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Correspondence A., 5 L; d/ CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Loreen Mills, Risk Management FROM: Gary Lampella, Building Official DATE: February 24, 2003 SUBJECT: Chronology of Events, Green Office Building 11560 SW 67 Avenue Building Permit # BUP2001 -00061 Site Permit #SIT2001 -00010 The following is a history of the above referenced project and the events leading to the stop work and subsequent re- review of the approved plans. 2/14/01 -- Application and plans received and permit created and routed to Bob Poskin for review. Bob faxed architect, Bayard Mentrum requesting his architectural stamp on the 3 floor drawings. 3/2/01 -- Plan review letter sent to architect requesting corrections to plans. (copy attached) 3/27/01 -- Revised plans submitted. Architectural dated 3/7/01 and civil drawings dated 3/15/01. Architectural drawings do not indicate a fire sprinkler system but the civil drawings show a vault and fire sprinkler supply line to the building. Revised plans were subsequently approved by Bob Poskin and the plans were routed to the Permit Technician Counter for post- review. 3/29/01 -- Post - review completed by Debbie Adamski and a HOLD was placed on issuance awaiting release by the City Engineering Department and deferral of TIF fees. 5/15/01 -- The HOLD was released and the plan status was changed to READY TO ISSUE. 5/25/01 -- Both the Site and Building Permit issued. 2 1 /2 mo. No activity 8/17/01 -- Footing/foundation inspection passed by Bob Poskin 8/30/01 -- Footing /foundation inspection passed by Bob Poskin 10/8/01 -- Footing drain & foundation damp proofing passed by Jason Field 10/22/01 -- Concrete slab inspection passed by Rick Bolen. 10/22/01 -- Copy of a letter sent to the Oregon State Board of Architect Examiners from the architect, Bayard Mentrum stating he was no longer acting as the architect of record for the project. Because of the size of this building it was required to be designed by an architect or engineer licensed by the State of Oregon. Mr. Mentrum also served as the architect of record. (see attached letter to Joseph Green dated October 23, 2001) 10/22/01 -- Gary Lampella talked with Bayard Mentrum via phone and confirmed the scope of the letter to the State Board of Examiners. 10/23/01 -- Letter from Gary Lampella sent to Joe Green stating that Mr. Mentrum was no longer the architect of record and the City of Tigard Building Division would perform no more inspection at the site and work was not to progress past a point which an inspection is required until such time as an architect of engineer of record is identified. (letter attached) 10/23/01 -- Gary Lampella sent an e-mail to Hap Watkins and inspection staff directing them to not perform inspections on this project without further approval from Gary Lampella or Hap Watkins. 12/11/01 -- Received a letter from Joe Green, countersign by Gary Darling of DL Engineering stating Mr. Darling will assume the role of "engineer of record." 6 Mo. No Activity 6/10/02 -- Gary Lampella received a call from Bayard Mentrum inquiring about the Green Project. He specifically asked if they had another architect or engineer of record. Informed that it was Gary Darling, Mr. Mentrum seemed surprised since he knew Mr. Darling and thought he might not know the scope of what an engineer of record was. He said he would call Mr. Darling and speak with him. Mr. Mentrum called Gary Lampella back and said he talked with Mr. Darling and Mr. Darling was not aware of the responsibility of being the engineer of record. Gary Lampella then called Mr. Darling and confirmed his conversation. Mr. Darling said he would talk with Joe Green and get back in touch with Mr. Lampella. 6/11/02 -- E -mail to Building Division staff informing them of the further discontinuation of inspections for the project. 2 mo. No Activity 8/29/02 -- Framing inspection by failed — roof nailing passed — shear wall inspection partial approval. Inspections performed by Hap Watkins. 9/9/02 -- Received engineering from Tim Covert, structural engineer at the request of Hap Watkins for shear wall details. 9/12/02 -- Gypsum wall board inspection partially approved by Rick Bolen (exterior to a height of 5 -feet) 9/18/02 -- Gypsum wall board inspection partially approved by Tom Plescher (exterior to a height of 9 -feet) 9/26/02 -- Gypsum wall board inspection partially approved by Daryl Jones (exterior to second floor, front of building) 9/26/02 -- Gary Lampella e- mailed Hap Watkins reminding him of earlier notice to staff about discontinuation of inspections at The Green Office project. 9/27/02 -- Gary Lampella instructed Hap Watkins to post a Stop Work on the project due to the uncertainty of Mr. Darling to be the engineer of record. Mr. Lampella had received no follow -up phone call from Mr. Darling and work was progressing too far without a formal acknowledgement of an architect or engineer of record. The other issue was the original plans had the professional architectural seal of Bayard Mentrum and the new architect or engineer of record would have to assume responsibility of the original design. Without a clear understanding of the engineer's and architect's law by Gary Darling, there was no one to assume this responsibility. Mr. Lampella noticed during abrief review of the building plans that there appeared to be apparent code violations regarding the stairways and exiting. Bob Poskin was contacted and would come by the first of the next week to look at the plans to see if there was any reason they were approved the way they were. Mr. Lampella informed Hap Watkins that Bob would be in the next week to look at the plans. Since Mr. Lampella would be at an out of state conference the next week, he was to make the plans available for him. After that Mr. Lampella would follow up on the issue when he returned. 9/30/02 -- Staff faxed Mark Hoyt, Joe Green's attorney, a plan review letter detailing the code deficiencies. A subsequent meeting was held at 11:00 am with Joe Green Sr. & Jr., Gary Hoyt, Hap Watkins, Daryl Jones and Albert Shields. Stop work was modified to allow installation of brick veneer on the front of the building and gypsum board on the rest of the exterior. 9/30/02 -- Mr. Lampella received a phone message in Forth Worth, TX from Hap Watkins regarding the Stop work. Returned call to Hap Watkins but was unable to connect with him. Mr. Lampella finally contacted Daryl Jones and discovered the Stop Work was posted as: "All Trades, Previously approved plans rescinded by Tigard Building Official as of 9/27/02. Submit new plans." Mr. Lampella informed Mr. Jones that his direction to staff did not include that. It was only for the absence of the architect or engineer of record. Mr. Lampella spoke with Jim Hendryx later in the day and explained to him that he did not give staff direction to stop the work in the fashion they did. Arranged to have a conference call with Hap, Daryl and Jim the next day. 10/1/02 -- Staff faxed Mark Hoyt code Sections 106.3.4.1 through 106.3.5 and 106.3.2 of the Sate of Oregon Structural specialty Code (attached) 10/2/02 -- Conference call at 3:00 pm between Gary Lampella, Hap Watkins, Jim Hendryx and Daryl Jones. Gary Lampella re- confirmed his direction to staff that the "stop work" did not include the assumed code violations. This was to be addressed after Bob Poskin reviewed the plans he approved and Mr. Lampella, returned from the conference and he made the decision on how to proceed. The "stop work" was revised per Gary Lampella to allow work on the exterior only. 10/2/02 -- Gary Lampella spoke with various building officials at the conference and the Structural Chief with the State of Oregon Building Codes Division about the legal issues surrounding a professional stamp on the plans. It was determined that a letter designating and engineer or architect, or a firm with a professional architect or engineer with a clear understanding of responsibility, would suffice as a legal document. Gary Lampella phoned Hap Watkins and informed him of this decision. 10/4/02 -- Fax received by the City at 1:00 pm designating DL Engineering as the engineering firm of record. All other work except that which affected the center stairway structures could continue.. 10/7/02 -- Gary Lampella returned to work and met with staff for an update on the project. Spoke with City Attorney, Gary Firestone via phone and explained situation to him. Gave him code reference 106.4.3 (attached). He confirmed that we had to do something to bring the building into compliance even though we approved something in error. Contacted Joe Green and seta meeting for 10/9/02 at the site. 10/8/02 -- Gary Lampella spoke with Joe Green on the phone and explained code requirements to him. Said there were some options that he could explore. 109/02 -- Gary Lampella met on -site with Joe Green and Mark Hoyt and gave them several options they could look at. One of them was utilizing Section 104.2.8 of the Oregon Structural Specialty Code which allows alternate methods of construction. They could construct some rated firewalls and sprinkler the building, and use the provisions of the International Building Code to reduce the exit separation distance. They said they would get back to the City as soon as possible. 10/11/02 -- Received a call from Joe Green setting meeting with Ankrom Moisan Architect for October 15, 2002 at their office at 10:00 am. 10/11/02 thru 10/14/02 -- Gary Lampella and Daryl Jones researched the codes and contacted other building officials in the local area to get their opinions. The ones contacted agreed that the most reasonable would be to allow an alternate. 10/15/02 -- Gary Lampella and Daryl Jones met with Joe Green, Mark Hoyt and Architect Roger Superneau at the Ankrom Moisan office. They decided the sprinkler the building and modify the exiting system by providing 1 -Hour exit enclosures and passageways and requesting and alternate method of meeting the intent of the code. We went over some details and modified their request based on the life /safety aspects and generally agreed that they could proceed with plan submittal. 10/24/02 -- Gary Lampella spoke with Architect Roger Superneau by phone about proposed plans. He said he was sending them in the next couple of days. 10/28/03 -- Gary Lampella phoned Roger Superneau to ask if he sent the plans. He said he gave them to Joe Green to submit to the City. He asked about the architect of record for the project and informed us that they were working on the project on a limited basis and were not acting as the architect of record. Gary Lampella faxed him a copy of Bayard Mentrum's letter stating he was no longer the architect of record. 11/15/02 -- Joe Green hand delivered the Ankrom Moisan plans and accompanying request for an alternate as well as a letter from Mark Hoyt (attached) 10/23/02 -- After review of the plans and several phone calls to Roger Superneau, the plans were approved with an accompanying approval letter. Gary Lampella spent approximately 25 hours reviewing the plan, researching the code and creating the alternate approval plan review letter. Gary Lampella contacted Joe Green and told him the plans were ready to pick up. He asked what the fee would be and was told there would be no charge. Typically, the City of Tigard Building Division charges a minimum of $62.50 per hour for additional plan review. Total staff time for Gary Lampella equals about $1,562.00. Since the issuance of the revised plans, the applicant and contractors have been given full approval to continue construction of the building. The Building Division has been in contact with Joe Green from time to time regarding inspections and processes. They are in the plan development stages of designing the sprinkler system and in the process of constructing the fire walls and modifications. We have performed a number of inspections on the structural portion and also some of the fire walls. Work is progressing at a slower than normal rate for a commercial building. Note: There are some lapses in construction activity noted in bold in the history section of this document. If you need further information or clarification, please let me know. c. Jim Hendryx File