voted to approve the application. Recorder signed application on that date. ALTERNATIVES CONSIDERED _SUGGESTED ACTION Ratify Council's action of 5/24/85 and approve OLCC araplication. 12833 STATE OF OREGON Return To: APPLICATION OREGON LIQUOR CONTROL COMMISSION GENERAL INFORMATION This application form costs$5.00.A non-rotundabie processing foe is assessed when you submit this completed form to the 4:0 except for Druggist and Health Caro Facility Licences).Ths filing of this application does not commit the Commlulon to the groMn4l i` he license for Whish you are applying nor does it permit you to operate the business named below. NQ. 10600' A In"SPMM w I+=OL=OMCt3 tffiE) (Rrac aPAL"-to Fyn cart on CWH"Um %Wlication Is being made for: NOTICE 70 CITIES AND COUNTIES:Do not consider this appilow :1 DISPENSER.CLASS A ❑ Add Partner torr unlsza It has been stamped and signed at the rift byan OLCC DISPENSER.CLASS B ❑Additional Privilege reprssentativr. DISPENSER.CLASS C Cl Charge Location THE CTI COUNCIL,COUNTY MMISSION,OR COUNTY. PACKAGE STORE 5'Change Ownership + :3 RESTAURANT 13 Mange of Privilege COURTOF ,, ' :3 RETAIL MALT 4EYERAGE `'`A14ORIMMWED or as or Cow+r) SEASONAL DISFM=RQRE LL�IWr.@fM0=MM=0N RECOMMENDS THAT THIS LICENSE BE: GRANTED :3 WHOLESALE MALT LJ New Outlet BEVERAGE a WINE ❑ Other DENIED WINERY FEB 2 0 1985 DATE k ETHER tic UCENSE DIVISION SY ! �s Iaror�l tjc _ TITLE :AUlTION: If your operation of this business depends on your receiving a liquor Iiosnse.OLCC cautions you not to purchase,remodel,or. start construction until your license is granted. 't 1. Name of Corporation,Partnership,or Individual Applicants: 1j Jackpot Food hart Co. 3) 4) �. 5) We"FW%SON LWW ADM MUST FKZ AN 14 .6TORY AND A FWAANO"STATEM00) 4. Pronnt Trade Name ®^.��-�llf�3 3. NewTradeName _`��!! I Yearfiled 2 wuh Corporation CwwrAwW W. 4. Promisesaddroas 25900 S M Upper Boones Ferry Road, Bonds WashJ119100 (Humber.9"K Rural Rous) (CM (cotmvbA iasm+l li+ol. 5. Business mailing address P.O. n^x 24447 Te nal Mirex Seattle NA__ __ 98fl24' (9.O•am.Humber.Suets.Rural ROuW) (CH34 tow" 8. Was promises previously liosnssd by OLCC7 Yes_X No_.__. Year 1984 7.If yes.to whom: flannis A Leen Grohs Type of license: par r!Cfnra <<- 8. Will you have a manager: Yes_.,_._ No_ Nana '"& {.Yugo awa fill aW kv*.4 rel Hfrtor/j '. - f�4•. 9. Will anyone else not signing this application share In the ownership or recelve a percentage of profits or bonus from,ltta business? Yes„_.._. No--X- What Is the local governing body where your promises Is located? City Of Tigard c CH-0 of OMr or GoreaY) 1. OLCC representative making Investigation may contact: Wesley L. 14ga ham 120J5 N. Burgard•St., P.O. Box 03117, Portland. OR 97203 (503) 286-1611 �yy ) (TIM.No.—Mme.below,FM"V) AITTION:The Administrator of the Oregon Liquor Control Commission must be notified If you are contacted by anybody aIfad influence tits Commission on your behalf. JAeKpOT FOOD MART CO. DATE FebnRary 15. 198t; "a w Applicant(s)Signatuis i) �' (in case of corporation.dulyn1TO L. bcnwenaimAKe—y1v11Geniz1b authorized officer thereof) 4) .',. N can— Mal OL000frloa __- -- J CITY OF TIGARD, OREGOM COUNCIL AGENDA ITEM 4MP9ARY AGENDA OF: %Greg A2 AGENDA ITEM f: DATE SUBMITTED: PREVIous ACTION: '"r, ✓,� cl's-: ISSUE/AGENDA TITLE. _G�r�c �•r fG,�C fir• /c�c1�s/` dl:�.�►�i PREPARED SY• Zr' 19. REQUESTED BY: �6i t�"t�' ✓1s Frrslit' /jet DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE � ,(� • �',.- G( `'t e'! `/'� a,r'l �'� INFORMATION SUMMARY - -1 Aeedp � , r v ►�,r� �'. ��im ,�� C.� ��.� Apr,L y #0 6A 04; Coe- . AM d s �Q G �sem! Ml+Iw,sla►"r �"'i I/`i'/!� --�• t ,� /'�j/ I l � t'" S®/' ✓ ' �v��i ._.J/ �,/ ✓�iJ r'r,�/s/lf-.s cs� a Gia ALTERNATIVES CONSIDERED SUGGESTED ACTION '07 � ; CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 10 1985 AGENDA ITEM 0: DATE SUBMITTED June 3, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Approve OLCC Application - 7-11 Store (McDonald) PREPARED BY: Loreen Wilson REQUESTED BY: 7-11 Stores DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Staff has received an application for the 7.--11 Store located ,at 10650 SW McDonald Street for the addition of a new partner for their Package Sales license. The Police Department has run a check on the person and recommends approval. ALTERNATIVES CONSIDERED 1. Approve new partner addition. 2. Deny new partner addition. SUGGESTED ACTION L : Staff recommends approval of application for new partner addition and forwarding to OLCC for consideration. lw/2833A . "' CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 10, 1985 AGENDA ITEM M: DATE SUBMITTED: June 7, 1985 PREVIOUS ACTION: Prior Existing License ISSUE/AGENDA TITLE: OLCC LicenseAmendment PREPARED BY: R. B. Adams, Chief of Police REQUESTED BY: Owner 7 DEPARTMENT HEAD OK-. i s -- I ' /1r` CITU ADMINISTRATOR: k POLICY ISSUE Council review of OLCC License Applications. f INFORMATION SUMMARY Business: 7-11 Market, 10650 SW McDonald, Tigard, Oregon. (RMB Package. Store y Retail Outlet). New Owners: (1) Brownfield, James Gaylord and (2) Brownfield, Tra Thi 8645 SW Grabhorn Road, Beaverton, OR 97007 •° 1 R This business is presently licensed as indicated above, the license is to be amended as per the new owners. ALTERNATIVES CONSIDERED a , SUGGESTED ACTION Recommend approval of the, application and forwarding.to OLCC. s - CITY%TIWAR� No. 5 .x.4 12755 S.W.ASH P.Q,BOX 23397 Date TIGARD,OR 97223 chName r � b�{ SSG.J G►L Address a -M 1' ) Lat. 810ckiMapIs utxifvlsionlAddress Permit A'S Bldg., Plumb Cash Check Sewer Other Other Rec. B Acct. No. Descri tion Amount 10.432; . Building Permit Fees' 10.431.60 Plumbing Permit Fees' t1.431.601 . Mechanical Permit Fees 10 230.501 State Bldg.Tax 10 433 Plans Check Fee 10.435 Other.Licenses& Perr 30.443 Sewer Connection 30�i44 Sewer In ection 24.448 Street Syst. Dev.Charge 25449i1(t.. Parks i Syst. Dev.Charge 26.448620 Parks li Syst. Dev.Charge 31.450`.. Storm Drainage Syst. Dev.Charge x0430 Business Tax •� Alarm Permit 10.227': Bail 10455;_ :Fines-Traffic!MisdiParking 10 230 CPTH Traffic1MisdlNic.Asst. Indigent Defense 30-446-401 Sewer Service/USA 30=446 402`; Sewer Service/City 31-447 Storm Drainage Bancroft'Prin.>Pymt. 40.4711-- Bancroft Int: mt.. A . _ Other Charges for Services n���� ''�•_' ��.� ='—ems f'�X k �-s. �IG7E"Ta c r i.�^ � �� {1 + STATE OF OREGON Return To: APPLICATION OREGON LIQUOR CONTROL COMMISSION GENERAL INFORMATION This application form costs$5.00.A non-refundable processing fee is assessed when you submit this completed form to the Commission (except for Druggist and Health Care Facility Licenses).The filing of this application does not commit the Commission to the granting of the license for which you are applying nor does it permit you to operate the business named below. NO. 11593 (THIS SPACE IS FOR OLCC OFFICE.USE) (TFIIS SPACE IS FOR CITY OR COUNitl USE) �fioation is being made for. NOTICE TO CITIES AND COUNTIES:Do not consider this applica- LJ DISPENSER,CLASS A VAdd Partner tion unless it has been stamped and signed at the left by an OLCC - ❑ DISPENSER,CLASS B Addt tone rivilege representative. SER,CLASS C ❑ Change Location THE CITY COUNCIL,COUNTY COMMISSION, OR COUNTY PACKAGE ST ❑ Change Ownership RESTAURANT ❑ Change of Privilege COURT OF T l 4 ❑ RETAIL MALT BEVERAGE ❑ Greater Privilege (Naim at city or County) ❑ SEASONAL DISPENSER ❑ Lesser Privilege RECOMMENDS THAT THIS LICENSE BE: GRANTED X ❑ WHOLESALE MALT ❑4p*WO:7At i RECEIVED BEVERAGE&WINE Or(abKlttfp)01(C:Cr'.(TROL COMMISSION DENIED ❑ WINERY DATE OTHER x.0 79551'o MAY 3 0 19$5 BY (Signature) /�•� L#A0 !/ ZICENSE DIVISION TITLEl'i CAUTION: If your operation of this business depends on your receiving a liquor license,OLCC cautions you not to purchase,remodel,or start construction until your Uaxise is granted. 1. Name of Corporation,Partnership.or Individual Applicants: �_ & llrnorJ-2-.510 S) �Arssa'.S 4. �QLur.lFic=ti3 4) 5) 72.f 7 DE'orLiNf'irsd g) (EACH PERSON LISTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENT) 2. Present Trade Name 7–// a. New Trade Name p Year filed ,�Gk�t7 filth Corporation Commissioner 4. Premises address ✓o `�c� �' '"` n�wr/n S�J� 0.4S &c"Ln / V 7.7.2 s (Number,street,Rural Route) (City) (County) (state) (Zip) 5. Business mailing address (P.O.Boa.Number,Street,Rural Route) (City) (State) (Zip) g. Was premises previously licensed by OLCC? Yes -'14 No_ Year 7. If yes,to whom: SacsT �''�� `'"� Do��riO4/ Type of license:OS S.Will you have a manager: Yes— No_X_ Name (Manager mint 1111 out inoidtlusl History) C.%Vill anyone else not signing this application share in the ownership or receive a percentage of profits or bonus from the business? Yes_ No_X_ nn 10.What is the local governing body where your premises is located? LS — r 7-c4 71 Z-'`T/`g (Name of City or County) 11. OLCC representative making Investigation may contact: �a"' 's A '. (Name) .V/_4 /,.,e , Aw,! 2- 7 / ( reu) (Tel.No.— ,business,ma+p sse) tL36 a uarz ro .. ONAtltl9 7D t -7 oAUTION:The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. / DATE ��N /D. / F S Applicant(s)Signature 1) f/ (In case of corporation,duly. , authorized officer thereof) 2) 4 _� ) 5) Mpinal_ •orm 5+5+5-+80 (04M _ -. MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council June A, 1985 FROM: Bob Jean, City Administratori�.�- SUBJECT: ICMA Conference Travel Authorization Per Council policy for FY 1985-86, all training and training—related travel over $100 must be :approved by Council. While I have not yet receivedthe preliminary program for the Internationaal City Management Association Conference and cannot outline specific topics of the conference, I believe tthere inay be some cost savings to the City in advance booking of Airfare to warrant general authorization at this time. I suggest that Council authorize $298.00 for round—trip airfare to the ICMA Conference for the City Administrator. (This charge is subject to change on June 16, 1985, and may go up per travel agency.) (83:pm/0874p) / - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Jure 1O, 1985 AGENDA ITEM #: �( 1 DATE SUBMITTED: June A, 1985 PREVIOUS ACTION: Acceptance of ISSUE/AGENDA TITLE: Final Acceptance Maintenance Bond of Public Improvements constructed PREPARED BY R. L. Thompson T within "London Square II" subdivision REQUESTED BY: Engineering 6 Developer DEPARTMENT HEAD OK, L CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY London11-Square II subdivision is located east of SW 98th Avenue just north of the railroad right-oi-way. The developer has corrected all deficiencies and finished incompleted items with the public improvements during the one year maintenance period. Engineering has made a final inspection of all public improvements and has determined that they are complete and acceptable. ALTERNATIVES CONSIDERED SUGGESTED ACTION Engineering recommends that Council, pass this resolution accepting the public 7 improvements within "London Square IV subdivision and authorize release of the.Developer's maintenance bond. (RLT:pm/1453P) 1 WAY 6% r iM G(iT O p CAESTrOOO C ST. rAA[NAM SK 24 • Q�� u Y 4 4 ' CTM Tr0 f+ oOM'IM -[r LNL LIMA a[IT © OA'b � ORELRr00DLl s1• R Sw ��• LSA �r sat aarAa II aflcM• aT ' \ �\ . T.[ a �. acfT } n \ • ei +1 .. 10 L t•...[ J r. 'pl. s• u+, 1 1; 14 IIT \1 » • � �� as S.W. Sw i yMLELEiFf LTi_SL e u s OAR [T (. • G1 �� ._...__ 1Iwt��,+ M.. �•C K9rM'• L• � •LVM [NACV 6 AA'I,+r . ' - a.a. L •.... (� fT+ g R MGTN - y1L: JIT T...1�. « sr. G ■.Iu n 'r R SM ter[ 11[iT x I f ..N�. _ • ¢ ,`\\ ]✓ i ;; SJ N SEL T/ �t•��^�,S`i� •` �i C w[.[� �... ' -0 _••R CT7 3 fl tl fT. / UT • y. p1yRfI1 © + IS a ttf I f — AL .L- ff 1r Rt a .r. M ♦4 // CRRII[R frAT{Mf ' f � T► Sr. ALIMEM ST. -410, [r F000fts ST. a • _ Q SW. 34 ♦ t! 1 \�f 1J sr. �\ ' . *r � l ` �•' ar coacr000 tT FANWM[N = ;r 1 of"V1E1[ ST. [r. law CT. A JAaa a I Y cl M t o` - VI[r T AC[ . - f.r. IM[z rt CITY OF TIGARD, OREGON r COUNCIL AGENDA ITEM SUMMARY Z-Q AGENDA OF: June 10 1985" AGENDA ITEM #: DATE SUBMITTED: June 3, 1985 PREVIOUS ACTION: Acceptance of ISSUE/AGENDA TITLE: Final Acceptance Performance Bond of Public Improvements constructed PREPARED BY: R.L. ThompsonOC .� within Summerfield #E8 subdivisionREQUESTED BY: Engineering & Developer DEPARTMENT HEAD OK: l 'F,J CITY ADMINISTRATOR: INFORMATION SUMMARY Summerfield #8 Subdivision is located east of SW Alderbrook _Drive. The `developer has corrected all deficiencies that were required of him. Engineering has made a final inspection of all -Public "Improvements and has determined that they are completed and acceptable. ALTERNATIVES CONSIDERED SUGGESTED ACTION Engineering recommends that Council pass this resolution accepting the public improvements within Summerfield #8 subdivision and authorize release of the Developers bond. (RLT:cz/1445P) ALR•trA sT "- �� L w IDN r wwTJt� yA•ws RD sT. Cl 4 Q• LN. fo /y+A '•C'i� iT. 5T. oer f t sr • r P / f Y.wN a•k 7 /•` ' y� t w [D[[w000 sT. IL + . U wtiFl [Pi. •♦4 .Pji L. + I a w�� TILL r[. CT. . s _ $ a MtPO aw A E ,. R «- ;�i ♦ A a gyri Q ��... E\ll0s[ w = r{I 1 CT CT. it - a se o M w vLw r AC[ w s w IN[[ at •r MG N Z *... _ '� ICt a 1 o � K■sR00[ w r• M C-1 fi. + DL w Lw. r'1 IwONT[ f P Ts R[LjNO MR D "Ts. moosvI[w E � aj i a 1: ■ A 64h- YI qa eT {i s _ Y s. Dwcww In. - lR4slIAM {I IF. l w s0 ~si i w a 8.w C 1{ RM h i A 1j r�cs my r RoTAL �. / V E rte ♦ RR iwr R , • 1 j �•i rus t Ra K a • �{• '! all ♦4c slid Al M1 TWLA TIN j� r CITY OF TIGARD OREGON i COUNCIL AGENDA ITEM SUMMARY € 4 AGENDA OF: 3une 10 1985 AGENDA ITEM #: DATE SUBMITTED: lune 4 1985 PREVIOUS ACTION: None` ISSUE/AGENDA TITLE: Sanitary Sewer Com liance Agreement & Performance PREPARED BY: john Hagman REQUESTED BY: Community Development Bond — Meadow Creelz Commercial 4 Sanitar Sewer CITY ADMINISTRATOR: DEPARTMENT HEAD OK: -- --- POLICY ISSUE N/A INFORMATION SUMMARY 1. The Meadow Creek Commercial Sanitary Sewer is notated west of S,W. 121st Avenue and south of S.hl. Scholls Ferry Road. The sewer will provide sewerage service to the designated commercial development ;;ite west of and adjacent to the existing shopping center. 2. Public improvement construction fe plans ha have paid reviewed and are approvable. as well as all required g, The attached Agreement and Bond are acceptable to staff. ALTERNATIVES CONSIDERED None SUGGESTED ACTION Authorize the Mayor and City Recorder to execute the Meadow Creek Commercial nt on behalf of the City, and also, accept Sanitary Sewerage Compliance Agreeme the Performance (guarantee) Bond. (7H:br/1452P) SANITARY SEWER COMPLIANCE AGREEMENT 1/�^ , THIS AGREEMENT dated this � day of ��64 19 85 between the CITY OF TIGARD, a municipality of the State of Oregon, hereinafter termed the "City", and S & J Builders Ltd., a partnership, hereinafter termed "Petitioner". s W I T N E S S E T H: WHEREAS, Petitioner has applied totheCity for approval of construction of a public mainline sanitary sewer, to be known as Meadow Creek commercial Extension being within the boundaries of an area described on the attached Exhibit "A", and by reference made a part hereof; and WHEREAS, the City of Tigard requires applicants for construction of sanitary sewers, and appurtenances thereto, to submit to construction plan review, construction inspection and testing, and, further, to provide performance assurances, to grant public easements and to remit payment of relevant fees and charges; and WHEREAS, the City has approved and adopted the Standard Specifications for Public Works Construction by APWA, Oregon Chapter, and Sanitary Sewerage rules, regulations and specifications for sanitary sewers via Ordinance No. 84=58 and amendments thereto; and WHEREAS, the public sewer improvement required to be constructed by the petitioner is incomplete, but petitioner has nonetheless requested that the City permit granting of easements to the public, and the parties herein named desire toequired and he public complet d within theassure timethat will be hereinafter set forth installed ass rreq NOW, THEREFORE, in consideration of the foregoing premise and the covenants and agreements to be kept and performed by the petitioner and petitioners surety, IT IS HEREBY AGREED AS FOLLOWS: 1. Petitioner shall proceed to complete all public improvements shown on the improvement plan, approved by the City of Tigard and prepared by Westlake Consultants, Inc. (Tigard, Ore on) dated 3/8/85 ; said improvement to be completed no later than one (1) year from the date of this agreement and Petitioner hereby agrees to comply with all rules, regulations and specifications set forth by the City and, to use only such materials and to follow such designs as is required to conform thereto. Petitioner, via a registered civil engineer, shall provide certification of installation conformance, to the City prior to City inspection of petitioners improvement work for initial City acceptance. 2. To assure' compliance- with the City's requirements and the provisions thereof, Petitioner agrees to obtain, provide and tender to the City, surety bond(s) in form approved by the City, with liability in an amount equal to the contract price of $ 5,380.00 prior to City issuance -of a permit or approved construction plans for construction of said improvements; Petitioner's contractor shall be licensed, banded, and insured. ,- 3. In the event that the Petitioner shall fail, neglect or refuse toproceed with the work in an orderly and progressive manner to assure completion within the time specified, upon ten (10) days notice by the City to the Petitioner and the Petitioner's surety, and such default and failure to proceed continuing thereafter, the City may at its option proceed to have the workcompleted and charge the costs thereof against the Petitioner and the Petitioner's surety and in the event the same be not paid, bring an actiononsaid bond to 'recover the amount thereof. In the event that such action be brought, the Petitioner and the Petitioner's surety shall be required to promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and cost incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may at its option bring proceedings to enforce against the Petitioner and/or Petitioner's surety, specific performance of the contract and compliance with the standards adopted by the City of Tigard, and in any event, in a like manner, the City shall be entitled to recover such sums as the court may adjudge reasonable for the City attorney's fees and cost, both in the Trial Court and and Appellate Court, if any. 4. Petitioner, concurrent with the execution hereof, agrees to pay the following fees and charges: a. A plan check and inspection fee to cover the cost of City review of public mainline construction plans and, in the City's interest, periodic - inspection of mainline construction (except building connections) in the amount of $ 215.20 b. A connection permit fee to cover the cost of processing building connection permit applications and performing inspection of building connection(s). Said fee to be determined, levied, and paid prior to connection of building sewers, to (this) public mainline sewer. C. A surcharge to connect ddueatt}xxsr indirectly %x1j=:pv el,eXb1R e wbvd�x to an existing public mainline sanitary sewer which was installed without cost to the Petitioner. Said surcharge to be determined, levied, and paid (by the Petitioner) in accord with terms of agreement between the City and Wedgewood-American Guaranty and. al-go, Leron Heights interceptor, Inc. d. A monthly sewer service charge for use of the public sanitary sewer system. 5. While the City agrees to make periodic inspections as, in the City's judgment, is necessary to assure compliance, the Petitioner agrees to provide certification that the improvement has been installed in accord with City standards and the approved improvement plan; said certification to be signed by a registered civil engineer. 5. The Petitioner agrees to provide the City with 48 hour advance notice of commencement of construction and, also, 12 hour advance notice of requested field inspections. 7. The Petitioner agrees to insure that Petitioner's engineer obtains accurate as (field) construction records of said sewer installation and, also, agrees to insure that the City is furnished with one accurate as-built mylar thereof and, further, with accurate legal descriptions of all necessary easements. 2 - w -1 - 9. At such time as all public improvements have been completed in accordance with the- City`s requirements, Petitioner shall submit the aforesaid " City certificate of installation conformance"aacceptance inspection inspection t notifythe City o and, then,e upon of ` readiness for conditional p notification by the City that all requirements have been met, the submit to the,City a good and sufficient maintenance bonds Petitioner will roved' b the City, in a sum equal to twenty percent (20X) in-form app y the contract price or to assure correctw �hinfoneany yeardefective conditional maintenance becoming apparent or arising acceptance of the public improvements by the City- the ces 10. Upon receipt of certification frooet anda� oneeyeargMaintenancetBond,,ithe that all requirements have been ' public improvements subject to of City Council agrees to accept the of deficiencies. and maintenance, for a period of Petitioner's correction one year. lI. That Petitioner, in consideration of City approval of the application to ndaries of construct a public sanitary mainline sewer w do sn herebyb coven covenant and easement4s held by or to be held by the City, agree to save, held harmless and indemnify the City, its officers, agents and employees, for and from all claims, demands, damages: and each anOf d every other obligation that ca 8 °� tractorscould isandfremployees, orccfrom Petitioner, his officers, agents, on outside of the easement area, including mdefendi g trespass capon property necessarily incurred by the City in defending fees and costs, if any, shall be against such claims, with the intent and purposbe that City ypay or be made whole with respect to any amounts it may privileges held liable for in connection c nstructionxercise of 1 or assumed purposes afforded Petitioner for ith e sewer the parties have executed this agreement pursuant to IN WITNESS WHEREOF, authority vested in each of them. x , CITY OF TIGARD: PETITIONER: S & J BUILDERS LTi�_�_ (a rtnership) v..mayor City Recorder v (Attach Notary Acknowledgement hereto) (JH:dmj/0214S) 3 PARTNER (S) ACKNOWLEDGMENT STATE OF OREGON ) SS. COUNTY OF Washington ) On this 9th day of - Anril 19 85 before me personally came Robert G. Johnson _ - .--- to me knox�n, and stated that he is a partner in the firm of S & J BUILDERS, LTD. a partnership, and acknowledged that he executed he foregoing instrument as the free act and `deed of said firm. IN '1'ES'IImOR'Y titiHl:REOF, I HAVE hereunto sr*t my hxrsd and of fixed my official -.(,al and day and yc a r last �►1�� : c' u r i t t en. Notary Przbl is for Ore-gon .jy Commission expires 11-7-86 Meadow Creek Sanitary Sewer Easement Project Number 136-005 lurch 20, 1985 LEGAL DESCRIPTION A 15.00 foot wide strip of land+ situated in the' N.W. 1/4 Section 34, T.1S. , R.1W. , W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at the southeast corner ,f that tand rcertain trtraces Number f land conveyed to Bethany Associates, 84-42199, Washington County Deed Records; thence, South 8952127" West) along the said South line of Bethany Associates, Ltd, tract 398.41 feet to the true point of beginning; thence, South 0010148" East, 522.21 feet; thence, North 27000116" West, 33.24 feet= thence, North ,0°10'48" West, 492.56 feet to a point on the South line of said Bethany Associates, Ltd, tract; thence, North 89052127" East, along the South line of said Bethany Associates, Ltd, tract 15.00 feet to the point of beginning. , ,3E ta►R. 84-4ZI�9 It Zit ! � � � I I 1 ( � N ,a• � + INP S fl1t tggl �+., CLU•1'1 �Y• 1. f IM Ifi , I ! i 1111 � .\, \ '. ► \ - —� .m.. -s I=s O ��_ye stat - f5w,L� a � a��,�• I �..rtrcr arm Jr rr" { IEtM1a 3 IL WAD% IE La1AD\, J `\ p u (+LII. �J MN•�.1 '' k OPI r Z tiF 3'p .,� tit.f7 cS\Zlll` 1{ LI 60 21M LI'1L PW6V Ar ro e.uiuc tJ� Imo. i UNITED STATES NATIONAL BANK OF OREGON_. . International Banking Division - — P.O. Box_4412, Portland,Oregon 97208 .. IRREVOCABLE STANDBY Telex No:: 360540" USNB'INTt.PTL LETTER OF CREDIT Cable Address: UNITBANK City of Tigard DATE May 31, 1985 ' Z-'!t, 12755 S.W. Ash Tigard,` Oregon 97223 NUMBER S- 07348 nMovNT USD5,380.00**US Dollars 1+ GENTLEMEN: We hereby guthodu you•to,draw �*VUNIf8I7 TES TT 41t'9AtALBANK'OF�liEGON;PORTL>KNI);�REGON - - foraccount of. S & J' uilders Ltd: 5355 S.W. Murray Blvd. a Beaverton, Oregon 97005 t up to an aggregate amount or Five-Thousand Three hundred Eighty US Dollars . aviliatrle tyyour draft'at SIGHT:' # � a�rapattlad by the following doatmoais. 1 } t t i f, '.i ,��'.r_ : t t" �n + jai; n �rs� % %h npffcia y.7stating the' fob'# rrfing.. -T " i certifyhat~`,the``funds drawn are required relating' to the' Sewer:Dedication rllpllance"Agreelherd dated*March 8`, 1985." . SPECIAL CONDITION,: 7the event t at S g .J--Biuilders Ltd. (the Petitioner) shall fail, neglect or refuse to-proceed with the work in an orderlyand progressive manner to assure completion : within the time limited, upon ten (10 - days' notice by the City to the Petitioner and such default and failure to proceed continuing thereafter, the- City may at its option -proceed to have -the work completed and charge the costs thereof against the Petitioner and draw on the said'Letter of Credit Number S-07348 to cover the.amount thereof. b Drafts must be drawn,negotiated and presented at this office on or before March 5. 1986. iJ Each draft must state that it is"Drawn under United States National Bank of Oregon,Portland,Oregon Irrevocable Standby Letter of Credit No.S• 0 7 3 491 We thereby engage with you that drafts drawn and/or documents presented under and in compliance with-the terms of this Irrevocable Standby Latter g of Credit will be duly honored upon presentation to us. StibiecttOUnifa)tmCustoms. i 'Xft } '.-'+;and Practice for 0oclimentarY I a%ttT s sc Ne3nloi��L 13�►Iji -bV orMGoN Caft.(1983 Revistmlj. kt1 ins d$3— hip l;i ij ,:i_. lldetnationalChamberof, t. t.. 0mmerce.Publication No.400. AythIOM*e&I.natum -2G-395&;3/51--.,, . r . 1 CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM # AGENDA OF: OATS SUBMITTEDTune'4 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Sng priwood Cul— de—Sac Compliance Agreement and PREPARED, BY: �o�gman Peformance Band — Authorization to REQUESTED BY: Devela ment Services execute and acce t. DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY st 1. The prodect is located at the terminus aofc SM.e$sacn"bulb"wood Datvthe andoofsa 121st Avenue. It consists of constructing :.dead-end .road. than our standard but, 2. The cul--rhe—sac will be of a radius Awhich s was sapproved thereinrega'd. will be adequate to serve its PWPOse. 3. Public improvement plans have been reviewed and are approvable. All required fees have been paid. 4. The attached Agreement and Bond are acceptable to staff. ALTERNATIVES CONSIDERED SUGGESTED ACTION execute the Springwood Drive Authorize the Mayor and City Recorder to Cul-de-Sac Street Dedication Compliance Agreement in behalf of the City: and also, accept the Performance Bond. 1449P dmi .5. Y STREET DEDICATION COMPLIANCE AGREEMENT �--r f THIS AGREEMENT dated this 3� day o ��N�� , 198j between the CITY OF'TIGARD, a municipality of the State of Oregldd, hereinafter termed the "City", S b i Builders, Ltd.; a partnership, and hereinafter termed "Petitioner", W I T N E S S E T H: WHEREAS, Petitioner has applied to the City for approval for dedication of a street to be known as Springwood Drivg Cu -dg-sac as described on the attached Exhibit "A" , and by reference made a part hereof; and WHEREAS, the City of Tigard requires Petitioners for street dedications to install streets, sidewalks, street lighting, storm sewers,- sanitary sewers, underground utilities and other public facilities for the development of the street and requires the payment of fees; and WHEREAS, the City has approved and adopted the standard specifications for Public Works construction by APWA, Oregon Chapter, and the Unified Sewerage specifications for sanitary sewers prepared by professional engineers for Public Works construction; and WHEREAS, the public improvements required to be constructed or placed in the said street area are incomplete, but Petitioner has nonetheless requested the City to permit dedications of the property to the public and the parties herein named desire to protect the public ,interest generally by legally enforceable assurance that the public improvements will be installed as required and completed within the time hereinafter set forth, NOW, THEREFORE, in consideration of the foregoing premise and the covenants and agreements to be kept and performed by the Petitioner and its surety, IT IS HEREBY AGREED AS FOLLOWS: 1. Petitioner shall proceed with the intent and purpose to complete all public improvements as shown on the improvement plan, as approved by the City of Tigard, prepared by ' liegrl RkP nnnce,ltant . Trr (Tigard. OR) Said improvements to be completed no later than one (1) year from the date of this agreement, and Petitioner hereby agrees to comply with standard specifications as adopted by the City, or as otherwise be or have been approved by the Department of Public Works, to comply with all terms and provisions specified hereinregard this improvement by the Council and Planning Commission of the City of Tigard, Oregon, and to use only such material and to follow such designs as may be required to conform thereto. Petitioner shall provide certification of installation conformance, via a registered civil engineer, to the City prior to City inspection of petitioners improvement work for City tentative and final acceptance consideration. "y 2. To assure compliance with the City's requirements and the provisions dank hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $ 5, 100.00 a Copy whereof is hereto attached and by this reference made a part hereof- 3. In the event that the Petitioner shall fail, neglect or refuse to proceed with the workin an orderly and progressive manner to assure completion within the time limited, upon ten (10) days' notice by the City to the Petitioner and the Petitioner's surety, and such default and failure to proceed continuing thereafter, the City may at its option proceed to have the work completed and charge the costs thereof against the Petitioner and the _Petitioner's surety and in the event the same be not paid, to bring an action on the said bond to recover the amount thereof. In the event, that such action be brought, the Petitioner and the Petitioner's surety shall be required to promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City, both in the Trial Court and Appellate Court, if any, or theCitymay at its option bring proceedings to enforce against the Petitioner and/or Petitioner's surety specific performance of the contract and compliance with the standards adopted by the City of tigard, and in any event, in alike manner, the City shall be entitled to recover such sums as the court may adjudge reasonable for the City's attorney's fees and costs, both in the Trial Court and Appellate 'Court, if any. k. Petitioner, concurrent with the execution hereof, has deposited with, the City an amount estimated to equal rentalandmaintenance fees with respect to the street lighting facilities according to Portland General Electric Schedule f91, Option B together with a`further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights, in the sum of $ 100,.00 5. The City agrees to make and provide periodic and final inspections which in the City's interest are desirable to assure compliance herewith, in consideration whereof the Petitioner has paid prescribed inspection fee of 4% of the total estimated cost of the construction; said fee being $20f, r, 6. The City agrees to installation of certain street identification and traffic signs for said street, in consideration of payment in the amount of $ 66.60 7. At such time as the public improvements have been completed in accordance with the City's requirements, petitioner shall submit a "certificate of installation conformance" to the City to notify the City of the readiness for acceptance consideration inspection and upon notification by the Department of Public Storks that the requirements of the City have been met, the Petitioner will submit to the City a good and sufficient maintenance bond, if not already provided with the performance bond form approved by the City, in the sum of $ 1 .020.00 to provide for correction of any defective work or maintenance becoming apparent or arising within one (1) year of tentative acceptance of the public improvements by the City. 8. Within one year of tentative acceptance of the public improvements the Petitioner_ agrees to place a one (1) inch asphaltic concrete Class "W overlay on all roads. F' 9. Petitioner agrees to provide for correction of any defective work and/or maintenance becoming apparent or arising_during. the guarantee'period as hereinabove set forth. — 2 — a 10. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall notify the `City of ` inepection and upon certification by the Department of the readiness for final Public Works that all requirements of the City have been met, , the Council agrees to accept said improvements, for operation and maintenance responsibility thereinregard, and release the Petitioner's guarantee bond. IN WITNESS WHEREOF, the parties have executed this agreement pursuant to authority in each of Chem. PETITIONER S & J Builders Ltd. BY:• CITY OF TIGARD, OREGON BY: qor BY: Recorder (00705) f _ 777 PARTNER (S) ACKNOWT.EDGMUNT STATE OF "OREGON ) COUNTY OF On this _day of Otn► 19 bcri arc rn e - --- -—' personally tome kr�av;n , and stated that the i:: v _ . � ?. a c r in the firm of a 'partnership, and acknowledged that he executed the foregoing instrument as the free act and deed of said firm. IN TESTIMONY HERFOF, I H=,X'd hereunto sot my h;iii d and af- fitied ►ny official ,.val r.nd slay sntd yi iir 1;ist Notary Public for nv,-` on My C(mun i ss ion expires E X 1-116/7T A LEGAL DESCRIPTION Meadow Creek Access Project No. 136- 005 A trach of land situated in the N.W. 1/4, Section 34, T.lS , R 1W., W.M., City of Tigard, Washington county, Oregon, being more particularly described as follows; Commencing at a point on the centerline of S.W. 122nd`Ave., said point also being the Southeast corner of that tract of land conveyed to PortJland Fixture Co., recorded in Fee No. 78-09703, Washington County deed records thence, South 0005142" East, along the said centerline of S.W. .`` 122nd Ave., 7.38 feet to the point of beginnings thence, South 89052127" West, 32.01 feet; thence, along the arc of a 25.00 radius curve to the lefts through a central angle of 220032137" (chord bears South 20023152" East, 46.90 feet) an arc length of 96.23 feet; thence, North 89052127" East, 15.74 feet to a point of the said centerline of S.W. 122nd Ave. thence,. North 0005142* West, along the said centerline of S.W. 122nd Ave., 44.00 feet to the point of beginning. y r a `•• C Q �,• j1 �' �. Nr LL bL dff—I —af%*V —Z21 W . e . J © In uj t � o0 0 � � M ,, 4% .ter. ' V V I z � t 3 rw,• ®41" e ,tUNITED STATES NATIONAL BANK OF OREGON i �lF atiternational Banking Dit+ision 7 ' iP-O.�Box 4412, Portland,Oregon 97208 EVOCABLE STANDBY. : .:. IRR 1 - _ _ •�LETTER O CREDiT � TlMtQ USNB INTL PTL - yF Cable Address: UNITBANK DATE February 1, 1985 __City of Tigard . t. 12755 S.W. Ash NUMBER S• 07 1`ty Tigard, Oregon 97223 ANI rs ourrr llS$5�100"00**tlS-Doha GEIVTl.EMEN: t�: VIp hereby autho#jyk You to draw I fgrtl7 fiB $��iiFSNN'1[U13A SAFIIC U OREC+O j6p.TLAND,•OREGON toia5eountef S & J Builders Ltd. a _ 5355 S.W. Murray Blvd. Beaverton, Oregon 97005 up to-.nagiPies• Five Thousand, One Hundred and no/100 US Dollars tx amount of , ava3labl6ibY Y draft of SIGHT tot»misi6xwt)y the follovwdoeiut=es _ t} ""fli;:.-1 ��`tl !►t;i lti ,;., 4��1.� _ ,.._ ` '1 . I���hjA'eY 1 iar`�i=sta ing� h i� ikerlii �"r. _. e=cerci°fyihat >'he funds drawn°are' required relating to4the Street'0ed_i.c tion p : Compliance Agkentent 'dated January 31 1985." SPECIAL,CONDITION: (the Petitioner) shall fail, neglect orrefuse n to event t at S & J Builders Ltd. to the Petitioner and . .to proceed-Kith the work uponinntorderlyen (10) anddayprnoticeiby theve nCiter yo assure completion within the time limitsroceed continuing thereafter, the City may at its option w = such -default and failure to prie the proceed to have the work completed dnumbereS07145sto recover theiamountet ereof.ner and draw on the said letter of credit ed and presented at this offiice on or before February 1, 1985. Drafts must be drawn.ncsotiat . Each draft must state that it is"Drawn under United States National Bank of Oregon.Portland,Orcson irrevocable Staadby Letter of Credit No.a?' 0 7 1 4 )Ve.'hereby eagaae with YYouthat drafts'drawn and/or documents presented under and in cotnpumos with the terms of this Irrevocable Standby Latter 3 of c'"'f wa be duly ban. Won Pmsentrtian to us 'i q::. Yy�,•f f trs ! �' _ - " U 6:c.t, • : Iii.- to Utlfonrl Customs UNiTL'DSTA:V •pijt'iIONAL'BANRDFOREt'AN and 10*66 for Docum iltltrr _ Credits l,ej198t3 Rerrisiorl), � � z Si...,ir+* }..i is �,R.til t�} Ytt'.�31� f illfetnabon�Ii<ttalmbefaf ,•t=t :� f'� `at+ i� ` �. lir .fel r� l Pubroitori No.40& t9avkt E: t}l ,t �itss�ss=m�z. t= A9t.Vjw P'e+s& , to aY_ CITY OF TIGARD, OREGON �~ COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 595" AGENDA ITEM #: DATE SUBMITTED: 5-8-85 PREVIOUS ACTION: Acceptance of Sanitary ISSUEfAGENDA TITLE Acceptance of Sewer Compliance Agreement 3 Phillips St. '& Greenway dedication PREPARED BY: Randy, Clarno MLP 6-84 REQUESTED BY: EngineeringL DEPARTMENT HEAD OK: �1��I/%� CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY. Elton and Joanne Phillips are partitioning :land west of SW 108th and just north of the Tualatin River. They were granted City approval subject to several conditions, Two of these conditions were to dedicate Greenway (land within the floodplain) and additional street right--of-way along SW 108th Avenue, Attached are these dedication documents for your review and acceptance. ALTERNATIVES CONSIDERED SUGGESTED ACTION Engineering recommends that Council accept these dedication documents. (RSC:b9/1331P) ,. _ - INDIVIDUAL-GENERAL PARTNERSHIP GREEhWAY DEDICATION KNOW ALL MEN BY THESE PRESENTS, that Elton do hereby dedicate to the Public for Greenway purposes the following described real premises in Washington County, Oregon: SEE ATTACkNFNTS To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(s) hereby covenants that they are the owner(s) in fee simple and the property,is free of all liens and encumbrances, they have good and legal right to grant the rights above-described. and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is $ on-no IN WITNESS WHEREOF, the grantor(*) has (have) hereunto set his (her) (their) hand(*) and seal(s) t s 7th day of May , 19 85 Zd � (SEAL) ` (SEAL STATE OF OREGON ) Ga. May 7 19 85 f COUNTY OF WASHINGTON) Personally appeared the above named Elton C. Phillips and S. Jeanne Phillips f v o tx#cut*4 this instrument an -oach of tem acknowledged to as that this instrument was executed voluntarily and fV4017- Wary'Public or Oregon My Commission expires July 5, 1987 ACCEPTANCE Approved sr to for' this ��day of rMix 19 • j Sys fids. Ci y Attorney - City of Tigard Approved sa to legal description this -2a day of !� _, 19 F� Sys •.ate/.f a7' �1Tc"�,�d' City =City of Tigard Accepted by the City Council this (� day of . 19 ` oNC CT-OF TIGARD, OREGON g - V ty corder - City a Tigard (170sA) (7-a6) F 1. ; 4/Z6/85 LEGAL DESCRIPTION FOR DEDICATION FLOOD PLAIN TRACT A tract of land in the northeast 1/4 of Section 15 Township 2 South, Range 1 West of theWillametteMeridian. City of Tigard, Washington County, ,Oregon, being a portion of Lot 29, Willowbrook Farm, a subdivision of record: Beginning at the southwest corner of said Lot 29; thence N-00°03'20"-W 184.50 feet along the'west line of said Lot 29; thence S-35°06'27 -E 107.18 feet; f thence S-54 14'47"-E 71.45 feet;-thence-S-83°14'37"-E 47.71 feet; thence N-77Q 10'00"-E 48,91 feet; thence S-23050'43"-E 48,79 feet; 'thence S-72°53'56"-W 54.11 feet to a.point on the south line of said Lot 29; thence N-89°56'00"-W 182.51 feet to the Point of Beginning. t` Containing 0.43 acres. REGISTERED I �RO�EsstONAL LAND SURV R ............. RRQON 4 3AV H18O1 µ;oo.fio,00-S { ss •ss N jA , o� Fan JaU W cW i N WNzaD cc %n N `^iol�- c3o� 2 Y -i,..z r,�xz oZ • co ►:ir c tV y. „�cC... O n t W m w. N Ca NCc ' a®S�. fT W�C� ��W H W 0. I..OQ.W.-. O ca .J i ` O TqeUJ cc >tu„ ® Ch a N O®�-m h .ti-2ccXZ O �1 NNp M oe>Cei. = zQ oa t� U �zt-� W _ '� yt 4"tY tli W <I.- 0 � �40 Z Z CL us Z � haO >- Up .a—W to t W a 0. > Z '-e W uc O o U ►Y-4 W% W W��.i 4 F; c�..c tC �" `2 LLI X HN�o.g S." .mtrd J a 4 N W W F-Q 0 — US — a . zzNo��O x i W Z .pt'SL►M;OO,NO.00 xx4hwto � �K NOVO rr O �r O -lei •w n •^s r �, o ma ; s k�� a� •� �! n;' N a sod ! N 44 z }} �• o C'. QUO FL .Aox r.jV<S - 1 004 40 S' C3'tbOJ -1� 040 too Ch 4 4 r 0 5'6ZZ M;OZ,fi0,00-N - " ee s INDIVIDUAL-CENERAL PARTNERSHIP STREET DEDICATION s . KNOW ALL MEN BY THESE PRESENTS. that F1ton C, phiili., $ $. Jeanne Philli s do hereby dedicate to the Public a Perpetual sight-of-way for street, road and utility purposes on* over, across, under, along and within the`following described real to Washington County. Oregon: property SF.F. ATfA(31 TWT To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes have inaboys stated. The grantor(s) hereby covenants that they are the owner(s) in fee Simple and the Property is free of all liens and encumbrance•. they have good and legal sight co trent the properghts above-da•eribad, and they will pay 411 taxes and •sse•sesnts due and owing on the property. The asount paad for this dedication is 3 MOO 1N WITNESS WHEREOF, the hand(s) and •ea1(e) grantors) has (have) hereunto get his �sbis �h day of Haw (her) (their) P' ......� (SEAL) r t"Y`iitt�-�74��� �L`�•� (SLAC) (SEAL) - (SEAL) STATE Or OREGON ) COUNTY OF WASHINGTON) as. May 7 . 19 $5 Psrsenally appeared the above naasa _?Iran G Phf+ - lie� and S te•nn Fhilli es uha .exsepte the instrument and eaeh of acknowledged to as th was ea•tuted voluntarily and freely. at th • n•trusent tory Aa4A- My r Oregon Cau;•cion sxpire81 July 5. 1987 ACCEPTANCE Approved •e to tors this _!� day oy gyl Attorney - ty o S gas Approved aa;to legal description this - day of • 19A5—. C t .11' iY o Turd Accepted by the City Council this /DP_ day of -T, V- py CITY • 19 O� 0 CITYAr ICOREGON � s (1704A) tY corer - ty o Ttgasd t7-84) { 5/8/85 LEGAL DESCRIPTION FOR DEDICATION ' s. W. 108th Avenue A strip ofland; in northeast 1/4 of Section 15, Township 2 South, Range l West of the willamette,Meridian, City of Tigard, Washington County, Oregon, being a portion of Lot 29, Willowbrook Farm, a subdivision of record. Beginning at a point on the north line of that tract described in Deed Book 877 Page 75 W-89956100"-W 20-00 feet from the northeast corner thereof and the centerline of S. W. 108th Avenue ( C.R. 1366); thence S-Ou°O4'00"-W 50.00 feet parallel with said centerline; thence N-89@56'00"-W 5.00 feet; thence N-00004' COO"-E 50.00 feet to a point on the north line of said Deed; thence S-89`56' 00"-E 5.00 feet to the Point of Beginning. REGISTERED - PROFESSIONAL LAND SU OR OREGO W L6.IAM is Mo Lr e : : i (99SI 3Ad H1801 M;00.*0.00-S ida °' et�O of J W.~ O �" Oz<ti NI'+N�mK n a N N ,C O 'r. •1 IY. 14 z �n � <3ro1N- Z a 0 14 4n A. •O 72 J t17 �WJN�" O c tiMWui c� aWN Z� � .. O p. 4 OOyi° }- 1-•zCCx O Wf'NN� 4 i CC a x cCoa i.. 14 t9 �z�� X x tea-caw uwQE CC �oxl- 6 n.USCC A. : u � 2 tio1-�0 z�y$4'' o�"'= WI.- � F- gxowu CC sa � IL; N W W pce V .M zzF- a)-Wb 05'641 Autr 'Oy, 0,00-S r r p > R a 0 0 M N a ; k 4 4 N rr 'ht s r t; tt +�wO0,dr0130•i�l i 1� � a � . K � � Now • -1 S � , d'�' N cm •�V S' ' Q O W Z o• mnen UJ cc y 0. Q zIx cm o � � OZ, v a a P kj IJ• � Z X M = ' ' w � w e... •dfe'��t@t -J.. J t � . r Y i oe ,05'd t L M.OZ,f 0.00-N r O ®' oe CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 6-10-85 AGENDA ITEM #: 6DATE SUBMITTED: --5-85 PREVI04S ACTION: None :. ISSUE/AGENDA TITLE Acceptance of Rimkeit/Tremorine Street Dedication PREPARED BY: Randy Clarno (MLP 3-84) REQUESTED BY: Engineering DEPARTMENT HEAD OK; CITY ADMINISTRATOR: POLICY_ISSUE i INFORMATION SUMMARY The Rimkeit/Tremaine Minor Land Partition is located on the west side of SW 1213t Avenue and just south of SIS Howard Drive. A 10 foot Street Dedication of development, bringing the right-of-way width on was required as a condition the west side of Sw 121st Ave, up to standard. Attached are the necessary dedication documents for your review. - ALTERNATIVES CONSIDERED SUGGESTED ACTION Engineering recommends that Council accept this street dedication. 1455P dmj R r . INDIVIDUAL-CENERAL'PARTNERSHIP , STREET DEDICATION KNOW ALL HEN BY THESE PRESENTS, that jEOG, t.E A Zimeri i 1T. P_�MhFrT do hereby dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, arose, under, along and within the following described real property in Washington County, Oregon: SEF t-.ZXH 161,r To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(s) hereby covenants that they are the owner(*) in 'ter simple and the property is free of all liens and encumbrances, they have good and legal right to grant the rights above-described, and they will pay all taxes and assessment• due and owing on the property. The amount paid for this dedication is S IN WITNESS WHEREOF, 'the grantor(s) has (have) hereunto not hie (her) (their) hand(s) and seel(s)rthiis �i day of (SEAL) (SEAL) � .. �T CGIr C SLAL) (SEAL) ; STATE Of OREGON } se. ' COUNTY Of WASHINGTON) 4 Personally appeared the above named +- i + who executed this instrument and each of the acknowledge to me that. this instrument was.executed voluntarily and freely. .\ . Notary Pub fat Oregon \`•�•.�fir, My Co•sai•s expire=s ACCEPTANCE u Approved as to inrr this day of _fie , 19,s ;Z. ty Attorney --City at T Bard Approved as to legal description this day of , 9 aftlinesqrcity/ 6y - ,icy o Tigard Accepted by the City Goune i this SOGay of CITY MNCIL CITY OF TIGARB, OREGON _ By (1704A) "'City Recorder - City o T Bard (I-E4) t F 3 F s _ r E'x is rr A BURTON ENGINEERING & SURVEYING ` CivifEngineers _ Land Surveyors 302 Tigard Pl=a Q Hall Blvd.&Pacific Hwy. '* Tigard,Oregon 97223 + 503-639-6116 April 29, 1985 STREET DEDICATION Job No. 85-169 Commencing at the Southwest corner of Section 3, Township 2 South, Range 1' West,' Willamette Meridian, Washington County, Oregon; thence North 0'030' East along the West line of said Section 3 a distance of 1320 feet to the Southwest corner of that certain tract of land de- scribed in Book 179, page 117, deed records of Washington County; ,- thence continuing along the West section line North 0046' East 495.00 feet to the Southwest corner of "WILLAMETTE PLAT 2", a duly recorded subdivision; thence South 86055' East along the Southerly line of said Subdivision 1417.60 feet to a point in County Road No. 411 ; thence South 29026100" West along the centerline of said County Road .599.30 feet to the most Easterly Southeast corner of that certain tract of land last described in Book 283, page 505, deed records of Washington County; thence North 76042'00" West along ,the Southerly line of said last-mentioned tract 20,82 feet to a point on the existing Westerly right of way line of County Road No. 411, and the 'Point of Beginning of a 10.00 foot wide dedication strip; thence continuing along said Southerly line a distance of 10.41 feet, North 76042100" West; thence South 29026'00" West, parallel to and 10.00 feet Westerly of said West erly right of way line a distance of 353.24 feet to .a point on the South line of that certain tract of land described in deed to Robert Kennedy and Jean Kennedy, husband and wife, in Book 730, page 630, deed records of Washington County; thence South 83°00'00" East along the South line of said Kennedy tract 10.82 feet to a point on the Westerly right of way,line of said County Road No. 411 ; thence North 29°26'00" East along said Westerly right of way line 352.00 feet to the Point of Beginning. Containing 0.081 acres. 71 _ -ow { ! CKHlLStT 20. 20 Ole .228.31 /0 76.42'23 Q 8.92 z Q h p { h E1. 500P,str pc• �' h Ale 0s5 '06 _ µEP'G��S P 230.25' N t N x6°a2�g0 0&,0% z' ossaE 2 , 690 4 d y PR�p. W f�4USIle E O IAJ I� �� r89 18.55 j, p 5 q� °00100.E 199 35 i 1 t �p�F SA p z \� PPG�fl�Ss= Elk* pg �+ .'�i—•`�....ii X18.3 16 \61. °00 00 83M. -N t 1 lip. 20 20' i � N Y 4 f 1 � INDIVIDUAL-GENERAL PARTNERSHIP r STREET DEDICATION KNOW ALL MEN BY THESE PRESENTS, that do hereby dedicate to thePublica parpaival.right-of-way for street, road and utility purposes on. over. across, under, along and within the following described real property in Washington County. Oregon: W.M.• Lim SH'oerioliG:t"kr'-y"-_''C To have and to hold the above-described and A-dicated rights unto the Public forever for the uses and purposes hareinabove stated. The grantor(s) hereby covenants that they are the owner(s) in fee simple and the property is free of all liens and encumbrances. they have good and legal right to grant the rights above-described, and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is S 8 IN WITNESS WHEREOF, the grantors) has (have) hereunto set his (her) (their) hand(s) and seal(*) Chia day of ��y Q�. 14yf��. (SEAL) radedl i5. V. / - (SEAL) (SEAL) / (SEAL) STATE OF s s. COUNTY OF * AX. 19� Personally appeared the above nassd PAW V ' rLf`�'d iAl d- who executed this instrument and each of them acknowledged to me that this nstrument was executed voluntarily and freely. CsFP $ 1.HUGHWATKIHS try PublW for Oregon C.vA s�M &AAJDAOMOOLMVCosasission expires t 7-23:- 77 afp Cee■w Vk-A*ta.:pay ACCEPTANCE f-- �. Approved as to fors this �- day of �r .� 1•�_ `. 19 By: v ty Attorney - City o iigtrd Approved as to legal +:ascription this ?64-'ay of 14�� By: d9G!(�� C Sat"Ar - City of Tigard Accepted by the-City Council this L� day of L5 Ahs , 295 CITY UNC CITY OP ARD, OREGON 3 �' I } sl i YC ty Recorder(.- City of (1704A) (7-56) 1 � 11Ef�11[4s� BURTON ENGINEERING � SUR!/EYING C=ivil Engineers s Lamed Surveyors 302 Tigard Pliza • Hall Blvd.& Pacific Tigard,Hwy. . g - Y ard, Oregon 97223 • 503-639-6116 April 29, 1985 STREET DEDICATION Job No. 85-169 Commencing at the Southwest corner of Section 3, Township 2`South, Range l West, Willamette Meridian Washington, County,_ Oregon; thence } North 00301 East along-the West _line of said Section -3 a distance of 1320 feet to the Southwest corner of that certain tract of land de- scribed in Book 179, page 117, deed;records of Washington County thence continuing' along the West section line North 0046' East 495.00 feet to the Southwest corner oof�"WILLAMETTE PLAT 2 a duly recorded subdivision; thence South 86055' East"along'`the Southerly line of said Subdivision 1417.60 feet to a point in County Road No. 411 ; thence South 29026100" West along the centerline of said County Road:599.30 feet to the most Easterly Southeast corner of that certain tract of land last described in Book 283 County; thence North 76042'00" Westgalong�theeSoutherly line records of aofisaidn last-mentioned tract 20,82 feet to a Point on the existing Westerly Ln; right of way line of County Road No. 411 , and the Point of Beginning of a 10.00 foot wide dedication strip; thence Southerly line a distance of 10.41 feet, Nort continuing along said South 29026100" West, North 76°42'00" West; thence West- erly right of way line�ardistance ofa353.24 feet to10-00 feet saerointly f said P on the South line of that certain tract of land described ii deed to Robert Kennedy and Jean Kennedy, husband and wife, in Book 730 records of Washington County; thence South 83000'00" Eastpalong3t0hedSouthlne of said. Kennedy tract 10.82 feet to a point theway line of said County Road No. 411 ; thenceoNorth 29'226''00"rEaht aof l said Westerly right of way line 352.00 feet 'to the Point of Begist nning. Containing 0.081 acres. EXHIBIT A r ,1, 'L'. !?a:st'�� �.F j ..t ! _• :` � �•"a3 { +SF,.s®.+tj 'c c r' rpt Rtifi u r ji ' � �,Ui.; ^� � yi ..� a "rt y 2 �r.+♦y� a 7:'�.l "Z,L t `: 4 1 � 1 y. ✓t �L��'fL'�1.. f aiA 4."f. S f{K v �