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City Council Packet - 05/13/1985 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate f MAY 13, 1985, 7:00 P.M. sign-up sheet(s), If no sheet is available, i a, a TWALITY JUNIOR HIGH ask to be recognized by the Chair a# the start t s 14650 SW 97TH AVENUE of that agenda item. Visitor's agenda items H a .TIGARD. OREGON 97223 are asked to be kept to..2 minutes or less; longer matters can be set for a future Agenda by con- tacting either the Mayor or City Administrator. 7:00 1. REGULAR MEETING: 11 Call To Order and Roll Call 1.2 Pledge of Allegiance ` 1.3 Call To Staff and Council For Non--Agenda Items, 7:05 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 7:10 3. 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: 3.1 Approve Council Minutes -April 29, 1985 -3.2Approve OLCC Application For American Legion Annual Picnic Cook Park - 7/13/85 3.3 Receive and File Community Development Land Use Decisions 3.4 Appoint Phil Edin As Council Finance Audit Representative 3.5 Approve Council Policy Calendar 3.6 Approve Request for Relief Fr•um Condition of Development - Sewer Line Construction For Hampton Plaza-. SUR 3-85 7;15 4. NON-AGENDA ITEMS,. From Council and Stiff 7:20 5. MAIN STREET LAND CORP. FINAL ORDER ORDINANCE NO, 85-__ o Community`Development Director RECESS COUNCIL MEETING 1:30 6, LOCAL CONTRACT REVIEW BOARD MEETING 6,1 Call To Order 6 Roll Call 6.2 Civic Center Project - Prequalification appeal hearings There will be a denovo hearing for each appellant. Each hearing will be a full evidential hearing with appellants and respondents given an opportunity to give evidence and to cross-examine. o Public Hearing Opened o Summation by Administrative Assistant o Public Testimony: Appellants, Respondents, Cross Examination o Recommendation of Administrative Assistant o Public Hearing Closed o Board Consideration S Adoption of Final Order 6.3 Adjournment RECONVENE COUNCIL MEETING 00 7. STREET VACATION REPORT o Deputy Recorder 8;10 8. HEARINGS OFFICER EVALUATION o Community Development Director 8:20 9, PLANNING COMMISSION/NPO WORKSHOP a City Attorney (Legal Review) o Mayor (Workshop Discussion) Aft:00 10. ADJOURNMENT lw/2745R COUNCIL AGENDA MAY 13, 1995 PAGE 1 Maim T I G ARD C I T Y C 0`U N C I L p REGULAR MEETING MINUTES MAY 13, 1985 - 7:00 P.M. ` Jerry 1.` ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, City Edwards, and Ima Scott; City Staff: Bob Jean, Administrator (arriving at 8:00 P.M.); -Bill Monahan, Community Development Director; Tim Ramis, Legal Counsel; } and Loreen Wilson, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON—AGENDA ITEMS a, Mayor Cook requested discussion on newsletter verbage approval, b, Councilor Scott requested copies of all written communications that Frank Currie has had with the State regarding 99W & CanterburyLane. She also requested a report from Jerry McNurlin regarding classes for Public Works at General Motors classes. 3, CONSENT AGENDA, These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request tion for discussion and separate action. that an item be removed by mo Motion to: 3.1 Approve Council Minutes — April 29, 1985 3.2 Approve OLCC Application For American Legion Annual Picnic - Cook , Park — 7013/85 3.3 Receive and File Community Development Land Use Decisions 3,4 Appoint Phil Edin As Council Finance Audit Representative 3.5 Approve Council Policy Calendar 3.5 Approve Request for Relief From Condition of Development — Sewer Line Construction For Hampton Plaza -- SDR 3-85 a: Motion by Councilor Brian, seconded by Councilor Scott to approve all but 3.5. that Approved by riananimous abstainedteono itemncil psent.3 3 once the Kenton(Except 6t Councilor B Gayla McCrieght Final Order). 4, APPROVE COUNCIL POLICY CAS-ENDAR a, Community Development Director stated the City Administrator suggested the June 15 Executive Session be rescheduled due to two Councilors being unable to attend. After lengthy discussion, Counci.^r Brian moved to approve the Council Policy Calendar tentatively with June 15th being reset to June Hth. Staff is to x confirm with Don Scott. Motion seconded by Councilor Edwards. Approved by unanimous vote of Council present. 5. NON—AGENDA ITEMS: From Council and Staff a. NEWSLETTER APPROVAL Councilor Scott requested the second paragraph on the second page show that only those Council members present approved the annexation policy unanimously. She stated she was not present: Page 1 — COUNCIL MINUTES MAY 13, 1985 6. MAIN STREET LAND CORPORATION FINAL ORDER a. Attorney Ball -presented a letter dated 5/13/85 which proposed additional findings and conclusions. He also addressed the applicant's concern regarding the 50 foot required set back for- the large commercial building. He further requested Council consider dedication of the greenwayto exclude that parcel zoned R-12 as this would' allow greater' fle:;ibility in developing that parcel later. b, Community Development Director suggested the following additions and modifications to the final order before adoption. o Page 1 - 3rd _'Whereas' last sentence should read as follows: "This extension for the preliminary plan approval has expired: and, o Page 2 - 3rd 'Whereas' subsection 3 add new paragraph at end of subsection 3 to read as follows: "The largest building in the commercial center would consist of approximately 109,000 square "feet. If it is occupied by Costco, as proposed by the applicant, approximately 160 jobs would be created by that facility alone. The remainder of the project will create a substantial number of additional jobs in the City." o Page '4 - amend subsection 10 to read as follows: "All improvements _described in Phase I must be made in accordance with modified conceptual site plan submitted at the April 29, 1985 hearing prior to occupancy of any buildings: and," o Page 4 - Add subsection 11 to read as follows: "The applicant proposes to dedicate approximately 1.2 acres of Tax Lot 300 to the City for park purposes. The park land will be an important addition to the City's inventory of parks and open space in the "backbone of the City's open-space system" as described in Plan Policy 3.5.3." o Page 5 - After subsection 4 add the following: "The following additional findings have been made by the City Council. "5. The applicant has proposed to realign the right of way for Ash Avenue adjacent to the site in order to create some curvature of the street. The proposed curvature will be aesthetically pleasing and conducive to maintaining slow traffic speeds which will be compatible with the residential neighborhood. "6 The applicant has presented a conceptual site plan which has been modified from the conceptual- site plan approved by the Planning Commission. The, modified plan ;could eliminate the creation of a roadway through the site connecting ' Ash Avenue with Main Street and Pacific Highway. No plan policy or provision of . the Development Code requires such a roadway to go through the property. Page 2 - COUNCIL MINUTES - MAY 1.3, 1985 The modified plan submitted by the applicant is preferable to the plan approved by the Planning Commission because it (~ would help to insulatethe residential` neighborhood east and south of the property from commercial traffic from the subject property and from the central business district. Adequate alternative accesses from Ash Avenue to Pacific Highway already exist on ,Burnham, Frewing, Garrett and McDonald streets, among others. - "7. In 1982, the City reviewed and approved a site plan for the subject property, and approved a traffic analysis conducted by CH2M Hill in March 1982. The evidence indicates that the traffic volumes and traffic-related impacts of the proposed development will not be significantly different from that approved in 1982. It is estimated that, uponfullbuild-out, the development will generate approximately 11,200 one-way vehicle trip-ends on a daily basis," and 1,060 p.m. peak hour vehicle trip ends. The surrounding street system has adequate capacity for this traffic." o Page 5 - 3rd 'Whereas' 'delete the reference to tax lot 3000. The deleted material reads [and 30003 o Page 5 - Section 1, subsection 3 first sentence shall be amended by adding the underlined language as shown below: "3. Phase-I shall include the retail building, all parking lots and parking lot landscaping proposed in Phase I, all ingress and egress from the project, all improvements bordering the greenway, all bikepaths and pedestrian paths, all improvements to Ash Avenue as re-routed, and grading of land included in Phases II and III. A finalized landscape plan shall be submitted which guarantees the proper installations of the landscaping materials and the perpetual maintenance of all landscaping. Such maintenance shall include regular scheduled pruning and feeding of materials." o Page 5 Section 1, subsection 5 delete the reference to tax lot 3000. The deleted material reads [and 30003. o Page 6 - Section _1, subsection 7 shall read as follows: "There will be no public streets within the shopping center." o Page 6 - Section 1, subsection 8 shall read as follows: "No parking lot for commercial use will be constructed on tax lot 300 east of the SW Ash Avenue realignment:" o Page 6 Section 1, subsection 14, second paragraph shall read as follows: "Sensitive Lands approval will be required for all grading and improvements within the 100 year flood plain. A C Sensitive Lands approval shall be obtained prior to final approval of the Detailed Plan submitted for review." Page -3 - COUNCIL MINUTES - MAY 13, 1985 o Page 7 - Section 1, subsection 16 shall be deleted in its entirety. C. Councilor-Brian expressed concern regarding the proposed angle parking near the Main Street entrance to the site. Councilor Scott expressed the following concerns: Sidewalks should remain on the west side of Ash Avenue; No roof lines should be seen by the neighborhood to the south of the development; Park dedication isnotnecessary due to lack of City funds to maintain d. Legal Counsel stated his interpretation of the Community Development - code would allow Council to make additional requirements to the underlying zone and `require a 501 setback along the commercial building. e. Community Development Director advisedCouncil that staff will bring back a comp plan amendment to move the barrier on Ash Avenue s to allow access to the residential neighborhood by the Philadelphia Square apartments. y f. ORDINANCE NO. 85-23 A FINAL' ORDER IN THE MATTER OF THE E APPLICATION FOR A CONCEPTUAL PLAN APPROVAL AND ZONE CHANGE REQUESTED BY MAIN STREET LAND CORPORATION, PILE NO. PD 1-85 AND ZC 5-85, UPHOLDING THE PLANNING COMMISSION APPROVAL OF A CONCEPTUAL PLAN WITH MODIFICATIONS AND REVISING THE PLANNING COMMISSION { DECISION ON THE ZONE CHANGE WITH MODIFICATIONS, ENTERING FINDINGS AND CONCLUSIONS, AND DECLARING AN EMERGENCY. g, Motion by Councilor Brian, seconded by Councilor Edwards, to make the modifications and amendments as set out by the Community Development Director and adapt the amended ordinance. Approved by unanimous vote of Council present. RECESS COUNCIL MEETING: 7:53 P.M. 7. LOCAL CONTRACT REVIEW BOARD MEETING 7.1 Roll Call: Present: Board Chairman John Cook; Board Members: Tom Brian, Jerry Edwards, and Ima Scott City Staff: Bob Jean, City Administrator (arriving at B:OO P.M.); Joy Martin, Administrative Assistant; _ Bill Monahan, Community Development Director; Tim Ramis, legal Counsel; and Loreen Wilson, Deputy City Recorder, p. ` . 7.2 ' Civic Center Project Prequalification appeal hearings There will be a denovo hearing for each appellant. Each hearing will be a full evidential hearing with appellants and respondents given an opportunity to give evidence and to cross-examine, a. Public Hearing Opened- Marion Construction Company, Inc. b, Deputy Recorder reported that Marion Construction Company withdrew their appeal on May 10, 2385 due to their current workload. They did express interest in bidding again for future City jobs. Page 4 - COUNCIL MINUTES - MAY 13, 1985 -5 y C. Board Chairman Cook closed the public hearing. T d. Public Hearing Opened- McCartney—Johnson General Contractors e. Administrative Assistant submitted the record of investigation and noted items 3b and 3c from Resolution No. 85-22 are the areas where the contractor failed to comply with criteria for acceptance. f, Public Testimonyt Appellants o Mr. Walt Johnson, a partner of McCartney—Johnson General Contractors, submitted a revised supplemental prequalification application. He noted that under item 3b they had completed jabs well over $500,000 for medical/hospital projects. Item 3c compliance could be assured since the superintendent would be Ray Berg who has been with the company since 1979. He explained the g paperwork required by the Davis Bacon Act would be accomplished at � thein main office and not by the field superintendent. Public Hearing Closed f. Board discussed intent of requirement 3b. g, Motion by Board Member Edwards, seconded by Board Member Scott, to # tentatively- reverse staff's .decision and allow contractor to participate in the bid process. Approved by unanimous vote of Board present. h, Board directed staff to prepare findings for final order for adoption this evening. RECESS LOCAL. CONTRACT REVIEW BOARD MEETING: 8:13 P.M. RECONVENE COUNCIL MEETING: 8:13 P.M. 8. _ STREET VACATION REPORT a. Deputy Recorder presented current status report of pending street vacations and requested Council consider a policy to set out Council initiation requirements for vacations. b. Mrs. Geraldine Ball, questioned some of the locations of various vacation requests. C. After further Council discussion, Council directed staff to prepare a resolution adopting street vacation initiation policy as outlined in the memo received in packets. d. RESOLUTION NO. 85-29 A RESOLUTION CONCERNING VACATION OF A PORTION OF SW 70TH AVENUE AT HAMPTON STREET, A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (Schriever) e. Motion by Councilor Brian, `seconded by Councilor Scott to approve ?.a and call the public hearing for June 17, 1985. r Page :5 — COUNCIL MINUTES -- MAY 13, 1985 Approved by unanimous vote of Council present. RECESS COUNCIL MEETING 8:34 P.M. RECONVENE LOCAL CONTRACT REVIEW BOARD MEETING: 8:34 P.M. 9. MC CARTNEY-JOHNSON GENERAL CONTRACTORS FINAL ORDER a. Legal Counsel noted the following six findings to be inserted in the final order. 1. At the hearing on May 13, 1985 of the Local Contract Review Board, ad-- ditional evidence was submitted. 2. The Local Contract Review Board found the organization is able to provide the skills required under 3b of Resolution No. 85-22. 3. The contractor has completed many jobs greater than $500,000. 4. The contractor demonstrates experience in complying with state and federal regulations related to hospitals and medical centers. 5. The complexity of the regulations for medical facilitieswere found to be comparable to those required for public construction projects. 6. The superintendent to be assigned to the job has been with the firm since 1979. b. FINAL ORDER NO. 85-01 A FINAL ORDER REVERSING THE DECISION TO DISQUALIFY THE MC CARTNEY--JOHNSON GENERAL CONTRACTORS AS BIDDERS FOR THE TIGARD CIVIC CENTER PROJECT, AND DIRECTING THE PUBLIC CONTRACTING AGENCY OF THE CITY OF TIGARD TO PAY DIRECTOR'S COST. C. Motion by Board Member Brian, seconded by Board Member Edwards to approve. Approved by unanimous vote of Board present. 10. ADJOURNMENT OF LOCAL CONTRACT REVIEW BOARD: 8:36 P.M. RECONVENE COUNCIL MEETING: 8:36 P.M. 1l HEARINGS OFFICER EVALUATT.ON a. Community Development Director presented an evaluation of the Hearings Officer as requested by Councilor Scott. He noted some history of the position and recommended the Hearings Officer contractual agreement be maintained, noting the positive reports received regarding her performance b. Consensus of Council was to express appreciation for thejobwell done by the Hearings Officer and for the report. 12. PLANNING COMMISSIONONPO WORKSHOP Members 'present: Planning Commission: Bonnie Owens, Nancy Campbell, Deane Leverett, John Butler, Floyd Bergmann, _and_ Donald Moen (arriving at 9:09 P.M.); NPO 01: Carolyn Eadon, and Emmett Whitaker: NPO 03: ,Vittz' Ramsdell and Bob Bledsoe NPO #4: Geraldine Ball, and LaValle Allen; NPO X17: Richard Boberg,' and 'Joe Schweitz Page 6. - COUNCIL MINUTES - MAY 138 1985 a. Legal Counsel discussed legal issues which effect the Commission and NPOs. The following areas received ,the most discussion: notification questions; tentative findings and adoptions of final orders; voting procedures: and challenges due to conflict of interest. The following issues will be addressed inthefuture from this workshop: o Planning - Commission may request CPA to allow major Planned Developments to be approved before the Commission for site design review. o Clarification of Community Development Code: o Better define area of surrounding property owners to be notified. a Mute surrounding property which lies outside the City must also be notified.- o List of surrounding property `owners should be supplied to the NPO Chairman. o Suggestion that extra page be added in mailing to surrounding property owners including a list of all persons notified. o The need for a better sound/recording system at Planning Commission meetings. o Joint meetings with surrounding community's Planning Commissions to share information and concerns. b, Mayor Cook stated that the Mayor and 'Council President from Beaverton and Tom Brian and himself from Tigard have been meeting and addressing areas of concern. A joint Council meeting will scheduled soon. A joint Planning Commission meeting may be possible. Mayor Cook also thanked each participate for joining the Council and expressed Council's desire to hold these workshops more often in the future. C. Councilor Brian announced the Transportation Committee is holding a forum on June 6th at 7:00 P.M. at Fowler Junior High School to discuss local transportation issues. He encouraged all to attend. -13. ADJOURNMENT: 10:00 P.M. X Deputy City Recorder City of Tigard ATTEST or City of Tigard LW/2780A u Page 7 COUNCIL MINUTES — MAY 13, 1985 f� 1� cc _. TIMES PI, BUSHING COMPANY Legal p 5 6 P.O.BOX 370 PHONE(503)684-0360 BEAVERTON,OREGON 87075 Legal Notice Advertising 1.1 1,d j CITY ()F TIG • ❑ Tearsheet Notice ARD e City of Tigard s ,PO Box _23397 a ❑ Duplicate Affidavit Tigard, OR 97223 a AFFIDAVIT OF PUBLICATION STATE OF OREGON. ass COUNTY OF WASHINGTON. !,_ Jacquelyn Agee being first duly sworn. depose and say that I am the Advertising Director,or his principal clerk, of the T i R ar d i 3 me B _— I newspaper of general circulation Be defined in ORS 153.010 and 153.020; published at T i g ar d In the aforesaid county and state;that the City of �'jg3ard Rc�,�u�rar Mn�t i na a printed copy of which Is hereto annexed,was published in the entire issue of said newspaper for __.3_ successive and consecutive in the following Issues: May 9. 19x5 _ �ascr"an t fore me his M s AW N ary Public for Oregon ift Commission E=xpires: 912018 AFFIDAVIT s i S May 10, 1985 NOTICE OF SPECIAL MEETING Notice is 'hereby given that a special meeting of the Local Contract Review Board is hereby called by the Board Chairman and will be held on May 13, 1985 at 7,00 P.M. at Twality Junior Nigh School, 14650 SW 97th Avenue, Tigard. Oregon. The meeting is called for the purpose of considering Civic Center Project prequalification appeals for Marion Construction Company and McCartney--Johnson 'General Contractors. If additional information is needed, please contact the ,City Recorder at Tigard City Nall, 12755 SW Ash Avenue, Tigard, Oregon, �oardirman - Jahn E. Cook lw/2753A AGENDA ITEM # - VISITOR'S AGENDA DATE I3 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to` hear from you on other issues not on the agenda, but time may require that we schedule your items for a future agenda. Please contact the City Administrator as to agenda scheduling. Thank you. NAME, ADDRESS 15 AFFILIATION ITEM DESCRIPTION Ht r u 4 a DATE Local Contract Review Aoard I wish to testify before the on the following item: (Please print the information) �� Item Description: � r1�►,Q� • L! s. Proponent (For Issue) Opponent (Against Issue) � Name, Address and Affiliation Name, Address and Affiliation ,r ro =t n1 - _9�.�� `✓ ,�,�,� X17 . � u,c t. .. CITY OF TIGARD, OREGON COUNCIL AGENDA>ITm SUK4ARY AGENDA OF: May 13, 1985 AGENDA ITEl9 p: DATE SUBMITTED: May 2, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: - Olm kplication Approval PREPARED BY: Capt. Jennings REQUESTED BY: Applicant DEPARTMENT HEAD Off : CITY ADMINISTRATOR e• POLICY ISSUE INFORMATION SUMMARY This is the annual 'picnic of the AMERICAN LEGION, Tigard Post #158. This picnic-is held annually at Cook Park, and has not created any problem in the past with 150-200 in attendance. • - ALTERNATIVES CONSIDERED 1. Reccaeac:end OLCC approval. 2. Recxmnend Or= denial: 8lKiG£ST£D ACTION Reccmrend'City Council approval, of OLCC application. ges ally, MEMORANDUM CITY OF TIGARD OREGON TO: Chief of Police 5/1/85 FROM; Loreen Wilson, Recorder SUP,-1s17T: OLCC Application Approval Please review and prepare recommendation on the following OLCC Application for the 5/13/85 Council Meeting. This should be received by 5/8/85 at Noon. • American,.Legion Annual Picnic Cook Park 7-13--85 f rom 10 AM to 7 PM Expected Attendance 200 lw/2716A f Date Issued OREGON LIQUOR CONTROL COMMISSION SPECIAL EVENT LICENSE APPLICATION OREGON LIQUOR CONTROL COMMISSION P.O.BOX 22297, PORTLAND,OREGON 97222 Application is hereby made for: .. V SPecial Retail Beer License fn?$10.00 per day per stand No. of Stands _ No.of days. Special Retail Nine License @ $10.00 per day per stand — No.of Stands No.of days. Hours of sale are from 7:00 AM to 2:30 AM.Indicate license(s)desired by placing a check mark in the boxes) above; also indicate the number of stands and number of days you desire to operate. Enclosed is a check or 04:- as full payment.Fee will be refunded if license is denied,otherwise money order in the amount of$ it will not be refunded. 1. Applicant: / - . Telephone No. 2. Trade Name: t/ 3. Mailing Address: tN `zip) 4. Event: Type of Event: Picnic J�L- Convention Fair Civic or community enterprise Other similar special event* __ 'Specify event 6. Person(s)responsible: `�`��� 'ei'°" t kviom) (Name) Address: / _ e su"t) (Qty) , f (zip) t o celePha,+a) (NumbW i 7. Address where license will be used: e' 4Naroe) 19tx�et) ! (Zip) 3. Exact locution of event:: --- 9. Above location is: Y 'Within City limits Outside City limits(Check one) 10. Date(s)of event: V" /3 �✓,.� 11. Flours of operation: ��t� �l lExpected attendance: r� 12. Who will receive the profits from this license: 13. I/we understand that a false answer to any of the foregoing questions will subject this application to denial.Uwe certify that all information submitted is complete and correct to the mylour knowledge. , Signature. { s Signature 2 c '`• Date COMPLETED.AND ENDORSED APPLICATION MUST BE RECEIVED BY OLCC 10 DAYS PRIOR TO;DATE OF EVENT THAT APPLICATION COVERS. Form 6x5154788(HeW;480) v; f. MEMORANDUM CITY OF TIGARD, OREGON s TO: Chief of Police 5/1/85 FROM: Loreen Wilson, Recorder SUBJECT: OLCC Application Approval 5 Pleas Q'w and prepare recommendation on the following OLCC Application for =th 5/13/85' ouncil Meeting.. This should be received by 5/8/85 at Noon. • American Legion Annual Picnic Gook Park 7-13-$5 from 40 AM to 7 PM Expected Attendance 200 lw/2715A z F 3 3 ti - No. 4400 12755 S.W.ASH { P.O.SOX 23187 Date TIGARD,OR 87223 .Name >~ i� ��Address - dot, Block/Map Subdivision/Address Permit#-a Bldg., Plumb Cash Check .ice Sewer Other Other Rec. i s ! _ Acct.iJa.. : Descri tion Amount >10.432 Build Permit Fees 'AO-4314M Plumbing Permit Fees 10-431.60! Mechanical Permit Fees 10.230.501 -State 8!d .Tax ji-,l 33 Plans Check Fee _ i0-435Dther Licenses&Permits r,. t .T�rn+► CaU -30;843 Sewer Connection 31 14 Sevier Ins tion _ 24.448 Street S st.Dev.Charge :25.44"10'.t =Parks l S st Dev.Charge 250449620 "Parks ii Syst. Dev.'Charge ' 31450<,. Storm Drainage S st. Dev.Charge :Business Tax 3=434 =Alarm Permit 10.055- Fines-;Ttafiic/ktlid/Parkin =. T10.230 '' ` PTA'Tratfic/Misd/Vic:Asst _-,104W 2. y fndi ent Defense 3Sh44b�40i:`<< �xavlrer Service/USA .. -�3(3=446.402_ z S®wer Service/Cit .=Storm Drainage 40 Bancroft Bancroft Prin.' mt. '`BAncroft.int, mt.; "111=45# 'zOther Char es for Services:. sTOTAL- f z �i �< x CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY \ AGENDA OF: May 13 , 1985 AGENDA ITEM d/: , DATE SUBMITTED: May 8, 1985 PREVIOUS ACTION: None ISSUEJAGENDA TITLE: SDR .4-85, V 10-85 for Andre & Linda Nadeau, and HOP 8-85 PREPARED BY: Community Development for Michael Swanda REQUESTED BY: DEPARTMENT HEAD OK: , _._ _CITY ADMINISTRATOR: POLICY ISSUE ' INFORMATION SUMMARY f Attached are the Director's decisions for SDR 4-85, and v 10-85 for Andre and Linda Nadeau for a 1200 square foot building addition, and a new 7,200 square foot building, and variance to allow a 20 foot wide driveway. Also, HOP 8-85 requested by Michael Swanda for a computer programmer's office in his home on Village Men Drive. 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 r - ' f Has ON r x CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 4-85 VARIANCE V 10-85 APPLICATION: Request by Andre and Linda Nadeau for Site Development Review approval for a 1200 square foot building addition and new 7,200 square foot ed to allow a 20 foot wide drivewaywhere building. A Variance is also request 24 feet is required and to allow less than 15% landscaping on the property zoned I-L- (Light Industrial) and located at 15785 SW 72nd Avenue (WCTM 2S1 12DC, T.L. 400) DECISION: Notice is hereby given that the Planning Director for the City of Tigard . has APPROVED the above described applications subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 11 Background The original development of the property was approved in February, 1980. 2. Vicinity Information The surrounding properties are zoned I-L. The properties to the - south, west, and east side of 72nd Avenue are undeveloped. The street frontage has been improved through the 72nd Avenue LID except for a sidewalk. 3. Site Information and Proposal Description The property is presently developed with a 2,816 square foot building, a paved parking area in front and a gravel storage area for automobiles in the area. The existing building has 20 foot side yard setbacks to the north and south. The applicant proposes to construct a 1200 square foot addition on the northern side of the existing building. A 7,200 shop building, is proposed for the western and of the property. This structure will be built up to the property-line,on three sides. Two variances are also requested with this application. First, the City standard for two-gray driveways is 24 feet and the applicant is proposing a i 20 foot drive. Second, the ,I-P zone requires that 15% of :a project mustbe utilized for landscaping and the proposed site plan indicates landscaped area on the {� property will be reduced from 9% to 6%. t _A10TICE PAGE DECISION SDR 4-85 &V 1O-8g 1 .. ; 4. Agency and NPO Comments The Engineering Division indicates that a sidewalk should be provided along the 72nd Avenue frontage according to City requirements. The Building- Inspection office indicates that due to the size, setbacks, and occupancy of the new building, Building Code Requirements will be ratherextensive. Also, some accommodation must be made for storm water drainage from the site. Np0 #5 indicates that the landscaping variance , could set an undesirable precedent of minimal landscaping in industrial area. No objection was expressed for the remainder of the proposal ,as long as the access arrangement is acceptable to the Tualatin Rural Fire Protection District. B. ANALYSIS AND CONCLUSION The proposal is consistent with the requirements of the Community Development Code related to the intended use, building height, setbacks. . and -parking. The two major issues associated with the case are the variance requests. Section 18.134.050 of the Code contains the following criteria that must be met in order to grant a variance: 1. The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and _ standards; and to other properties in the same zoning district or vicinity; 2. There are special circumstances that *exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent that is reasonable possible, while permitting some economic use of the land: 4. - Existing physical and natural systems, such as but not limited traffic, drain►age," dramatic land forms or parks will not be adversely affected any more than would occur if the development were located as specified in the Code; and - 5. The hardship is not self-imposed and the variance;requested is the minimum variance which would alleviate the hardship. The variance request to permit a 20 foot wide, two-way driveway is consistent with the above criteria for thefollowingreasons: 1. The purpose of the minimum driveway width standard is primarily to ` provide adequate access .for; emergency_ vehicles. The fire district standards'call for• a 20_foot width. V '1045 NOTICE ,OF. DECISION— SDR;4-85' S,' '- PAGE:.2. Mn 2. The 24 foot width applies to parking areas that accommodate up to 100 vehicles. The site plan indicates that only 17 _parking spaces will be served by the 20 foot drive. Five parking spaces and a 24 foot wide drive near 72nd Avenue will accommodate most of : the customer traffic. Also, a portion of the existing building would have to be removed in order to meet the 24 foot standard. 3. The use is permitted in the zone and the request is the minimum necessary to alleviate the hardship, The variance to the landscaping requirementisa more complex issue. It is recognized that the circumstances relating to the existing building location, parking, and the long and narrow lot configuration make it difficult to provide landscaped area that will have a visual benefit. However, the applicants' proposal to reduce the existinglandscaped area to 6% of the lot size does not appear to be the minimum variance necessary to allow for, the economic development of the property. The Code requires a landscaped area of 15% for industrial developments in the I--L zone. The type of landscaping is primarily dependant upon the preference of the property owner except for the installation of street trees and trees within parking lots at a ratio of one tree per seven spaces. A site obscuring fence will be retained along the north and south property lines for security reasons. The existing building and the new structure in the rear will block any viewing of the internal section of the property. Because of the present building and _parking' location, the only feasible area } to provide additional landscaping is to the rear of the existing shop. As stated earlier, the landscaping proposed is not acceptable, however, given the following modifications, the variance would be consistent with the evaluation criteria noted above: 1. Revise the site plan so that a minimum of 10% of the lot area is landscaped. 2, provision of two street trees along 72nd Avenue. 3. Provision of three trees as required for the 22 parking spaces. s 4. Provide a minimum of 9 additional trees along the perimeter of the 4 project. The trees should be of a type that will be aesthetically beneficial to adjoining parcels as well as the subject property. The Planning staff concludes that the above changes are consistent with the ! intent of the City's landscaping requirements to provide an aesthetically pleasing' `environment. Since the proposal will be expected to meet all applicable standards for parking, access, etc., it is possible the construction-plans may need to be reduced. NOTICE OF DECISION SDR` 4-85`&'V 10-85 PAGE 3 _ C. DECISION The Planning Director approves SOR 4-85 and V 10-85 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. 2. Standard half-street improvements, in this instance being a five foot wide concrete sidewalk shall be installed adjacent to the curb along the SW 72nD Avenue frontage. Said improvements along SW 72nd Avenue shall be built to City standards and conform to the alignment of existing adjacent improvements. 3. Five (5) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, 'stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval 4. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans. The 'Section will require_ posting of aC 100% Performance Bond and payment of a_permit fee. Also, the execution of a street opening permit shall occur prior to, or concurrently with the issuance of approved public improvement plans. _SEETHE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES BONDING, _ANO AGREEMENTS. 5. Plans for proper drainage of the site shall be presented along with the building plans for approval by the Building Inspector. S. A revised site landscaping plan shall be submitted for Planning Director approval which includes the following: a. A minimum of 10% of the lot area shall be landscaped b. Two street trees on 72nd Avenue C. A minimum of 12 additional trees located primarily along the perimeter of the property. d Approval of the Tualatin Rural Fire Protection District of the revised site plan. _ 7. 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: XXXX The applicant & owners XXXX Owners of record within the required distance XXXX The affected Neighborhood PlanningOrganization � XXXX'> Affected governmentalagencies NOTICE.OF DECISION SDR 4-95.& V:,.10-85 PAGE:4 2, final`Decision: THE DECISION SHALL BE FINAL ON May 17, 1485 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 3:00 P.M. &6%) /? 146 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:bsl1326P)) Al _ NOTICE OF DECISION - SDR 4-85 `6 V 10-85 - PAGE 5 CITY OF TIGARD NOTICE OF DECISION HOME OCCUPATION HOP 8-85 APPLICATION: A request by Michael Swanda F:.)r a Home Occupation Permit for a computer programmers office in the home on property zoned R-4.5 located at: 13285 SW Village Glen Drive (Wash. Co. Tax Map 2S1 2CA, lot 419). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above 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 No previous applications have been reviewed by the Planning Department on this property. 2. Vicinity Information The surrounding property is all zoned R 4.5 (Single Family Residential). 3. Site Information and Proposal Description There is a 1,560 square foot home on the property. The applicant is proposing to use 156 square feet for the business. The applicant and his family will occupy the remainder of the home. The business use as proposed by the applicant will not occupy more than 25`G of the home. 4. Agency and NPO Comments None. B. ANALYSIS AND CONCLUSION The proposal, meets the provisions set forth in Chapter 18.142 of the Tigard Municipal Code. C. DECISION Home Occupation Permit HOP 8-85 is approved subject to the following' conditions: 1. There shall be no people working in the home in conjunction with Y. the business who are not residents of the home. NOTICE OF DECISION HOP a-85 PAGE 1 2. There shall be no signs or advertising visible from the exterior of the premises. 3. There shall be no customers or clients coming to the residence in conjunction with the business. 4. The Home Occupancy Permit shall be renewed annually. 5. A Business Tax shall be paid annually for the business. 6. This approval is valid if exercised within one year of the final decision date noted below. 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, pasted at City Hall and mailed to: XX The applicant & owners X_X___ 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 May 13 1985 UNLESS AN APPEAL IS FILED. 3. 620al: 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. May 13, 1985 . -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 William R, Monahan, Director of Planning & Development DATE APPROVED (EAN:bs/1307P) WE , NOTICE OF DECISION HOP 8-85 PAGE 2 Y — -- — SR 1 '. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY (� AGENDA OF: May 13, 1985 AGENDA ITEM N: DATE SUBMITTED: May 9, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: ZC 8-85, PD 2-85, S 4-85.-Kenton & Gayla McCrieght PREPARED BY: Community Development s Final Order by Planning Commission REQUESTED BY: Planning Commission DEPARTMENT HEAD OK: L4 CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is the Final Order by the Planning Commission for ZC 8-85, PD 2-85, S 4-85 for the applicant Blazer Homes, for a zone change from R--2 to R-2PD (Residential 2 units/acre Planned Development, a 19 lot subdivision. • 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. �R�Y CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION 1. Concerning Case Number(s): ZC 8-85, PD 2-85_ S 4-R5 2. Name of Owner: Kenton & Gay_la McCriegh 3. Name of Applicant: Blazer Homes Address 19697 River Run Drive City Lake Oste Zip 97034 4. Location of Property: Address 10 acres west of Shadow Hills Tax Hap and Lot No(s). 2S1 IOBD 900' 5. Nature of Application: - Zone change from R-2 to R-2 PD (Residential 2 units/acre Planned Development. - and preliminary plat and conceputal plan approval for a 19 lot 6. Action: Approval as requested XD{ Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant S owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies - 8. _Final Decision: THE DECISION SHALL BE FINAL ON May 20, 1985 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 12755 SW Ash, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision nay appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal ie=-5:00 PH May 20, 1985 • 10 Questions If you have any questions, please call the City of Tigard -Planning 'Department,`639-4171. (0257P) ` ■ s Tigard Planning COMM issiop • City of Tig 85-LP-PC Order No. NDIkGS AND CONCLUSIONS. S H4I 85)RppROVES AN AND PLANNED SUBDIVISION A FINAL ORDER INCLUDING G ZC 8-85). t APPLICATION FOR A ZONE CHANGE ( DEVELOPMENT (PD 2-85) REQUESTED BY KENTON AND GAYLA MCCRIEGNT. � application at a public g Tigard Planning Commission reviewed the above facts. .The g 5, The Commission . based its decision an the hearing on May 7, 198 lusion noted below: findings. and conc A. FACTS General Information (ZC 8-85), Planned 1. Subdivision (S 4-85) Change .CASE: Zone PD 2_85) � Development ( R-2 (PD) (Residential, 2 e from R-2 to Plat and For a Zone Chang nt) and preliminary REQUEST: d development) Units/acre, planned fora 19 lot subdivision. conceptual plan app Low Density Residential COMPREHENSIVEPLAN DESIGNATION' •al 2 units/acre) R-2 (Residents , ZONING DESIGNATION: OWNER Kenton & Gayla McCrieght Blazer Nom@s Rt 1 Box 9256 APPLICANT: 19697 River Run Road Beaverton, OR 97005 -' a OR 97034 Lake Oswego, the Nills and Ames Orchard subdivisions on Between Shadow 2S1 1080. TL 900)• LOCATION: � Werth side of Bull Mountain (�iCTM 2. Backer 1978. A partition on September 11, The property was annexed to the City Parcel. A zone 1980 (MLP 11-80) which resulted in the creation of a one was approved in an undeveloped 104 Ps' s received acre lot on Bull Mountainapplication (ZC 1-82 and MP 2-82) wa change- and partitian app the larger parcel but was withdrawn before final action was relating to the City- 3. by tion in size 3• Vicinit Informs dots ranging lie to the east and west. The areas Single family residential subdivisions containing undeveloped s uare feet to one acre homesites and north of from 20,000 q reels the land to the north and south consist of acreage and R-1 tion of several small a is zoned R-2 tracts. With the excep gull Mountain Road is within the City (Residential. 1 unit/acre). E85- PC ZC 8--85, S 4-85. PD 2-85 PAGE 1 FINAL ORDER NO• -�-- 4. Site Information 6 Property Description The property has 120 feet of frontage on Bull Mountain Road which is designated as a major collector and is presently under Washington County jurisdiction. only two lots (13 '6 14) are proposed to, gain direct access to Bull Mountain Road. The remaining lots will have frontage on a loop street that will connect McFarland Blvd. and .Wildwood Street which presently end at the western boundary of Shadow Hills subdivision. The lots will vary between 14,600 and 29.500 square feet. The proposed Zone Change allows for lot sizes below the ` 20,000-square foot minimum, but the overall density of the development may not exceed what would be allowed under anormal subdivision procedure. After subtracting the area committed to streets, the net acreage divided by 20,000 square feet (minimum lot size for the R-2 zone) establishes a maximum of 19 dwelling units for the property. The developer indicates that in addition to the extension of McFarland Blvd. and Wildwood Street, the utility lines in Shadow Hills subdivision will be employed to serve this development. S. Agency and NPA Comments The Engineering Division has the following comments: a. Access for Lot 13 is not identified, but it should be directed to Wildwood Street. b. The right-of-way standard for Bull Mountain Road is 35 feet from centerline. Additional right-of-way dedication along the property frontage will be required C. Due to - the location of the property and the nature of improvements that will be necessary on Bull Mountain Road, half ' street improvements are not appropriate at this time. A non-remonstrance agreement was a condition of approval for MLP 11-80. If this was not properly recorded, such an agreement should be required at this time. The Building Inspection Office has no objection but indicates that service laterals and easements for the southern lots (13 and 14) should be provided. NPO #i3 has no objection to the request. The Tualatin Rural Fire Protection District indicates that all structures must be within 500 feet of a fire hydrant and the water main sizes and locations should be verified by the Tigard Water District. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, and, 10; ,Tigard Comprehensive Plan policies 2.1.1, 6.3.3. 7.1.2, and 8.1.3; and -Chapters 18.46, 18.80, 18.160, and 16.92 of the Community Development Code. FINAL ORDER NO. 85=_Jp PC - ZC 8-85, S 4-85, .PD 2-85 - PAGE 2 The Planning Commission concludes that the proposal is consistent,with the applicable Statewide Planning Goals and Guidelines based upon the following findings: a. Goal #1 .is met because the City has adopted a Citizens Involvement program including review of all development applications by the Neighborhood Planning Organization (NPO). In ,addition, all public notice requirements were met. b. Goal #2 is met because theCityapplied all applicable Statewide Planning Goals, City Comprehensive Plan Policies and Development Code requirements to the application. C. Goal #10 is satisfied because the proposal will provide for housing as contemplated by the City Comprehensive Plan. The Planning Commission has determined that the proposal as submitted, or with minor modifications, is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal, b. Policy 6.3.3 is satisfied because the development proposed includes single family residences on large lots. This is consistent with the character of adjacent development and the {{ requirements of the R-2 zone. C. Policy 7.1.2 is met because adequate water, sewer, and storm sewer facilities are available. d. Policy 8.1.3 will be satisfied' by limiting direct access to Bull Mountain Road to one low and by the conditions of approval that will require the subdivision streets to be built to City standards. The Planning Commission has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings outlined below: a. Chapter 18.46 ad is satisfied because the resid nt al density permitted ins the 2 zone.al is ent with the uses a b. Chapters 18.80 and 18.160 are met because the preliminary plat/detailed plan is in conformance with Code requirements. C. Chapter 18.92 is satisfied because the number of lots proposed is consistent with the number allowed after the density calculations are applied. C. DECISION Based upon the findings and conclusions above, the Planning Commission approves of ZC 8-85, S 4-85, and PD 2-85 subject to the following conditions: FINAL ORDER-NO 85-�pC - ZC 8-85. S 4-95, PD 2-85 - P 3 • I. UNLESS OTHERWISENOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE FINAL PLAT. 2. Seven '(7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all 'proposed public improvements shall be submitted to the Engineering Section for approval. 3. Sanitary sewer and storm sewer plan-profile details shall be provided as part of the public improvement plans. 4 Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans The Section will require posting of a 100% Performance Bond, the payment of a permit fee and a sign installation/streetlight fee. Also, the execution of a construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES BONDING AND AGREEMENTS, 5. Additional right-of-way shall be dedicated to the public along the SW Bull Mountain frontage to increase the right-of-way to 35 feet from centerline. The description for said dedication shall be tied to the existing right-of--way centerline as established by Washington County. The dedication document shall be on City forms and approved by the Engineering Section if not accomplished on the final plat. 6. A non-remonstrance agreement on City forms shall be provided regarding future improvements on Bull Mountain Road if such an agreement was not recorded as a condition of MLP 11-80. 7. Access for Lot 13 shall be provided by a 15 foot ownership to Wildwood Street. Said access shall be between Lots 11 and 12. 8. An access permit from Washington County will be required for Lot 14. 9. Joint use and maintenance agreements shall be executed and recorded on City standard forms for all common driveways. Said agreements shall be referenced on and become part of all applicable parcel Deeds. Said agreement shall be approved by the Engineering Section. JOINT USE AND MAINTENANCE AGREEMENT FORMS ARE ENCLOSED. 10. Street Centerline Monumentation a. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right-of-ways shall be monumented before the City shall accept a street improvement. FINAL ORDER NO. 85-�PC - ZC' 8-85, S 4-85, PO 2-85, - PAGE 4 b. All centerline` monuments shall beplaced in a monument box conforming to City standards; and the top of all monument boxes shall be set at design finish grade of said street or roadway. C. The following centerline monuments shall be set: 1. All centerline-centerline intersections. Intersections created ' with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City; 2. Center of all cul-de-sacs; 3. Curve points. Point of intersection (P.I) when their position,_- falls inside the limits , of the pavement otherwise beginning and ending points (B.C. and E.C.). 4. All sanitary and storm locations shall be placed in positions that do not interferewith centerline monumentation. 11. The "basis of bearings" for the 'Plat shall be County Survey 19,947, which is a part of the Tigard Field Survey Network. 12. After review :and approval by the Planning Director and Public Works Director, the Final Plat shall' be recorded with Washington County. 13. The approval is valid if exercised within one year of the final decision date. It is further ordered that the applicant be notified of the entry of this order. PASSED: This day of 1985, by the Planning Commission of the City of Tigard A. Donald then, President Tigard Planning Commission y' .(KSU bs/1308P)) QRDEit NO 85- PC ZC 8--85. S 4-85, PD 2-85-- PAGE 5 x- MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and Council May 8, 1985 FROM: Bob Jean, City Administrator I(LW SUBJECT: Council Finance And Audit Representative Appointment Councilor Phil Edin was suggested as Council's representative for the Finance and Audit appointmentper my memo of 5/1/85. This was received and filed on 5/5/85, but formal appointment needs to be approved on 5/13/85. lw/2747A F f i 3 MEMORANDUM CITY OF TIGARD, OREGON 5 TO: Honorable Mayor and City Council May 7, 1985 i FROM; Bob Jean, City Administrator SUBJECT: Approve Council Policy Calendar Per your instructions 5/6/85, the following CouncilCalendar and Policy Discussion Workshop should be ratified: 5/13 Mon. Council Meeting (Twality Jr. High '7--10): Planning Commission/NPO Workshop, Pre-Qualification Appeals and Business 5/15 Wed. Boardsmanship Workshop 02 (Tigard School District Board Room) 5/20 Mon. Executive Session (Labor Relations and City Administrator Evaluation con't.) at City Hall 5;30-7:45. Dinner provided. 5/20 Mon. Council Meeting at Fowler, 8:00. Civic Center Committee update and review Apparent Low Bid. Business. 5/22 Wed. Budget Committee Workshop (5/27 Mon. No Council Meeting/Memorial Day) 6/10 Mona Council Meeting. Civic Center Bid Award. Business. Sat. Executive Session (Labor Relations) at City Hall 9-1 (8:30-1 for Councilor Brian) 6/17 Mon._ Council Meeting, Community Relations discussion. Business. 6/24 Mon. Council Meeting. Budget Resolution. Business. (BJ:pm/0824p) zo z_ t MEMORANDUM TO City Council May 9, 1985 3 FROM: W. A. Monahan, _^ Director, Community Development SUBJECT: item 3.6 Agenda item to approve for relief from condition This item is being removed from the consent agenda, and will be a regular discussion item on the agenda of May 20, 1985. Y 3 { 3 S k ,r _ _ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 13, 1985 AGENDA ITEM # DATE SUBMITTED May 9, 1985 PREVIOUS ACTION: City Hearing ISSUE/AGENDA TITLE: Mann Street on April 29, Tentative Approval Development Cora - PD 1-85 ZC 5-85 PREPARED BY: William A. Monahan REQUESTED BY: City Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is a final order prepared by staff, based upon the City Council's tentative approval of the Main Street Development Corp. 's application for conceptual plan review of a planned development and a zone change. The Council tentatively approved the conceptual plan with modifications and conditions. The zone change was denied, except for a parcel of land which will be created once the realignment of Ash Avenue is completed. ALTERNATIVES CONSIDERED 1. Adopt the final order as written. 2. Modify the final order. s SUGGESTED ACTION =. The Council should by motion, adopt the final order as written. ti (br/1338P) BALL. JANIK & NOVACK ATTORNEYS AT LAW r•... ONE MAIN PLACE. IOIS.W. MAIN STREET PORTLAND,OREGON 97204 ROBERT S. BALL TELEPHONE 15031228-2525 - STEPHEN T.JANIK KENNETH M. NOVACK TELECOPY (503)295-1058 OF.COUNSEL JACK L.ORCHARD TELEX 910-380-5470 JACOB TANZER JOHN W. LILJEGREN SUSAN M.QUICK. - May 13, 1985 WILLIAM H. PERKINS CHRISTOPHER W.ANGIUS VICKI G.BAYLESS - DENISE FRANCIS BARBARA W. RADLER MICHAEL C.WALCH Mayor and Members of City Council City of Tigard Tigard City Hall Tigard, Oregon 97223 RE: Main Street Land Corp. ; PD 1-85, ZC 5-85 Dear Mayor Cook and Councilors: In addition to oral comments and suggestions we will make with respect to the Planning and Development Staff ' s draft of a final order in these matters, we propose the following additions to the findings and conclusions: 1. We propose adding the following language in Paragraph 3 on page 2, dealing with Plan Policies 5.1.1 and 5. 1.3 : The largest building in the commercial center would consist of approximately 109,000 square feet. If it is occupied by Costco, as proposed by the applicant, approximately 160 jobs would be created by that facility alone. The remainder of the project will create a substantial number of additional jobs in the City. 2. We suggest adding a finding with respect to the greenway, as follows: The applicant proposes to dedicate approximately 1.2 acres of Tax Lot 300 to the City for park purposes. The park land will be an important addition to the City's inventory of parks and open space in the "backbone of the [City' s] open-space system" as described in Plan Policy 3.5.3. 3. We ask that the following finding be added with respect to the alignment of Ash Avenue: The applicant has proposed to realign the right of way for Ash Avenue adjacent to the site in order to create some curvature of the street. The proposed curvature will ti beaestheticallypleasing and conducive to maintaining slow traffic speeds which will be compatible with the residential neighborhood. BALL, JANIK & NONACK Mayor and Members of City Council City of Tigard May 13, 1985 Page Two 4. We suggest adding the following finding: The applicant has presented a conceptual site plan which has been modified from the conceptual site plan approved by the Planning Commission. The modified plan would eliminate the creation of a roadway through the site connecting Ash Avenue with Main Street and Pacific Highway. No plan policy or provision of the Development Code requires such a roadway to gothrough the property. The modified plan submitted by the applicant is preferable to the plan approved by the Planning Commission because it w .ald help to insulate the residential neighborhood east and south of the property from commercial traffic from the subject property and from the central business district. Adequate alternative accesses from Ash Avenue to Pacific Highway already exist on Burnham, Frewing, Garrett and McDonaldstreets, among others. 5 We ask that a finding with respect to traffic to be generated from the development be made as follows: In 1982, the City reviewed and approved a site plan for the subject property, and approved a traffic analysis conducted by CH2M Hill in March 1982. The evidence indicates that the traffic volumes and traffic-related impacts of the proposed development will not be significantly different from that approved in 1982. It is estimated that, upon full build-out, the development will generate approximately 11,200 one-way vehicle trip-ends on a daily basis, and 1,060 p.m. peak hour vehicle trip ends. The surrounding street system has adequate capacity for this traffic. 6. We suggest adding a finding as to internal circulation and parking as follows: The applicant has proposed angle parking along the access drive within the site leading to Main Street. The angle parking is not likely to have adverse effects on the inter- section of Main Street and the access road to the site, for the following reasons. First, a 30-feet wide roadway is provided for two-way traffic flow in the vicinity of the proposed angle parking (By comparison, a typical roadway width would be 24 feet) Second, angle parking is allowed on only one side of the roadway (in the inbound direction) . Finally, the angle parking is located approximately 220 feet away from the Main Street-Access Drive intersection; this distance will allow for the storage of 9-11 vehicles without affecting the operation of the intersection. �ti - -. r BALL, JAN i K NOVAGK Mayor and Members of City Council City of >Tigard �. May 13, ,1985 Page Three The evidence submitted to the Planning Commission and reviewed by the Council supports all of these additional findings. Thank you for your consideration. Sincerely, Robert S. Ball RSB/ew cc: Timothy Ramis, Esq. Bill 'Monahan Bob Jean JB Bishop y% r,. 4 3 k E t -s F MEMORANDUM CITY OF TIGARD, OREGON TO: Local Contract Review Board Chairman & Members May 9, 1985 FROM: Loreen Wilson, Deputy Recorder SUBJECT: Civic Center Prequalification Appeals Monday was the filing-deadline- for prequalification forms fortheCivic Center Project. We have 11 general contractors which have received acceptance by the City for their prequalification forms. There are two general contractors who did > not meet the prequalification criterion and they received Notice Of Disqualification for the Project on 5/9/85. In that notice, they were advised of their right to an appeal hearing before the Local Contract Review Board, and in the interest of time that was set for 5/13/85. The two contractors wishing to appeal the decision are: 1. Marion Construction Company, Inc. 1620 Oxford Street, SE PO Box 12218--1620 Salem, OR 97309 Ms. Sandra White of Marion Construction filed a verbal intent to appeal at 11:00 A.M, this date with me via the phone. She stated that they will _need to appear in 'writing only' since nn one is available at the hearing time. 2. McCartney--Johnson General Contractors PO Box 185 Clackamas, OR 97015 Mr. Joe Ahsing, with McCartney—Johnson also filed a verbal appeal via the phone at 11:30 A.M. with Donna Corbet today. He will be appearing Monday evening to discuss the merits of his case with you. Attached for your review are the letters notifying the contractors of disqualification for the Civic Center project and their original applications. Note that .in the second paragraph of each letter the reason(s) for disqualification are explained. Requirements for appeal of disqualification and hearing procedures are set out in ORS 279.043 & 279.045. You will find copies of these sections attached to each letter sent to the contractors. These sections will assist you in determining the process in this matter. Please note on your agenda that each contractor will be heard in a separate public hearing. You will note the requirement for you to consider the record of investigation by the City. Joy Martin will submit a copy of that record at each hearing. The;decision to be made by the Board is to either: 1. Uphold the decision to disqualifythe contractor as a bidder; or 2. Reverse the decision to disqualify the contractor as a bidder. C..' Staff will prepare a final order for each hearing to be adopted Monday evening with'.the.;Board's findings to be included at that time. Since the bid opening is scheduled for next Wednesday, May 15th, at 3:00 P.M. it will be necessary to determine the status of each bidder's appeal Monday evening. , lw/2753R Y s r11�'r CITYOFTIOARD May 8 1985 t WASHINGTON COUNTY.OREGON Marion Construction Co.`, Inc. 1620 Oxford Street S.E. P.O. Box 12218-1620 Salem, OR 97309 SUBJECT: Notice of Disqualification for Tigard Civic Center Project Mrs. Sandra White: The prequalification application post marked May 3, 1985 for the Tigard Civic Center does not meet criteria established by the Tigard City Council and you are therefore not a qualified bidder for this project. You are in violation of ORS 279.037 (1) and (c), "A public contracting agency ,may disqualify any person as a bidder on'-a public contract if the agency finds, (c) The person does not have key personnel available of sufficient experience to perform the contract." Resolution No. 85-22 passed by the Tigard City Council on April 8, 1985, established criteria for prequalifications as provided under ORS 279.039 and Local Contract Review Board Administrative Rule 30.025. Your application is incomplete since it does not include Supplemental Prequalification ApElication required by Resolution No. 85-22 which is attached. Failure to provide this information places your application in violation of 2(b) and 3 of the above named Resolution. You have a right to a hearing under ORS 279.043 and 279.045, copies attached. ORS 279.045 states "Any person who wishes to appeal disqualification as a bidder shall, within three business days after receipt of notice of disqualification, notify the public contracting agency that the person appeals the disqualification." The public contracting agency for the City is Tigard City Council, established by Ordinance No. 85-05. In the interest of time, the Tigard City Council has scheduled on the May 13, - agenda, time for prequalification appeals The meeting is at Twality Junior High School, 14650 S.W. 97th Avenue, Tigard, Oregon. The estimated time for appeals is 7:30 p.m. If you plan to attend,, please call Joy Martin or Donna Corbet, 639-4171. -'Attached are copies of Resolution 85-22, ORS 279.037, 279.043 and 279.045. Sincere a Fober Jean City ministrator cc: City Council City Attorney 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 Chapter 279 1983 REPLACEMENT PART Public Contracts and Purchasing PURCHASING AND AIDS AND BIDDING IN 279.332 Contractual provisions for compensation GENERAL when contract terminated due to public interest 279.011 Definitione for ORS 279.011 to 279.061 279.133 Application of ORS 279.324 to 279.330 279.015 Competitive bidding;exemptions 279.334 Maximum hours of labor on public con- aaa; liability to 279.017 Specifications for contracts;exemptions tracts; holidays; excepti 279.019 Exemption procedure;appeal workers 279.021 Preference*;foreign contractor 279.336 Time limitation on claim for overtime; 279.0231 Least cost policy far public Improvements; posting of circular by contractor ` costs estimates In budget process; record 279.338 I.ength of day's labor on public works of costa 279.340 Overtime for labor directly employed by 279.025 Requirements for advertisement for bids local governments 279.027 Requirements for bids 279.342 Exceptions to ORS 279.340 279.029 Award of contract; bond; waiver of bond 279.348 Definitions for ORS 279.348 to 279.363 in case of emergency 279.350 Workers an public works to be paid not 279.031 Return or retention of bid security less thau'prevailing rate of wage; POOL 279.033 Exemption of contracts from bid security lag of rates and bond 279.352 Provision In contract for minimum rate of 279.035 Rejection of bids wage 279.037 Disqualification of bidder 279.354 Certification of rate of wage by contractor 279.039 Prequalification of bidders;notification or subcontractor 279.041 Application:for prequalificalion; notifica- 279.355 Inspection to determine whether prevail- tion; investigation. revocation or revs ing rate of wage being paid;proceedings sioa to require payment of prevailing rate or 279.043 Appeal of disqualification overtime 279.045 Appeal procedure; hearing; costs; Judicial 279.356 Liability for violations review 279.367 Exemptions f _ 279.047 Effect of prequalification by Department 279.359 Determination of prevailing rate of wage; of Transportation or General Services providing commissioner with informa- 279.049 Preparation of model rules tion 279.051 Personal services contracts;procedures 279.361 Ineligibility for public contracts for fail- 279.053 Laws not to prohibit participation in ure to pay or post ,prevailing rate of affirmative action projects; authority to wage;payroll reports to commissioner limit bidding for affirmative action pur- 279.363 Notifying commissioner of contract Posed 279.365 Civil*actlon to enforce payment of prevail - 279.055 Local contract review board; creation; ing wage power 279.400 Withholding of retainage . 279.056 When federal law and rules prevail over 279.410 "Retainage" defined for ORS-279.011 to ORS 279.011 to 279.061 279.575 279.061 Limitation on public agency constructing 279.420 Form of retainage public improvement 279.430 Limitation on retainage requirements 279.067 Suit by adversely affected bidder PUBLIC CONTRACTS GENERALLY BONDS;ACTIONS ON BUND 279.310 Definitions for ORS 279.310 to 279.320 278.626 Right of action against bond of contractor or subcontractor 278.312 Conditions of public contracts concerning 279.528 Execution and contents of notice of claim payment of laborers and materialmen. 279.636 Action by claimant on contractor's bond Fuad,liens and withholding taxes contributions to Industrial Accident 279.638 Preference of labor and material liens 279.314 Condition concerning Payment of claims 279.540 Rights of persons furnishing medical care by public Officersand attention to employes of contractor 279.316 Condition concerning hours of labor 279.542 Joint liability where bond not executed 279.318 Provisions relating to environmental and 279.575 Progress payments on public contracts; natural resources laws and rules;change retainage;interest;exception;settlement of compensation disputes orders 279.320 Condition concerning payment for medical care and attention to employes STATE PURCHASING 279.324 Definitions for ORS 279.324 to 279.332 279.710 Definitions for ORS 279.710 to 279.746 279.326 Agreement to terminate contract 279.328 E:tension and compeasatioa when work 279.711 Title to property acquired by state agency suspended in certain eases to be taken in name of state 279.330 Compensation when contract terminated 279.712 Department of General Services to Pur- IWO i L t 27$.031 PUBLIC BUILDINGS PURCHASING AND PRINTING ing a goad and sufficient bond for the faithful agency finds: s performance of any public' contract may _be (a) The person does not have sufficient excused. if a declaration of such emergency is financial ability_to perform the contract. If a made and concurred in by all members of the bond is required to insure performance of a governing board of the public contracting agen- contract,evidence that the person can acquire a cy. (Formerly 279.075-.1981 c.466 121 surety bond in the amount and type required 279.030 (Amended by 1971 c.659 11; repeated by shall be sufficient to establish financial ability; 1975 x771 1351 (b) The person does not have equipment available to perform the contract; i t 279.031 Return or retention of bid security. Upon the execution of the contract (c) The person does not have key personnel F and bond by the successful bidder,the bid securi. available of sufficient experience to perform the ty of the successful bidder shall be returned to contract;or the bidder.The bidder who is awarded a contract (d) The- person has repeatedly breached and who fails promptly and properly to execute contractual obligations to public and private the contract or bond shall forfeit the bid security contracting agencies. that accompanied the successful bid. The bid (2)The public contracting agency may make security shall be taken and considered as liqui- such investigation as is necessary to determine dated damages and not as a penalty for failure of whether a person is qualified. If a bidder or the bidder to execute the contract and bond.The prospective bidder fails to supply promptly bid security of unsuccessful bidders may be information as requested by the public contract- returned to them when the bids have been ing agency pursuant to such investigation,such opened and the contract has been awarded, and failure is grounds for disqualification. shall not be retained by the public body after the (3) Any information voluntarily submitted contract has been duly signed. !Formerly 279.08&. by a bidder or prospective bidder pursuant to an 1981 c.712121 investigation under subsection(2)of this section 279.032(Repealed by 1975 x771 1331 or in a prequalification statement required by 279.033 Exemption of contracts from ORS 279.039 or in a prequalification request bid security and bond.The director or board submitted pursuant to ORS 2to shall be OR W deemed a trade secret pursuant ORS 192.500 may exempt certain contracts or classes of con- (1)(b) and(e) if requested by the person submit- tracts from the requirement for bid security and ting the information. 11975 071113;1977 c.289 171 from the requirement that a good and sufficient bond be furnished to assure performance of the 279.038(Repealed by 1975 c.771 1331 contract and payment of obligations incurred in 279.039 Prequalification of bidders; the performance; provided. however, the public notification. (1) Any public contracting agency contracting agency may require bid security and may adopt a rule, resolution, ordinance or other a good and sufficient performance and payment regulation requiring mandatory prequalrfcation bond even though the contract is of a class ex- for all persons desiring to bid for public contracts empted by the director or board. (t97s c.771 111: that are to be let by the agency.The rule,resolu- 1983 c.690 171 tion,ordinance or other regulation authorized by 279.034(Repealed by 1975 c.771 1331 this section shall include the time for submitting 279.035 Rejection of bids. The public prequalification applications and a general de- scription of the type and nature of the contracts contracting agency may reject any bid not in that may be let.The prequalification application compliance with all prescribed public bidding shall be in writing on a standard form prescribed procedures and requirements, and may reject all by the director. bids if in the judgment of the agency it is in the The public contracting agency shall public interest to do so.In any case where com- (2) petitive bids are required and all bids are reject- within 30 days of the receipt of the prequalifica. ed,and the proposed contract is not abandoned, tion application submitted pursuant to subsec- new bids may be called for as in the first in- tion (1) of this section, notify the prospective stance.11975 x771 1121 bidder if the prospective bidder is qualified or not, the nature and type of contracts that the 279.036 [Amended by 1969 e.607 11: repealed by prospective bidder is qualified to bid on and the 1975 c.771 1331 time period for which the prequalification is 279.037 (Disqualification of bidder. (1) valid. If the public contracting agency disquali- A public contracting agency may disqualify any Pies the prospective bidder as to any contracts `'.,person as a bidder on a public contract if the covered by the rule, resolution, ordinance or 1106 PUBLIC CONTRACTS AND PUltCHASINC 279.04 other reguleiion, the notice shall specify which pe rson.•rhe notice shall state the reasons found subsections of ORS 279.037 the prospective under ORS 279.037 for revocation or revision e I bidder failed to comply with.Unless the reasons the prequalification of the person and inform the are specifiperson ed,the bidder shall be deemed to have Pe f the right to a hearing ounder ORS 3 been prequalified in accordance with the applica 279.043 and 2?9.045. A revocation or revision does not apply to any contract for which publics- 4, tion. tion of advertisement for bids, in accordance (3) If a public contracting agency subse- with ORS 279.025,commenced prior to the date quently discovers that a person heretofore pre- the notice of revocation or revision was received qualified under subsections (1) and (2) of thisby the prequalified person. 119'15 c.771 415; 1977 section is no longer qualified, the agency may 289 52,198t c.712 14;1983 c-690191 revoke the prequalification upon reasonable ed by 1975 e.771 1331 notice to the prospective bidder;provided, how- 278.042(Repeal ever, that such revocation shall be invalid as to 279.043 Appeal of disqualification. any contract for which an advertisement for bids Any person who wishes to appeal disqualifica has already been made under ORS 279.025. 11975 tion as a bidder shall,within three business days c.771 114;1977 c,28912;1981 c.71213;1983 c.690181 after receipt of notice of disqualification,notify 279.040(Repealeli by 1975 c.771 1331 the public contracting agency that the person appeals the disqualification. Immediately upon 279.041 Application for prequalifica- receipt of such notice of appeal, public con- tion; notification investigation, revoca- tracting agency which is an agency of the State tion or revision. (1) When`a public contract of Oregon shaU notify the director.If the public ing agency permits or requires preq ualification contracting agency is a political subdivision of of bidders, a person who wishes to prequalify the state or a public body created by intergovern- shall submit a ptequalification application to the mental agreement,it shall notify the appropriate agency on a standard form prescribed by the board.(1975 x771117;1977c.289,14;1983 c.690 1101 director. With' fl.liaYs after receipt of a pre- b 1975 x771 1�1 qualification application, the public contracting 278.044(Reptalal y officer shall investigate the prospective bidder as 279.045 Appeal procedure; hearing; necessary to determine.if the prospective bidder costs; judicial review. (1) The procedure for is qualified.The determination shall be made in appeal from a disqualification by a public con- less than 30 days, if practical, if the prospective PPce bidder requests an early decision to allaw the tracting agency shall be in accordance with this sec bidder as much time as possible to prepare a bid tion e.-id is not subject to ORS 193.310 to 183.550 except where specifically provided by on a contract that has been advertised. In mak- this section. ing its determination, the agency shall only upon receipt of notice of appeal disqualify a person in accordance with ORS (2)Promptlypo acting enc as provided for 279.037. It shall promptly notify the person by ORS 279.043 the d'uector or board shall whether or not that person is qualified. �' and the public con- (2) R the agency finds that a prospective notify the person appealing tracting agency of the time and place of the bidder is qualified, the notice shall state the hearing.The director or board shall conduct the nature and type of contracts that the person is hearing and decide the appeal within 10 days qualified to bid on and the period of time for after receiving the notification from the public which the qualification is valid under the rule, contracting agency. The director or board shall resolution, ordinance or other regulation. If the set forth in writing the reasons for the decision. agency disqualifies a prospective bidder as to anyr or board the contracts covered by the rule. note shall apeci- consider de novo he notice of disqualificationl nance or other regulation,thby the fy the reasons found under ORS 279 n of the publicfor the the cccontrac ing agenrd of the cy stand any eevidence disqualification and inform the pe parties. In all right to a hearing under ORS 279.043 and provided beforeeth the shall the conducted 2 79.045. in the same manner as a contested case under (3) If a public contracting agency has rea- OILS 183.415(3) to(6)and(8), 183.425, 183.440 sonable cause to believe that there has been a and 183.450. Hearings before a board shall be substantial change in the conditions of a pre- conducted under rules of procedure adopted by qualified person and that the person is no longer the board. qualified or is fess qualified, the agency may ' revoke or may revise and reissue the p�ualifi_ (4) The director may allocate the direcperson aPPe�torls' cation after reasonable notice to the prequalified cost for the hearing between the 1107 as M 279.047 PUBLIC BUILDINGS 11U110EiASiNG ANU PRINTING ing the disqualification and the public contract- Department of Transportation to perform con ing agency whose disqualification decision is tracts, or wilh the Department of General Ser i being appealed. The allocation shall be based vices to perform contracts,that person is rebutt- upon facts found by the director and stated in ably presumed qualified with any other public the final order which, in the director's opinion, contracting agency for the same kind of work. warrant such allocation of the costs. If the final When qualifying for the same kind of work with order does not allocate the director's costs for the another public contracting agency.that person hearing,such costs shall be paid as follows: may submit proof of such prequalification in lieu of a prequalification application as required by (a) If the decision to disqualify a person as a ORS 279.039(1)or as a request for prequalifica- bidder is upheld,the director's costs shall be paid tion under ORS 279.041 (1). 11975 c.771 116; 1977 by the person appealing the disqualification. c.289161 (b)If the decision to disqualify a person as a bidder is revers;.d by the director,the director's 279.048 IRepealed by 1975 c.771 1331 costa'shall be paid by the public contracting 279.049 Model rules. The Attorney agency whose disqualification decision is the . General shall prepare and maintain model rules subject of the appeal. rac (5)The decision of the director or board may contracting cong appropriate for use by all public agencies governing bid procedures, be reviewed only upon a petition in the circuit advertisements, the awarding of bids, retainage, court`of the county in which the director or claims, liens, bid security, payment and perfor- board has its principal office filed within 15 days mance bonds and other matters involving public after the date of the decision.The circuit court contracts,and may devise and publish forms for shall reverse or modify the decision only if it use therewith.Before adopting or amending any finds: such rule, the Attorney General shall consult (a)The decision was procured by corruption, with the director, the Director of Transporta- fraud or undue means. tion, representatives of county governments, representatives of city governments, represents- (b) There was evident partiality or corrup- rives of school boards and other knowledgeable tion on the part of the director or board or any of persons (1975 e.771 526; 1983 c.690;121 its members. (c) There was an evident material miscalcu- 27e.050 1Amended by 1969 c.349 51: 1971 c.180 111; lation of figures or an evident material mistake repeated by 1975 c.771;331 in the description of any person,thing or proper- 279.051 Personal services contracts; ty referred to in the decision. procedures. (1) Public agencies may enter into (6)The procedure provided in this section is contracts for personal services.The provisions of the exclusive means of judicial review of the this section do not relieve the agency of the duty decision of the director or board. The judicial to comply with ORS 291.021 or applicable city or review provisions of ORS 183.480 and writs of county charter provisions. Each public agency review and mandamus as provided in ORS chap- shall create procedures for the screening and ter 34,and other legal,declaratory and injunctive selection of persons to perform personal services. remedies are not available. (7) The circuit court may, in its discretion, (2) The director or board by ordinance, stay the letting of the contract which is the resolution, administrative rule or other regula- subject of the petition in the same manner as a tion may designate certain service contracts or suit in equity. In the event the court determines classes of service contracts as personal service that there has been an improper disqualification contracts. 11975 c.771 527;1979 x196 12; 1981 c.766;t; and the contract has been let, the court may IMc•690;131 proceed to take evidence to determine the dam- 279.052[Repealed by 1975 c.771 ;331 ages,if any,suffered by the petitioner and award such damages as the court may find as a judg- 279.053 Laws not to prohibit partici- ment against the director or board. The court pation in affirmative action projects; may award costs and attorney fees to the prevail- authority to limit bidding for affirmative ing party. (1975 c.771 118.1977 c.M 115:1983 c.690 ittl action purposes. (1) No provision contained 278.048(Repealed by 1975 c.771 6331 in chapter 771,Oregon Laws 1975,shall be con- strued to prohibit any public contracting body 279.047 Effect of prequalification by from engaging in bidding and contracting prac- Department of Transportation or General tices designed to accomplish affirmative action ;Services.'If a person is prequalified with the goals for disadvantaged or minority groups. a 1108 n S CITY OF TIGARD, OREGON �^ RESOLUTION NO. 85- ZZ A RESOLUTION ESTABLISHING CONTRACTOR'S PREQUALIFICATION CRITERIA FOR THE CITY'S CIVIC CENTER PROJECT: REQUIRING MANDATORY PREQUALIFICATION; AND SETTING THE TIME AND DATE TO RECEIVE THE PREQUALIFICATION APPLICATION. WHEREAS, the City may require mandatory prequalifications for all persons desiring to bid for public contracts according to ORS 279.039 (1) and the Local Contract Review Board Administrative Rule 30.025; and WHEREAS, ORS 279.037 lists reasons for which criteria need to be set that a public contracting agency may disqualify any person as a bidder for a public contract; and WHEREAS, Local Contract Review Board Administrative Rule 30.025 requires the forms ,to be prescribed by the Purchasing Agent; and WHEREAS, if the City requires prequalification, Local Contract Review Board Administrative Rule 30.025 states the City shall not consider the bid(s) of any prospective bidder not prequalified; and WHEREAS. ORS 279.043 allows any person who wishes to appeal disqualification as a bidder three business days after receipt of notice of disqualification; - and WHEREAS, the Tigard City Council finds it necessary and desirable to require prequalifications in order to be assured of the reasonableness of a bid. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: 1. The Tigard City Council acting in compliance with ORS 279.039, City's -Local Contract Review Board Administrative Rule 30.025 requires mandatory prequalification for all persons desiring to bid for the Tigard Civic Center constructionproject. 2. To be considered as a qualified bidder on the Civic Center construction project, the person shall do each and all of the following: a. Complete the entire current form and file a notorized copy with original signatures of Contractor's Prequalification Application: Equipment and Expense Questionnaire, last revised 10-63 which is attached as Exhibit A, on or before the time and place given below. b. Complete the Supplemental Prequalification Application on a copy of the form which is attached as Exhibit B with the Application described on 2a above. RESOLUTION NO. 65-.2-2. Page 1 • I F - f c. Completed motorized applications must be received by the City Recorder,at City Nall offices, 12755 SW Ash, Tigard, Oregon, by .3:00 P.-ma, P.O.T., Monday. May 6, 1985. Applications either incomplete or 'received after this time shall not be considered for qualification. i 3. Reasons for the disqualification of a prospective bidder for this project # are according to ORS 270.037. The following standards shall apply for determining qualification: a. The contractor shall submit evidence that the contractor can obtain a bid bond, performance bond, and labor and materials bond. The surety bonds shall be with a company approved by the City and shall have a Best's rating of not less than A+. b, The contractor shall have a superintendent or a project administrator on the 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. The administration experience shall have involved a contract in excess of $500,000. c. The contractor shall have a superintendent on the Tigard Civic Center job site who has been in the employment of the contractor as a superintendent for more than one year from the date of the invitation to bid. d. The contractor shall have a key person on the Tigard Civic Center job with prior experience in formed concrete work and office building construction. Such experience shall have been with a building in excess of $500,000. e. The contractor shall not have a record of repeatedly breaching contracted obligations to public or private contracting agencies. 4. Notice of the prequalification requirement shall appear with the notice calling for bid and shall include the time and place applications must be received. Applications can be obtained at City Ball offices, 12755 S.W. Ash, Tigard, Oregon. PASSED: This �_ day of 5211'_ 1985. i r - City of Tigard ATTEST Oe y City Recorder - City of Tigard (JM:pl/0781p) RESOLUTION NO. 85- � Page:1 �rr�t i STATE OF OREGON DEPARTMENT OF GENERAL SERVICES Salem, Oregon 97310 Of 0. < Y'� Q rs,tiy PRE"UALI F1 CATION APPLICATION Equipment and Experience Questionnaire ADOPTED BY THE DEPARTMENT OF GENERAL SERVICES To - - Application of (Name of Applicant) An Individual 0 A Co-Partnership 0 A Corporation 0 Joint Venture 0 Member of Joint Venture 0 (Address to which all applicant's correspondence is to be mailed) Telephone No. Date Application Prepared This Prequalification Application is submitted for the following purpose: (Check one) 0 This is a prequalification application 0,This is a prequalification applica- for such period of time as designated by tion for the the mandatory prequalification rules adopted by the Public Contracting (Name of Project) =- Agency. Scheduled bid opening: (date) Rev. 10 83 .. N S T R U C T I 0 N S Introductory Statement In accordance with the statutes of the State of Oregon, every public contracting agency contemplating receiving bids for and awarding any contract for a public improvement may require any prospective bidder to submit a full and complete statement concerning his`equipment and experience in constructing public improvements. The application and questionnaire forms which arc bound herewith comply with the requirements of Oregon Department of General Services rules and must be used in determining the qualifications of prospective bidders and in assigning limits as to the size and kinds of-projects for which the prospective bidder may submit bids. The applicant should use care and integrity in preparing this information. The public contracting agency may make independent inquiries concerning the contractor's past performance and/or capabilities. Manner of Preparing and Filling in Forms: This application shall include equipment and` experience information for only the specific single business organization or entity which is applying for prequalification and which would be the signator on a contract with the public contracting agency. All answers and -other entries on the forms, except signatures, should be filled in on a typewriter or printed. To make this possible, the forms may be taken apart by removing the staples by which they are (~ bound. It shall be the responsibility of the applicant to return all pages whether applicable or not. Failure to ` do so may be grounds for rejection. All answers and entries shall be specific and complete in detail. The prequalification application shall be signed by the applicant and sworn to as the form indicates. The signatory of the statement guarantees the 'truth and accuracy of all statements and of all answers to questions. Use of Attachments: Schedules, reports and other forms of prequalification statement may be used as attachments to the prescribed form, provided that the information contained therein specifically includes the information required by this form. Place of Submission: Prtqualitecation applications shall be submitted to the designated officer of the public contracting agency. Time of Submission: Each Public Contracting Agency may have specific time requirements for filing applications. The j applicant should check with the designated officer of the applicable agency for submission time. (Instructions continued inside back cover) r _ 11 01 t-.. V, -h VI.—4if work: A Enter the maaim:.m dollar NtrM.tmt of work you arc eepwhle of performing. h - 'fntcrthe m.aimum dollar :tffmmnt of work yam arc qualified to undertake in other %tate% 1•.11lcr ow• aalc(%I wfiete yu:lificd fur the :.mount %h..wn in column'1)': I1 liutcr ttec nomlar of yrarx of experience in thi♦cta%% of work. If nose %p.w a i% required, u.c p:.gc IO of thi-, :.pplicalion or additional %heel%: (highway, Roads. Streets, Airports) u.tcls) t) • Ycnr% A - MMax. Ikrllar R - Qua{. f�llar C C- . lace Amount Amount _ Exp. Land Clearing Highways, Roads, Streets and Airports Earthwork and Drainage Highways, Road%. Streets, and Airport Runways — Aggregate Crushing Aggregate Bases • Highways. Roads, Streets and Airport' Runways Asphalt Concrete Pavement and Oiling Highways. _Roads. Streets and Airport Runways Portland Cement Pavement - Highways. Roads. Streets and Airport Runways Reinforced Concrete, and Structural 'Steel Bridgt•s and Grade Separation Structures Painting Steel Bridges and Grade Separation Structures Miscellaneous Highway Appurtenances (Guardrails, Median Barriers, Curbs, Retaining Walls, Walks. 'Fences, Riprap) - Signing . Temporary and/or permanent for Highways, Streets and Roads Illumination Highways, Streets, Roads, Airports. Parks and Rest Areas Traffic Signals - Highways. Streets and Roads Landscaping Highways, Streets, Roads. Parks and Rest Areas - (Roadside seeding, lawns, shrubs, trees, irrigation systems) uttdings - Highways, Rest Areas, Parks (Toilets, Bathhouses, Maintenance. Sand Sheds) o r��lla iilfa�-ii Wtj Conflnued Fur F—ch 0-1 of WuriL: A - Fnicr the maximum dollar urrxwnt of work you arc caf. hlc of rcrfurmint It - Fnlcr the maximum dull:u :um.unt of wurk ytur arc yualificd In undcrtakc on other %t:uc% l;mcr the slalcts) waxrc qualified feu m Iloc auunt sfntwn in column 'U (ttt Enter the numhcr of year.of cupericncc in this Clair of wurk. (Other Public improvements) A + Max. Dollar B Quay. Dollar C Statc(s) 1) Ycar. Anatsunt ArnaNmt F xP. -.Sewer Construction Sewage Treatment Plants — Sewage Pumping Station! Water Lines WaterReservoirs -- Water Tanks Steel, Concrete, Wooden Electrical Wiring Building Construction: Building Alteration and Repair Demolition and` Related Excavation ( nth Clearing l _ - �ainting and Decorating Plumbing -- - — ---- Heating � - ----- Air Conditioning — Roofing_ - -- Sheet Metal Work -- -- Drainage - Well Drilling - -- Municipal Street Construction ' Either s . IF s_ Indicate the 104) amount of work. expressed in dollars• which the applicant belieres it L capable o! undertaking at any one time: . . . . . . . . . . . . . . . . . . . . i l .' 3 BID AND PERFORMANCE SURETY BONDS: If the contracts for which this prequalification is sought require bid and performance bonds, the applicant shall date the name of the agent and name, address and telephone 'number of the surety company applicant expects to provide the bonds. 4 it an Oregon corporation, answer this: 5 if a co-partnership.answer this: Date of organization When Incorporated State whether partnership is general, limited or association. President if a foreign co-partnership or persons engaging in business in this state under an assumed business name, but not lat"Vice President domiciled within this state, state whether or not such part- nership or business organization has been registered as may Secretary be required in compliance with Chapter 648. Oregon Revised Statutes. Treasurer Name and Address of Partnere e What officers are auth.ri.ed to execute contracts - 6 If a foreign corporation. answer this: Name and address of registered agent in Oregon: When incorporated , In what state Date of authorization to transact business in the State of Oregon Has applicant filet' with the Department of Revenue forms requirt by ORS 279.0213 Yes 0 No Q President tat Vice President Secretary �f.What officers are authorized to execute-contracts - - 3 Mpg BIDDER'S EQUIPMENT QUESTIONNAIRE r 7 19anlz and cyuiprrxm owncd by thr applicant: List only major iaem%. Lump ttricctixr zm:dt cycapmcnt and hw.l%. Age in CnndsUon Quantity. Description and Capacity or ]tem• Years l Total market value of equipment .......................................................... $ Does applicant intend to rent equipment? If soy provide a general description Where available? 4 BIDDER'S EXPERIENCE OUESTIONNAIRE List major projects applicant has undertaken in last five years. (List most recent projects first) Class of Contract Namr and Address Name of Proiect Work Amount oL Ovrner Z - a 4 S c `s s 70. 21 ! 1s 13 I. 14 15 II6 17 18 19 2° -- 21 r 22 5_, RIDDER•S EXPERIENCE-QUESTIONNAIRE—Continued 'i List the following additional information for projects listed under item h. (Use same line No. as in opposite page) U•leof Completion Surety Company - Architects car Location of Work • (if completed) it Protect $onded Engincerinit Him, I 2 3 S 5 7 {` �xQ - 12 l` 13 14 25 16 17 18 18 20 21 22 4cate whether: (P)Prime Contractor, (JV)Joint Venture, (Sub)Subcontractor CE� T 00 indicate name, address and phone number including area code. M BIDDER'S EXPERIENCE OUESTIONNAIRE - Continued 161 A. How many years has applicant 'been to business under present name? B. How many years experience in construction work has applicant had (a) As a prime contractor? (b) Asa subcontractor? What is the con.truction cxr*crienec or all owners,officers,partners and principal individuals in applicant's organization?Also list ;any other individual sw organization who. in any way and to any extent.controls or influences the bidding. Individual'& Present Position Years of Magnitude and in What Name or Office Const. Exp. Type of Work Capacity 1 2 Indicate type of all contractors licenses held as required by Oregon statutes. (e.g. Landscape Contractor) i 3 Following space' may be used for general remarks and explanations pertaining to the foregoing prequalirication statements: (Also explain here any experience claimed which is that of a business organization or entity, other than the applicant. including a business entity superseded by the applicant.) 7 la 1st s�>zi� sltllrt�ar + 1 Does applicant want the material submitted herein deemed to be a Leede secret Duravant to paraRraPhs (b) and (e) of subsection (1) of ORS 192.500? (Check one) D Yet D NO 15 Owocrchip and Control {;il I isi:+ny oxK nirsation,owned or controlled by the applicant,its officers,directors,partners and anyone owning al r nacastme, 107c interest in the firm.or i which the:ncd cant ntr lcwa%or is an heaPofficer.director or partner.doing business in Oregon under ar.Other nam(.1!none.so - state. 10`fh or more of applicant's firm. (h) Lisl those individuals, companies or corporations owning {c) n who have a financial interest in or serve as officers or partners in another firm "%I all other perao+tnel in applicant's organizatio prequalified to hid in this or another state, position in State of Individual's present position Other Firtrt Other i ism or Office or Firms Other Firm(s) 16 Chick the appropriate block or blocks identifying applicant. ❑ Woman ❑ American Indian ❑ Black ❑ Alaskan Native (Eskimo or Aleutl ❑ Hispanic ❑ Non Minority ❑ Asian American Y gig 4 ss�lt� Militia 1 7 ,awe you ever been denied prequalification in thin cx any athcr ante? If yes, explain. Have ysoa ever been debarred from bidding on contracts in this or any other stale under any State law or Federal Law?If yes,explain. 18 AFFIDAVIT: STATE OF OREGON ) ss. county of ) I, being first sworn, state that I am of the applicant herein and that the statements made in Title this application are true and I acknowledge that any false,deceptive or fraudulent statements on the application or at a hearing will result in the denial of preyualifieation:that should there be any subsequent material redu„tion in applicant's ibility to carry out ' any project fur which applicant desires to submit a bid applicant will give written notice of such change to the designated officer to whom this application is submitted at least ten days prior to the bid opening:and that it is understood that such notice may change the eligibility of applicant to submit the bid. 37 ” (Signature) #s- • (Title) Subscribed and sworn to before me this; day;of 19 t a \ Notary,Public` My commission'expires N S T R U C T I O N S -Continued Appeal Due to Denial or Revocation of Prequalification: In case a coatractor's application for prequalification is denied or in case an existing prequalification is revoked, the contractor may appeal the denial or revocation in accordance with the rules adopted by the Department of General Services. Notification of Action Taken: The applicant will be notified.-in writing, of the action on his application. tic will then be allowed to bid on such projects as are within the limits of size and kind of work for which he has been declared _ qualified, Period During Which a Qualified Bidder Remains Qualified: - A prospective bidder who has been notified of prequalification for projects of a given size and kind will usually remain qualified until _the date specified in the notification. The public contracting agency may limit prequalificationapproval to individual public improvement projects. Unless such bidder is otherwise notified by the public body he will be permitted to submit bids rot any and all'projects of said kind and size for which bids are to be received. The public body may from time to time require new or revised prequalification applications and have them approved prior to allowing a bid. Requirement of Continuing prequalification: Prospective bidders who have once been qualified with an agency requiring prequalification and who desire to maintain an uninterrupted prequalification standing are required to submit a new application _ periodically as required by such agency. Uninterrupted prequalification is contingent upon favorable action on the application. A prequalification may be revoked under the provisions of ORS 279.039.' Changes: Requests for .revision of the prequalification standing of any prospective bidder will be considered whenever the bidder can :Hake a showing of materially improved ability, but not more often than once in three months. Each such request must be accompanied by a new prequalification application. With or without a request from the-prequalified bidder. the prequalification limitation on class of work or size of project may be reviewed and-increased or decreased as found appropriate. The prequalified prospective bidder will be notified in writing of any such revision. Confidential Information: 'Me information furnished in the prequalification application will be treated as confidential information if so requested by the applicant. If so requested in item 14 of the application, contents of the F application will not be disclosed to the public except upon the written order of the person or persons furnishing the same or upon an appropriate order of a court of competent jurisdiction. Joint Venture: A public contracting agency may adopt special requirements concerning joint ventures. Before submitting a joint` venture application, a prospective bidder should ascertain if special instructions are applicable and obtain them from the designated public officer. t.. SUPPLEMENTAL PREQUALIfICATION APPLICATION TIGARD CIVIC CENTER TO: City Recorder, City of Tigard DATE: 12755 S.W. Ash Avenue Tigard, Oregon 97223 FROM: We have received and reviewed the prequalification criteria adopted by the Tigard City Council and submit the following information as evidence to satisfying the_criteria: 1. Name and address of the company which will provide the bid bond, performance bond and labor and material bond: 3 fi Attach a letter from the company stating they will provide the bonds if awarded the bid and the rating. 2. Name of the superintendent to be assigned to the job and the date most recently hired by your company as a superintendent. Name: Date: t� PREQUALIFICATION SUPPLEMENT PAGE Z 3. List one or more publicimprovement jobs the above -named superintendent has administered in the past five years for a government agency in Oregon involving a contract in excess of $500,000. Date of Completion Location of Work Class of Work Contract Amount 4. Name` one or more person to be assigned to the job who have prior experience in concrete work and office building construction with the contract in excess of '$500,000. Name Location of Work Class of Work Contract Amount 5. The following space may be used for general remarks and explanations pertaining to the foregoing prequalification statements. Signature .` Title (ZM/dc:0788p) f s � s CONSTRUCTION 0061 INC* ' General Contractors P.O.BOX 12218-1620 Oxford Street S.E.,Salem,Oregon 97309-581-1920 May 3, 1985 - City of Tigard P. 0. Box 23397 Tigard, OR. 97223 Attn: Jerri Widner City Finance Director Re: Tigard Civic Center Subject: Contractor's Prequalification y Dear Ms. Widner: Enclosed is our completed Contractor's Precualification Application for your review and approval. If you have any questions, please contact US. Sincerely, /andra White `. MARION CONSTRUCTION COMPANY 1s1cw Encl. n� x v �� rs�ro rrr®.Yif� A STATE OF OREGON PUBLIC CONTRACT REVIEW BOARD Salem, Oregon 97310 P E UALIFICATION APPLICATION Equipment and Experience Questionnaire ADOPTED BY THE PUBLIC CONTRACT REVIEW BOARD PURSUANT TO ORS 279.039 - To City of Tigard Attn: Jerri Widner, City Finance Director P.O. Box 23397 12755 S.W. Ash Ave.. Tigard, OR. 97223 (Name and Address of Public Contracting Agency) Application of Marion Construction Company (Name of Applicant) An Individual❑ A Co-Partnership 0 A Corporation 10 Joint Venture a Member of Joint Venture 0 P O Box 12218, Salem OR, 7309 (503) 581-1920 (Address to which all applicant's correspondence is to be mailed) Telephone No. Date Application Prepared May 3, 1985 This Prequalification Application is submitted for the following purpose: (Check one) C2 This is a prequalification application ❑ This is a prequalification applica- for, such period of time as designated by tion for the the mandatory prequalification rules adopted by the Public Contracting (Name of Project) Agency. Scheduled bid opening: (date) •Fur Each Class of Work: A= Enter the maximum dollar amount of work you are capable of rvi-forming. B- Enter the maximum dollar amount of work you are qualified pi undertake in tither %tatcs. C- Enter the statc(s) where qualified for the amount %hown in column W. _ D-Enter the number of years of experience in this clan%of work. If more ,pace iv required, use I%igc 10 of thi,application of additional %hcet.. (Highway, Roads, Streets, Airports) A - Max. fAlLu It - Qual. Ikillar C - state(%) D Year% Clas-c Amount Anxatnt Exp. Land' Clearing - Highways, Roads, a I Streets and Airports Earthwork and _ Drainage Highways, Roads, Streets, and 2,000,000. Airport Runways 24 Aggregate Crushing Aggregate Bases - Highways. Roads, Streets and Airport Runways ----..� Asphalt Concrete 'Pavement and Oiling - Highways, Roads, Streets and Airport Runways --- Portland Cement Pavement' Highways, Roads, Streets and , t Airport`Runways Reinforced Concrete, and Structural Steel Bridges and Grade Separation Structures �000� Painting Steel Bridges and Grade Separation Structures �--- ----- Miac011aneous Highway Appurtenances (Guardrails, Median Barriers. Curbs, Retaining Walls, 2,000,000. 16 Walks, Fences, Riprap) Signing . Temporary and/or permanent for . Highways, Streets 1,000,000. 16 and Roads i Illuminations Highways, Streets, Roads, Airports. Parks and Rest Areas Traffic Signals - .Highways, Streets and Roads Landscaping Highways, Streets, Roads, Parks and Rest' Areas (Roadside, seeding, lawns. shrubs, trees, irrigation systems) Buildings • Highways, Rest Areas, Parks (Toilets; Bathhouses, 5,000,000. 24 Maintenance, Sand Sheds) ) _ •� Continued For Each Class of Work: A'- Enterthe maximum dollar amount of work yon art. C:epahk of performing. B - Enter the maximum dollar amount of work you are qualified w undemake in other states. C- Enter the state(s)where;qualified for tlx ::meN:nt turwn in Column W. D- Enter the number of years of citrwrience in this class of work. (Other Public Im^provementsl A . Max. F)ollar H (p,:d: Dollar C States) D - Years r,AU ` Amount. Amount F%p Sewer Construction Sewage Treatment Plants ,SZn�C)1�0. II nf)�nonflon• 1 1 Sewage Pumping Station! 5,n Water Lines Water Reservoirs Water Tanks Steel, Concrete, 5,000,000, 11 Wooden Electrical Wiring — Building Construction a0 24 2.4 Building Alteratiu» and Repair 1�a0.0 e0Q0• 24 Demolition and Related Excavation 5,000,000. 24 and Clearing e---------"'_ Painting and Decorating - Plumbing - Heating - — Air Conditioning Rooting - y Sheet Metal Work Drainage Well Drilling w municipal Street Construction — - — Other 3 z -. sg4t 1.8. Q la��amr��acf_ _ ____ >sa��m►�►ii� _---- ------ -- - -- - ` Indicate the total amount of work, expressed in dollar%, which the applicant believes it is capable of a undertaking at any one time: . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.000.000. \-• 3 BID AND PERFORMANCE SURETY BONDS: If the contracts for which this prequalificatiun is sought require bid and performance bonds, the applicant shall date the name of the agent and name, address and telephone number of the surety company applicant experts to provide the bonds. Industrial Indemnity Company, 421 S.W. 6th Ave. , Portland, OR. 97204 (503) 222-6611 Agent: Leonard Adams •Co. ,_P. O. Box AA, Beaverton, OR. 47005 Attn: James P. Dooney 4 if an Oregon corporation, answer this: If a co-partnership, answer this: March 7. -1961 Date of organization When Incorporated March whether partnership is general, limited or association. President Dale R. Peterson -' If a foreign co-partnership or persons engaging in business. _ in thiie state under an assumed business.name, but not Ist Vice President _- ._ _ ___•.-.— domiciled within thin state, state whether or not such part- nership or business organization has been registered as may $eeretasy ,Patricia- J. Peterson _ be. required in compliance with Chapter 648. Oregon Revised Statutes Treasurer Name and Address of Partnere What officers are authorized to execute contracts President _ F -6 If a foreign corporation answem this r..,nr' Arlt' .1't{f.'.. •1• ..:r,a.•.ccl nCnl er rnok•.1� i When mncorpr.rateA { In what state Dater of authorization to transact ---- businemx to thr State of Oregon Has applicant filed with the Depart►ntnt of Revenue• -- forms require-d by ORS 279.021" Yes U No O President Ist Vice President Secretary. _ What officers are authorized to execute contracts ySVZ '.,^:,-•�aL^t?".-c.:�;',.,- .._. _....,---• 7...:,.-,....r_ . ,.,., i - - - .^ar—c-ze'•'Sh-...:....`t BIDDER'S EOUIRMENT OUESTIONNAIRE 7 Wants and equipment owned by the applicant: List only major items. Lump together small equipment and tocols Age in Quantity, Description and Capacity of Items Yawn Condition Pettibone Forklift: - Super Six 8,000 goo Pettibone`'Forklift = Super Six good Baker Forklift 10,000# good Radial Saws (3) good Compressors (2) 900T— Misc. Small aoMisc. -Small equipment, pickups, saws, etc. good P & H`Omega Crane 18 Ton (1) good P "& H Omega Crane 20 Torn (1) good Total market value of equipment .. .... ..... . +� 320,000. Does applicant intend to rent equipment? _ If'no. provide a general description We will rent any equipment necessary to complete job. Where a'vaitable? .Portland Eugene 4 • BIDDER'S EXPERIENCE QUESTIONNAIRE 8 List major projects applicant has undertaken in last five years. (List most recent projects first) - Name and Address Class of Contract of Owner Name of Project Work Amount zllsboro/Forest Grove/ Water Treatment Plant Water Treatment eaverton Joint Water Commission Expansion Plants 821,300. fentral Plaza Partnership Central Plaza Bldg. IndeRgndence. OR, S re Wnrk & Buildin s Construction 1,515,724. Portland Public Schools Boise Early Childhood Bldg. F:O.Box- 1 Alterations Eugene/Springfield MWMC Terry Street Pump Statio Sewage Pumping Springfield. OR. Stations 1,320,800, fity `of Cottage Grove Schedule A Sewage Treat- Sewage Treatment Cottage Grove Im roy tri-Met, 421 S.W. 5th Ave. Ruby Junction Maintenanc ldg. Pgrtland, OR, rn� f-17on ru faterpillar Tractor Co. Towmotor Corp. Bldg. C ldg. - onstru &Ign 1737 700. EThe Seven-up Co. Oregon Freeze Dry Foods ldg. inn St. Louis; ° tillsboro/Forest Grove/ , 20.0 MG Spring Hill ater Reservoirs .099,900, eaverton Joint Water Co .RtscrV0ir 10ity of Beaverton 5.0 MG Sexton Mtn. iter Reservoirs 4950 r, I IistlI QR JQJary ifity of Albany Secondary Sludge Thickene SewaBe Treatmen I Oregon State University Crop Science Bldg. ldg. I lectern Oregon State College OCE Field House ldg. ion 8O1 997. 1,;hemeketa Community ColleEe Physical Education ldg. Facility 12n Iftate of Oregon Correction31ndustrial & Vocation 1dg. 1�.S.D.A. NationalGermplasm11 g. ReLpos tory onstruction ,282.713. 1 o se Cascade Corp. Lime Kiln & Recausticixi Bldg. ortland OR. Improvements onstruction 1,010 236. 1$Oregon State Unviersity Veterinary Medical Teach gi,Bldg. Corvallis OR. Hos ital (OSU onstruction 5.146.000* Iregon State University Gilbert Hall Addn. ldg. Corvallis OR.- onstruction 081 000. 2 lty ;of Salem Chemeketa Purkade ldg. Salem OR. Parking Structure onstruction 353,000. ZEhemeketa Community CollegeHealth Science Center ldg. alem OR. Phase IV onstruction 058 000. 2 inn Benton Community Takena Hall ldg• tolle e,- Alban OR. '; Multi-Purpose Bldg. onstruction 150 700. 5 s BIDDER'S EXPERIENCE QUESTIONNAIRE-Continued 9 list the following additional information for projects listed under item 8. (Use same line No.as in opposite page) Date of Completion1-ocation of W , Surety Company Architects or if completed) Work if Project Bonded Enrineering Firms Industrial Indemnity Robert Meyer, 4805 SW 643-7531 -1 Forest Grove, OR. P Co. of the Griffith,Beaverton 97 05 Richard'Ehmann, 6775 " 111th 2 Independence, OR. P " Beaverton 97005 644 4222 Arden Newbrook, 3933'EW Kelly 3 Portland, OR. p " Portland 97201 222-4470 BCS, 132 E. Braodway, Eugene 4 Eugene, OR. P " 97401 683- 1500 United States Fidelit Sinclair Engineer, 32 S 6th 5 Cottage Grove OR. P and Guarant Co. Cotta a Grove 97424 42-0126 12-83 Gresham, OR. p " Zimmer, Gunsul; Frasc 320 SW b o 0 24-3B60 Lyle V. DeWitt, 7 7-82 Dallas, OR. P Decatur. 11.1. 217 42 4493 Settecase, Smith & Do 8 1-82 Albany, OR. P 725 Commercial SE,Salem 97301 Straam Engineers, Box' 9 7-82 HIIIsboro, OR. l.' 02201 , Portland 97202 234-0721 10 7-81 Beaverton, OR. p lot ll 6-81 Albany, OR. p P 12 9--81 Corvallis, OR „ Martin, Schultz & Gey 159 W. Settecase, m t Doss, 725 13 10-80 Monmouth, OR. P " Commercial SE, Salem 581--5151 Cark n & Sherman 7501ront St. 14 3-81 Salem, OR. P . E, Salem 97301 58 4115 15 2-81 Salem, OR. P USDA 16 2-81 Corvallis, OR. P " Oakland, CA. EC, 1750 Skyline 8 v ., Port- 17 6-80 St. Helens, OR. P " land,OR. Settecase, Smith & Doss 18 10-80 Corvallis, OR. P " Salem, OR. 193-80 Corvallis, OR P " Zimmer, Gunsul, Frasc 20 10-79 Salem, OR. p 21 9-79 Salem, OR. P " Carkin & Sherman Jeppsen, Miller & Tob s 22 8-79 Albany, OR. P " .O.Box 747 Corvalli 97330 •Indicate whether:(P')Prime Contractor,(JV)Joint Venture,(Sub)Subcontractor 754-7541 Indicate name,address and phone number including area code. 6` x *��.+a.��An _ - - +—►---...ter.': y ' BIDDER'S EXPERIENCE QUESTIONNAIRE - Continued 10 A. How many years has applicant been in business under present name? 24 years B. Mow many years experience in construction work has applicant had: r (a) As a prime contractor? 24 years(b) Asa subcontractor? What is the construction experience of all Owners,officers,partners and principal individuals in applicanl's organization?Also list any other individuul or organization wix", in any way and to:any extent,controls or influences 1he bidding. Individual's' Present Position Years of Magnitude and In What Name or Office Const. Exp. Type of Work Capacity Dale R. Peterson President 22 Chief Estimator years $40 Million Principal in Char e Project . uper nten ent Edgar-Fennimore ` Superintendent 27 years $30 Million Carpenter/Foreman Alcuin-Beyer Superintendent 17 years $15 Million " Bob Schmidt „ 22 years $10 Million .i�. Dale Meisenheimer " 17 years $10 Million ' Project Manager Est orator Jerry Nash _ 22 years $10 Million Project Manager i. 1 2 Indicate type of all contractors licenses held as required by Oregon statutes. (e.g, Landscape Contractor) 1f n/a General Contractor's License no longer required in Oregon , 13 Following, Macre trey be used for general remarks and explanations pertaining to the foregoing pmegualification statements. (Also explain here any experience claimed which is that of a bualness organization or entity, other than the applicant, including a business entity superseded by the applicant.) f. :T - astill altaa111 — E : 1 4DOes applicant want the material submitted herein deemed to be a trade secret pursuant to paragraphs (16i and;(e) of subsection (1) of ORS 192.5002 (Check one) f$Yes O No 1 5 Ownership and Control (a) List any organization,owned or controlled by the applicars,Its officers,directors,partners and anyone owning at Ieaa I(Vh interea:in the firm.or in which the applicant was or is aan officer.dir"itai or pitrincr,dtitng htisinev.in Oregon under another tiara`.If thine,so static.,.. .. (h) (.ist those individuals, companies or t:%wMatation%owning IWtx nusre of apphcunt'. fine (c) List tilt lather persomel in applicant'- o»'gani7ati4an who have a financial interest in tar %crve a%officers or partners in another firm prequ:dificd to hid in this tic aniuher state. Individual'♦ I'rewitt Ibsitiota r atltct 1 titu Nasitxaa in State of Name air Of ise or Fimis Other FirmW Other Firm i 16 Check thv appropriate b)tuk or blocks identifying applicant [) woman J American Indian Cl Black Alaskan Native: _ a, tEsktmo or Aleuti <. ❑ Hispanic iC]t Nun Minority EJ A%tan Anwrican "ser Instructions n ri g - off now I Ii Have you ever been denied preyualification in this ur any outer if yc%.explain. no Have you ever been dered from hidding On contract.in this or any other staic under any titutc Law or Federal l aw?if yea.explain. lxuo no AFFIDAVIT: STATE OF OREGON ) ) SL County of Marion ) Dale R. Peterson being first sworn, date that 1 am I, PrPuident of the applicant herein and that the statements made in z Title this application are true and i acknowledge that any fare.deceptive or frauciulent statement-,on the application or at a hearing will result in the denial of prequalitication;that should there be any subsequent material reduction in applicant'x ability to carry cwt any project for which applicant desires to submit a bid applicant will give written notice of such change to the designated officer to ten days prior to the bid opening;and that it is understood that such notice may change whom this application is submitted at least the eligibility of applicant to submit the bid. (Signature) President (Title) Subscribed and sworn to before me this y Notary Public My_eommission expires u. 44 MEL- C May 8, 1985 �l�f 4a •,, . ,� McCartney-Johnson General Contractors WASHINGTON COUNTY.OREGON P.O. Box 185 Clackamas, OR 97015 SUBJECT: Notice of Disqualification for Tigard Civic Center Project Mr. Joe Ahsing: The prequalification application received by the City on April 29, 1985 for the Tigard Civic Center does not meet criteria established by the Tigard City Council and you are therefore not a qualified bidder 'for`this project.You are in violation of ORS 279.037 (1) and (c), "A public contracting agency may disqualify any person as a bidder on a public contract if the agency finds, (c) The person does not have key personnel available of sufficient experience to perform the contract." Resolution No. 85-22 passed by the Tigard City Council on -'April 8, 1985, established criteria for prequalifications as provided under ORS 279.039 and Local Contract Review Board Administrative Rule 30.025. Your application is in violation of 3b,: "The contractor shall have a superintendent or a project administrator on the 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. The administration experience shall have involved a contract In excess of ' $500,00J."; and 3c: "The contractor shall have a superintendent on the Tigard Civic Center job site who has been in the employment of the contractor as a superintendent for more than one year from the date of the invitation to bid." You have a right to a hearing under ORS 279.043 and 279.045, copies attached. ORS 279.045 states "Any person who wishes to appeal disqualification as a bidder shall, within three business days after receipt of notice of disqualification, notify the public contracting agency that the person appeals the disqualification." The public contracting agency for the City is Tigard City Council, established by Ordinance No. 85-05. In the interest of time, the Tigard City Council has scheduled on the May 13, agenda, time for prequali€ication appeals. The meeting is at Twality Junior High School, 14650 S.W. 97th Avenue, Tigard, Oregon. The estimated time for appeals is 7:30 p.m. If you plan to attend, please call Joy Martin or Donna Corbet, 639-4171. Attached are copies of Resolution 85-22, which includes the Supplemental Application, ORS 279.037, 279.039,279.043 and 279.045. Sin rely, Robert W. J an City Admi trator cc: City Council City Attorney dc:(081gp) 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 CITY OF TIGARD. OREGON RESOLUTION NO. 85- -L-L- A ZA RESOLUTION ESTABLISHING CONTRACTOR'S PREQUALIFICATION CRITERIA FOR TliE CITY'S CIVIC CENTER PROJECT: REQUIRING MANDATORY PREQUALIFICATION; AND SE MNG THETIMEAND DATE TO RECEIVE THE PREQUALIFICATION APPLICATION. WHEREAS, the City may require mandatory prequalifications for all persons desiring to bid for public contracts according to ORS 279.039 (1) and the Local Contract Review Board Administrative Rule 30.025; and WHEREAS. ORS 279.037 lists reasons for which criteria need to be set that a public contracting agency may disqualify any person as a bidder for a public contract: and WHEREAS. Local Contract Review Board Administrative Rule 30.025 requires the forms to be prescribed by the Purchasing Agent: and WHEREAS, if the City requires prequalification, Local" Contract Review Board Administrative Rule 30.025 states the City shall ,not consider the bid(s) of any prospective bidder not prequalified and m:. WIIEREAS, ORS 279.043 allows any person who wishes to appeal disqualification as a bidder three business days after receipt of notice of disqualification: and WHEREAS, the Tigard City Council finds it necessary and desirable to require prequalifications in order to be assured of the reasonableness of a bid. NOW; THEREFORE, BE IT RESOLVED by the Tigard City Council that: 1. The Tigard City Council acting in compliance with ORS 279.039, City' s - -Local Contract Review Board Administrative Rule 10.025 requires mandatory prequalification for all persons desiring to bid for the Tigard Civic Center construction project. 2. To be considered as a qualified bidder on the Civic Center construction project, the person shall do each and all of the following: a. Complete the entire current form and file a motorized copy with original signatures of Contractor's Prequalification Application Equipment and Expense Questionnaire, last revised 10-93 which is attached as Exhibit A. on or before the time and place given below. b. Complete the Supplemental Prequalification Application an a copy of the form which is attached as Exhibit B with the Application described on 2a above. RESOLUTION NO. 85-.2 3. Page I c. Completed notorized applications must be received by the City - -- - - by 3:00 E- �Ni►11 officQs, 12755 SW Ash, T�ga►rd, Oregon. m. . � aye y 0. >. Appl•'ications •either incomplete 4b7t"$Md' after this time shall not be considered for qualification. 3. Reasons for the disqualification of a prospective bidder for this project are according to ORS270.037. The following standards ' shall apply for determining qualification: a. The contractor shall submit evidence that the contractor can obtain a bid bond, performance bond, and labor and materials bond. The surety bonds shall be with a company approved by the City and shall have a Best's rating of not less than A+. b. The contractor shall have a superintendent or a project administrator on the 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. The administration experience shall have involved a contract in excess of $500-000- c. The contractor shall have a superintendent on the Tigard Civic Center job site who has been in theemploymentof the contractor as a superintendent for more than one year from the date of the invitation to bid. d. The contractor shall have a key person on the Tigard Civic Center ' job with prior experience in formed concrete work and office building construction. Such experience shall have been with a building in excess of $500,000. e, The contractor shall not have a record of repeatedly breaching contracted obligations to public or private contracting agencies. 4. Notsce of the prequalification requirement shall appear with the notice -calling for bid and . shall include the time and place applications must be received. Applications can be obtained at City Nall offices, 12755 S.W. Ash, Tigard. Oregon. PASSED: This day of 1965. ----- r—'City of Tigard ATTEST: Oe y City Recorder - City of Tigard (Thl:pl/0781p) RESOLUTION,NO. 65 Plage i' -4. 1 F. NAM ALL. SUPPLEmrNIAL PR£QUALIFICRT10N APPLICATION TIGARO CIVIC CENTER TO: City Recorder, City of Tigard DATE: 12755 S.W.-Ash Avenue Tigard, Oregon 97223 FROM: bre have received and reviewed the prequalification criteria adopted by the Tigard' City Council and submit the following information as evidence to satisfying the criteria: r_ i, Name and address of the company which will provide the bid bond. performance bond and labor and material bond: Attach a letter from the company stating they will provide the bonds if a awarded the bid and the rating. e , 2. Name of the superintendent to be assigned to the job and the date most recently hired by your company as a superintendent. Name: Date: PREQUALIFICATION SUPPLEMENT PAGE 2 3. List one or more public improvement jobs the above named superintendent has administered in the past five years for a government agency in Oregon - involving a contract in excess of $500,000. Date of Completion Location of Work ' Class of Work Contract Amount 4. Name one or more person to be assigned to the job who have prior experience in formed concrete work and office building construction with the contract in excess of $500,000, Name Location of Work Class of Work Contract Amount -�E S• The following space may be used for general remarks and explanations pertaining to the foregoing prequalification statements. z 3 3 Signature Title , (.M/dcO7®®p) Mining Chapter 279 1983 REPLACEMENT PART Public Contracts and Purchasing PURCHASING AND BIDS AND BIDDING IN 279.332 Contractual provisions for compensation GENERAL when contract terminated due to public interest 279.011 Definitions for ORS 279.011 to 279.061 279.333 "Application of ORS 279.324 t 279.330 279.015 Competitive bidding;exemptions 279.334 %Iaximurn bourn of labor on public con- 279.017 Specifications for contracts;exemptions tracts; holidays; exceptions; liability to 279.019 Exemption procedure;appeal workers 279.021 Preferences;foreign contractor 278.336 Time limitation on claim for overtime; i 279.023 Least cost policy for public improvements; posting of circular by contractor t� costs estimates to budget process; record 279.338 Length of day's labor on public works of costs 279.340 Overtime for labor directly employed by 279.025 Requirements for advertisement for bids local governments 279.027 Requirements for bids 279.342 Exceptions to ORS 279.340 279.029 Award of contract; bond; waiver of toad 279.348 Definitions for ORS 279.348 to 279.363 ` in case of emergency 279.350 Workers on public works to be paid not 279.031 Return or retention of bid security less than prevailing rate of wage; post 278.033 Exemption of contracts from bid security Ing of rates and.band 279.352 Provision in contract for minimum rate of 279.035 Rejection of bids wage 279.037 Disqualification of bidder Certification of rate of wage by contractor 279.354 279.039 Prequalification cf bidders;notification or subcontractor 279.041 Application for prequallficatioa; ciotifaca- 279.355 Inspection to determine whether Prevail tion; investigation. revocation or revi- Ing rate of wage being paid;proceedings cion to require payment of prevailing rate or =_ 279.043 Appeal of disqualification overtime 279.045 Appeal procedure; bearing; costa; judicial 279.356 Liability for violations review 279.357 Exemptions 279.047 Effect of prequalif£cation by Department 279.359 Determination of prevailing rata of wage; 1 of Transportation or General Services providing commissioner with informa. 279.049 Preparation of model rules tion 279.051 Personal services contracts;procedures 279.361 Ineligibility for public contracts for fail- 279.033 Laws not to prohibit participation in ure to pay or post.prevailing rate of affirmative action projects; authority to wage;payroll repor4 to commissioner limit bidding for sfGrmative action pur- 270.363 Notifying commissioner of contract Poe" 279.366 Civil action to enforoe payment of Prevail- 279.055 Local contract review board; creation; ing wage power 279.400 Withholding of retainage . 279.056 When federal law and rules prevail over 279.410 "Retainage" defined for ORS-279.011 to ORS 279.011 to 279.061 279.576 279.061 Limitation on public agency constructing 279.420 Form of retainage public improvement 279.430 Limitation on retainage requirements 279.067 Suit by adversely affected bidder PUBLIC CONTRACTS GENERALLY BONDS;ACTIONS ON BOND 279.310 Definitions for ORS 279.310 to 279.320 279.626 Right action against bead of contractor or subcontractor 279.312 Conditions of public contracts concerning 279.528 Execution and contents of notice of claim payment of laborers and materialmen. 270.536 Action by claimant on contractor's bond Fuadd,,liens con liensas to Industrial Accident and withholding taxes 279.538 Preference of labor and material liens 279.314 Condition concerning payment of claims 279.540 Rights of persons furnishing co teal care and attention to employes of contractor by public officers 279.316 Condition concerning hours of labor 279.542 Joint liability where bond not executed 279.318 Provisions relating to environmental acid 279.576 Progress payments on public contracts; .� natural resources laws and runs;change retainsge;interest;exception;settlement - orders of compensation disputes 279.320 Condition concerning payment for medical care and attention to employee STATE PURCHASING 1 279.324 Definitions for ORS 279.324 l0 279.332 279.7 1.0 Definitions for ORS 279.710 to 279.746 279.326 Agreement to terminate contract 1 279.711 Title to property acquired by state agency 279.328 Extension and campeasatlon when work to be taken in name of state suspended in certain eases 279.330 Compensation when contract terminated 279.712 Department of General Services to Pur- 1099 i r i. 279.031 PUBLIC BUILDINGS PURCHASING AND PRiNT[NG 3 ing a good and sufficient bund for the faithful agency finds: `I h person does not have sufficient i performance of any public contract y O person the contract if a excused. if a declaration of such emergency is financial abilityto pe embers of the bond is required to insure performanceof made and concurred in by all mce a i governing hoard of the public contracting agen- contract, surety bond in the amount and type evidence that the person can aq aired Cy. (Formerly 279.075;1981 c.466 121 eq shall be sufficient to establish financial ability; 279.030 (Amended by 1971 c.659 9t; repealed by i ment 1975 c.771 9331 (b) The person does not have equipment available to I-perform the contract; f 279.031 Return or retention oC bid c The person does not have key personnel security. Upon the execution of the contract available of sufficient experience to perform the and bond by the successful bidder,the bid recon- contract;or ty of the successful bidder shall be returned to (d) The- person has repeatedly breached the bidder.The bidder who is awarded a contract and who fails promptly and properly to execute contractual obligations to public and private the contract or bond shall forfeit the bid security contracting agencies. that accompanied the successful bid. The bid (2)The public contracting agency may make such investigation as is necessary to determine security shalt be taken and considered as ire o whether a person is qualified. If a bidder or 1 dated damages and riot as a penalty for failure of ! romptly the bidder to execute the contract and bond.The prospective bidder fails to sul Y P bid security of unsuccessful bidders may be information as requested by the public contract- returned to them when the bids have been ing agency pursuant to such investigation, such opened and the contract has been awarded, and failure is grounds for disqualification_ shall not be retained by the public body after the (3) Any information voluntarily submitted1 - contract has been duly signed. (Formerly 279.080; by a bidder or prospective bidder pursuant to an t9at c.712 421 investigation under subsection(2)of this section 279.032(tiepsr led 6y 1975 c.771 9331 or in a prequalification statement required by 279.033 Exemption of contracts from ORS 2'9.039 ar in a prequalification request bid security and bond.The director or board submitted pursuant to ORS 279.041 shall be deemed a trade secret pursuant to ORS 192.500 > may exempt certain contracts or classes of con- (1)(b)and (e) if requested by the person submit- tracts from the requirement for bid security and ting the information. (1975 x771 913;1977 C.289 971 from the requirement that a good and sufficient a 1 by 1975 0711331 bond be furnished to assure performance of the 279.0361 contract and payment of obligations incurred in 279.039 1Prequalification of bidders; the performance; provided, however, the public notification. (1) Any public contracting agency contracting agency may require bid security and may adopt a rule, resolution,ordinance or other a good and sufficient performance and payment regulation requiring mandatory prequalification bond even though the contract is of a class ex- for all persons desiring to bid for public contracts empted by the director or board. (1975 x771 111; that are to be let by the agency.The rule,resolu- 1983 c.690 971 tion,ordinance or other regulation authorized by 279.034(Repeated by 1975 c.771 9331 this section shall include the time for submitting cation applications and a general de- prequalif: 279.035 Rejection of bids. The public scription of the type and nature of the contracts contracting agency may reject any bid not in that may be let.The prequalification application compliance with all prescribed public bidding shall be in writing on a standard form prescribed procedures and requirements, and may reject all by the director, bids if in the judgment of the agency it is in the 2 The public contracting agency shall public interest to do so.In any case where colas- within 30 days of the receipt of the prequalifica- petitive bids are required and all bids are reject- tion application submitted pursuant to subsec- ed,and the proposed contract is not abandoned, .ion (1) of this section, notify the prospective new bids may be called for as in the first in- bidder if the prospective bidder is qualified or stance.(1575 e.77t 1121 not, the nature and type of contracts that the 279.036 (Amended by 1969 c.607 91; repeated by prospective bidder is qualified to bid on and the 11975 c.7711331 time period for which the prequalification is 279.037 Disqualification of bidder. (1) valid. If the public contracting agency disquali4P - A public contracting agency may disqualify any fies the prospective bidder as to any contracts f- the cute, resolution, .ordinance or person as a bidder on a public contract if the covered by 1106 Ig1�Ag� z Js_■0® PUBLIC CONTRACTS AND PURCIIASING 279.045 I ify which person.The notice shall state the reasons found other regulation, the notice shall spec st>ective under OILS 279.037 for revocation or revision of subsections of ORS 279.037 the pro bidder failed to comply with.Unless the reasons the prequalification of the person and inform the are specified,the bidder shall be deemed to have person of the right to a hearing under ORS been prequalified in accordance with the applies- 279.043 and 279.045. A revocation or revision tion. does not apply to any contract for which publics- (3} if a public contracting agency subse tion,of advertisement for bids, in accordance with ORS 279.025,commenced prior to the date quently discovers that a person heretofore pre qualified under subsections (1) and (2) of this the notice of revocation or revision was received by the prequalified. section is no longer qualified, the agency .may fied person. [1975 c.771 1t5:'t9T7 revoke the prequalification upon reasonable c•289 53;1981 c.712 14:t983 x690191 notice to the prospective bidder; provided,how- 279.042(t2epe.led by t975 c.771 5331 ever, that such revocation shall be invalid as to 279.043 Appeal of disqualification. ti any contract for which an advertisement for bide An person who wishes to appeal disqualifica- has already been made under ORS 279.025. (1975 tion as a bidder shall,within three business days c.771114-.1977c.289 12;1981 c.71213;1983 e.690 191 after receipt of notice of disqualification, notify 270.040(Repealed by 1975 e.771 1331 the public contracting agency that the person appeals the disqualification. Immediately upon 279.041 Application for prequalifica- tion; notification; investigation, revoca receipt of such notice of,appeal, a public con- tion or revision. (1) When a public contract• of Oregon agency shall which is an agency of the State ing agency permits or requires prequalification of Oregon shall notify the director. If the public of bidders, a person who wishes to prequalify contracting agencyis a political subdivision of ' shall submit a prequalificstion application tto the the state or a public body created by intergovern- ti the mental agreement,it shall notify the appropriate agency on a standard form prescr. board.(1975 c.771 117;1977 e.289,14;1983 c.690 1101 director. )yith' vs after,receipt of a pre- 2T8.o4i(IZe1xa►ed by 1975 c.77t 13x1 qualification application, the ublic contracting . officer shall investigate the prospective bidder as 279.045 Appeal procedure; hearing; necessary to determine if the prospective bidder casts; judicial review. (1) The procedure for is qualified.The determination shall be made in appeal from a disqualification by a public con- less than 30 days, if practical, if the prospective trading agency shall be in accordance with this bidder requests an early decision to allow the tion and is not subject to ORS 183.310 to bidder as much time as possible to prepare a bid 1,550 except where specifically provided by on a contract that has been advertised. In mak• this section. ing its determination, the agency shall only disqualify a person is accordance with ORS (2)Promptly upon receipt of notice of appeal 279.037. It shall promptly notify the person from a public contracting agency as provided for by ORS 279.043, the director whether or not that person is qualified. ector or board shall (2) If the agency finds that a prospective notify the person appealing and the public con- fied, traciing agency of the time and place of the bidder it qualii nature a.,d type of contracts that the person is the notice shall state the hearing.The director or board shall conduct the qualified to bid on and the period of time for hung and decide the appeal within 10 days which the qualification an is valid under the rule, after receiving the notification from the public agency. The director or board shall resolution, ordinance or other regulation. If the contracting agency disqualifies a prospective bidder as to any set Earth in writing the reasons for the decision. contracts covered by the rule, resolution, ordi- (3) In the hearing the director or board shall nance or other regulation,the notice shall speci- consider de novo the notice of disqualification, Cy the reasons found under ORS 279.037 for the the record of the investigation made by the disqualification and inform the person of the public contracting agency and any evidence right fiD a hearing under ORS 279.043 and provided by the parties. In all other respects, 279.041 hearings before the director shall be conducted (3) If a public contracting agency has res- in the same manner as a contested case under sortable cause to believe that there has been a QRS 183.415 (3) to(6) and(8). 183.425, 183.440 subable c l change in the conditions s a pre- and 183.450. Hearings before a board shall be conducted under rules of procedure adopted by qualified person and that the person w no longer the board. qualified or is less qualified, the agency may revoke or may revise and reissue the prequalif- (4) The director may allocate the director's i cation after reasonable notice to the preq Xualified `cost for the hearing between the person apteal- " t 1107 279.047 PUBLIC BUILDINGS PUltCIIASING AND PRINTING aerform Coll- ing the disqualification and the public contract- traIC�or with the ofTransportation to,Department ofIGeneral Ser ing agency whose disqualification decision is vices to perform contracts,that person is rebutt- being appealed. The allocation shall be based ably resumed qualified with any other public upon facts found by the director and stated in contracting agency for the same kind of work. the final order which, in the directors opinion. warrant such allocation of the costs.If the final When qualifying for the same kind of work with order does not allocate the director's costs for the another public contracting agency, that person id as follows may submit proof of such prequalification in lieu such costa shall be paid of a prequalification application as required by (a) If the decision to disqualify a person as a ORS 279,039 (1)or as a request for prequalifica- bidder is upheld,the director's costs shall be paid tion under ORS 279.041 (1). [1975 c.771 its; 1977 by the person appealing the disqualification. c.289 161 (b) If the decision to disqualify a person as a 279.048 Itt"aled by 1975 c.771 1331 bidder is reversed by the director, the director's costs shall be paid by the public contracting 279.049 Model rules. The Attorney agency whose°disqualification decision is the General shall prepare and maintain model rules subject of the appeal. of procedure appropriate for use by all public (5)The decision of the director or board may contracting agencies governing bid procedures, be reviewed only upon a petition in the circuit advertisements, the awarding of bids, retainage,rfor- court of the county in which the director or claims, liens, bid security, payment and pe mance bonds and other matters involving public board has its principal office filed within 15 days contracts.and may devise and publish forms for after the date of the decision.The circuit court use therewith.Before adopting or amending any shall reverse or modify the decision only if it such rule, the Attorney General shall consult finds: (a)The decision was procured by corruption, with the director, the Director of Transporta- fraud or undue means. tion, representatives of county governments, b) There was evident partiality or corrup- representatives of city governments. represents- ( tion b) the part of the director ti board or any of tives of school boards and other knowledgeable persons.11975 071126;1983 c.6901121 its members. _ (c) There was an evident material miscalcu- 279.050 (Amended by 1969 c.349 11; 1971 C.160 11; lation of figures or an evident material mistake repeated by 1975 071 1331 in the description of any person,thing or proper- 279.051 Personal services contracts; ty referred to in the decision. procedures. (1) Public agencies may enter into (6)The procedure provided in this section is contracts for personal services.The provisions of the exclusive means of judicial review of the this section do not relieve the agency of the duty decision of the director or board. The judicial to comply with ORS 291.021 or applicable city or E review provisions of ORS 183.480 and writs of county charter provisions. Each public agency review and mandamus as provided in ORS chap- shall create procedures for the screening and ter 34,and other legal,declaratory and injunctive selection of persons to perform personal services. remedies are not available. (2) The director or board by ordinance, (7) The circuit court may, in its discretion, stay the letting of the contract which is the resolution, administrative rule or other regale' subject of the petition in the same manner as a tion may designate certain service contracts or classes of service contracts as personal service suit in equity. In the event the court determines contracts. 11975 c.771 127; 1979 c.196 12; 1991 x766 11; that there has been an improper disqualification t9sa c.s90 4t31 and the contract has been let, the court may proceed to take evidence to determine the dam- 279.052(Repeated by 1975 071 §331 ages,if any,suffered by the petitioner and award such damages as the court may find as a judg- 279.053 Laws not to prohibit partici- mint against the director or board. in affirmative action projects; The court pation may award costs and attorney fees to the prevail- authority to limit bidding for affirmative y [t975 c.77t lis; 690 1111 action purposes. (1) No provision conta ing Part1977 c.289 15;1983 c. ined [Repeated by 1975 c.771;331 in chapter 771,Oregon Laws 1975,shall be con- 279y. ( strued to prohibit any public contracting body 279.047 Effect of prequalification by from engaging in bidding and contracting prac- Department of Transportation or General tires designed to accomplish affirmative action ' Services. If a person is prequalified with the goals for disadvantaged or minority groups• 110s 5 aw STATE OF OREGON DEPARTMENT OF GENERAL SERVICES Salem, Oregon 97310 ,OF 0 .. 'a g9 CONTRACTOR'S PREQUALI F1CATION APPLICATION Equipment and Experience Questionnaire ADOPTED BY THE DEPARTMENT OF GENERAL SERVICES To Application of McCartney Johnson General Contractors (Name of Applicant) An Individual O A Co-Partnership 93 A Corporation G Joint Venture 0 Member of Joint Venture Q p p I{p�c 18_x, Clackamas. OR 97015 _ fi57-4690 (Address to which all applicant's correspondence is to be mailed) Telephone No. Date Application Prepared April 25, 1985 This Prequalification Application is submitted for the following purpose: (Check one) O This is a prequalification application 0 This is a prequalification applica- for such period of time as designated by tion for the the mandatory prequalification rules Tigard Civic rpnte- t adopted by the Public Contracting (Name of Project) -` Agency. Scheduled bid opening: 05/15/85 (date) Rev.; 10.85,` NEW- t._ I N S T R U C T I O N S Introductory Statement In accordance with the statutes of the State of Oregon, every public contracting agency contemplating receiving -bids for and awarding any contract for a public improvement may require any rning his equipment and experience in prospective bidder to submit a full and complete statement conce constructing public improvements. The application and questionnaire forms which are bound herewith comply with the requirements of be used in determining the qualifications of prospective Oregon Department of General Services rules and must bidders and in assigning limits as to the size and kinds of,projects for which the prospective bidder may submit bids. The applicant should use care and integrity in preparing this 'information. The public contracting k agency may make independent inquiries concerning the contractor's past performance and/or capabilities. F Manner of Preparing and Filling in Forms: This application shall 'include equipmentand' experience information for only the specific single business`organization or entity which is applying for prequalification and which would be the signator on a contract with the public contracting agency. All answers and other entries on the forms, except signatures, should be filled in on a typewriter or 1 printed. To make this possible, the forms may be taken apart by removing the staples by which ;hey are ( � bound. It shall be the responsibility of the applicant to return all pages whether applicable or not. Failure to do so may be grounds for rejection. All answers and entries shall be specific and complete in detail. The prequalif➢cation application shall be signed by the applicant and sworn to as the form indicates. The signatory of the statement guarantees the truth and accuracy of all statements and of all answers to questions. Use of Attachments:_ Schedules, reports and other forms of prequalification statement may be used as attachments to the prescribed form, provided that the information contained therein specifically includes the information required by this form. Place of Submission: Prequalification applications shall be submitted to the designated officer of the public contracting agency. Time of Submission: Each Public Contracting Agency may have specific time requirements for filing applications. The the designated officer of the applicable agency for submission time. applicant should check with (Instructions continued inside back cover) Fiar F--h (U—car Work: k A - Ftrucr the nuaximum dollar amuamt of wawk you arc caruahlc of r•erfcwming. -It Rnlcr the n>:aximum daall;u amraint of work yaar arc goalificd In undcrt;akc in o/hcr %laics t' I:ntcr 11 w• .tauc(s) wlkrc yu;dificd fur tla: amaarnt shown an column 'li'. 1) . Coto the qumber of years of experience in this cla.s of work If nitre scree i% rcyoircd, u%c r+:rgc 10 of dams ;%pplicalion or additional %beet. t (Itishway, Roads, Streets. Airports) U- A Max. Dollar H fatal. Dollar C- S1.410s) FY Yrtr. 1 sc Amount Amount Land Clearing Highways, Roads, Streets and Airports Earthwork, and Drainage Hi`hways, Roads, Streets, and Airport,Runways — Aggregate Crushing Aggregate Bases - Highways, Roads, Streets and Airport' Runways t AsphaltConcrete -Pavement and 8 4 Oiling ';- Highways, Roads. Streets and Airport Runways — Portland "Cement Pavement Highways,' Roads, Streets and 'Airport Runways { `Reinforced Concrete, and Structural Steel Bridges and Grade Separation Structures f Painting Steel Bridges and Grade Separation Structures Miscellaneous Highway Appurtenances (Guardrails, Median Barriers, Curbs, Retaining Walls, Walks. Fences, Riprap) - Signing Temporary and/or - permanent for Highways. Streets and Roads Illumination - Highways, Streets, Roads, Airports, Parks and Rest Areas - Trafrlc Signals Highways, Streets and Roads -- Landscaping Highways, Streets, Roads Parks and Rest Areas (Roadside seeding. lawns. shrubs„ trees, irrigation systems) -i. ulldings - Highways, Rest Areas, Parks <r (Toilets. Bathhouses, nl.; ':Maintenance. Sand Shids) a l } • .i Contlnuad Far F,.rh Lt--. of Wag*:. A - Enter the maximum dollar amount of work you arc cal+ hlc of performing it - Enter the maximum dott:tr :.mount of work you are qualified to undertake to triter C- Enter the statc(s)'where qualified for the amount shown in column 'I!' (�- Enter the numhcr of years of experience in this ela%%Of work. i (Other Public Improvements) d, aA Max, Dollar Qual• Dollar C Stater%) OYcar, Ftp. a Amawnt Amtwnt €` Clas% :Y Sewer Construction w; Sewage Treatment Plants s Sewage Pumping Station v _Water Lines Water Reservoirs Water Tanks Steel, Concrete, Wooden Electrical Wiring Building Construction 500,000 3 X00-000 „O, WA- TD 26 ears 26 Xpars Building Alteration and Repair 3 500.000 2 7@R.000 -.Q$. r ID Demolition and Related Excavation _rnd Clearing - - - a Painting and Decorating " Plumbing —_ }letting - Air Conditioning i Roorna 3 Sheet Metal Work ' Drainage .4 i - ' Well Drilling `} Municipal Street Construction Other �L 2 a 4 �, ��O�Ottl t• Indicate the total amount o: work, expressed In dollars.,which the applicant believes it u capable of at an . . . . . . . . . . = 3,000,000 undertaking y one time: 3 BID AND PERFORMANCE SURETY BONDS: If the contracts for which this prequaiification is sought require bid and performance bonds, the applicant shall state.the name of the agent and name, address and telephone number of the surety company applicant expects to provide the bonds. _Surety CoMRan qcrenr United Pacific Insurance Co Corkery_ & Jones Insurance W 601 Riverside Suite 1060 West 413 4th Avenue SDokane.XA_ 99201 Svokane WA 99264 2f an Oregon corporation. answer this: 5 ' If a eo-partnership,answer this: Date of organization 1980 When Incorporated State whether partnership is general, limited or association. General President If a foreign co-partnership or persons.engaging in business in this -tate under an assumed business name, but not lot Vice President domiciled within this state, stale whether or not such part- nership or business organization has been registered as may Secretary be required in compliance with Chapter 648. Oregon Revised Statutes. 'IYeasurer Name and Address of Partners ( What officers are authorized to Vern McCartney 23150 SE Howlett Road_ execute contracts Eagle Creek, OR 97022 Walt Johnson F 1417 Estates_Road Sg ane} WA 9920 If a foreign corporation, answer this: Name and address of registered agent in Oregon: fn When incorporated _ In what state y Date of authorization to transact business in the State of Oregon Has applicant filed with the Department of Revenue forms required by ORS 279.0217 Yes 0 No Q President 1st Vice President Secretary .a `1 ( What officers are authorized to execute contracts 3 s ' _ a. �r z BIDDER'S EQUIPMENT QUESTIONNAIRE 7 Plants and equipment owned by the applicant• List only major item%. Lump t+rttcthcr %n++ll equipment and I++ul%. �3 i Ate in C:endrtbn quantity. Description and Capacity of Items Yurt 20 Good 2 Ton pi,imp Truck 1 Ton Flatbed 3 Excel. 4 it 'K" Ton III Ck R — n 3, Ton Pickup ;5 Ton-RicktaRn Case- Unil oa er & Tai 5 " e' Trailer " Pneumatic E ui ment Varies n n Form Panels 1 �� n Metal gl ding Are m nt New sc : Framing E ui ment Misc. Small Contracting Equipmenft Case'Aaekhop and _ Total market value of equipment .................................. $ X00 ....... 139.0 Does applicant intend to rent equipment? It so. provide a general description Where available? r i d �trr®r� ICplp ��meremt�#er➢m►a���®� .�_ E BIDDER'S EXPERIENCE QUESTIONNAIRE 1 QQ _.V List mail, projects applicant has undertaken in last five years. 3 (L+st most recent projects first) Contract of Amount g Name of Project Work Namr-•nd Address ! i Portland Adventist Medical All � E. R, Remodel Addition 2 Walla Walla Gen. Hospital C Scanner Addition +, Walla Wdlla, Washin ton Ra.diolo & Ps Remodel 3 ;Mid-Columbia Med. Center C T Scanner d a 1 re on Portland Adventist Medical ++ � PorTowncenter Me i a Ore on n tr 5 Oregon Health Sciences Un; 'gadiolo Remodel Ore on ++ 30 000.00 6 Oregon Health Sciences Uni 'Pa roll Remodel Ore on 90 000.00 n +i 7 'Portland Adventist Medical Alcohol Rehab Center ' a d Ore on +� ++ 928 937.00 � 8 Thomas Deutsch Nt.�rsin Home Addition on a Washin ton 111,646.00 rt Portland Adventist Conval. Remodel 4th & 5th Floors Portland Oregon 10 Portland Adventist Medical Finish 3rd Floor North Win a ++ 421 497.00 land Ore on 259 935.00 11 Portland Adventist Medical n ++ o land Ore on Finish Lower Level North W. f S.D. 3 200 000.00 12 Oregon Conference oHeadquarters Buildin ++ +' Portland Ore on 13 It 15 16 17 18 19 20 21 22 t:a.. --v=.� atttt�attaEtat BIDDER'S EXPERIENCE OUESTIONNAIRE—Conlinued B 1 List the following additional information for projects listed under item B. (Use same line No. as in opposite page) 1; Surety Company AfcbLLectsor •• 4,. tete of completion • tngincetin,c Funt� Location of Work It protect tionded ; (it completed) ' 1P United raci€ic Ins, Petersen/Kolber Portland Oregon 1 2 „ tt 12 30 84 Walla Walla WA P None „ tt 3 ' 11/15/84 The Dalles, Ore o_n P None 4P United Pacific Ins. 06/I5/84 Portland, Oregon S n �� P n tt Chilless/iiielsen 04/10/84 6 03/01/84 n rt P of �t Facilities Planning 3 ti Petersen/Kolberg F z 08/15/84 t. P tt � Wade Maxe 8 ; 06108 83 Lon view Washin ton P E 9Portland, Oregon P None Petersen/Kolberg <03/15/83 1 ptt tt ” " P United Pacific Ins. 03/15/83 12/01/81 tt tt p tt tt tt tt tt P None Balsiger & Shewbridge 12 3/15/81 't 13 14 15 16 17 is 19 20 21 22 k 'Beate whether: (P)Prime Contractor, (JV)Joint Venture, (Sub)Subcontractor x '7 r i• Indicate name, address and phone number irscltadine area code. i ( 6 BIDDER'S EXPERIENCE QUESTIONNAIRE - Continued 10 A. Now many years has applicant been in business under present name? A B, Now many years experience in construction work has applicant had: (a) As x prime contractor? 13 (b) Asa subcontractor? Z3 What is the can�tn+ction experience of ill owners,officers,panncrs and principal individuals in applic:+nt's organiralion?Also list any other individual ax organization who, in any way azul to any extent, controls or influences the hi I ing. Years of Magnitude and In What Ind'ividual's' Present Position a of Work Capacity Name or Office Const. Exp.3jeX Type n McCartney Owner/Partner 27 All Phases _ Su t. & Contracto Walt Johnson Owner/Partner14 All Phases Supt. & Contracto 1 2 indicate type of all contractors licenses held as required by Oregon statutes. (e.g. Landscape Contractor) OR #40600 1 3 Following space may be used for general remarks and explanations pertaining to the foregoing prequalificaGon statements: (Also explain here any experience claimed which is that of a business organization or ent4y. other than the applicant, including a business entity superseded by the applicant.) o� ' itted herein deemed to be a trade secret pursuant to paragraphs (b) 1�TDoea applicant want the material subm and (e) of subsection (1) of ORS 192.500? (Check one) O Yes ® No 1 5 Ownership and Control 1 fn) l j.%t slay erganirstion,owned or controlled by the applicant,its officers,directors,partncra and anyone owning at least 10`70 interest in ' the firm,or in which(hc applicant wnc or is an officer,director or partner,doing business in Oregon under:mother name.If none,so slate. None (h) I.sl (horse individuals, companies or corporations owning IVAi or more of applicant's firm. Nqne (c) (.ist all other personnel in applicant's organization who have a financial interest in or serve as officers or partners in another firm prequalified to hid in this or another slate.' individual's Present Position Other Firm Position in State of N•me or Office or Forms Other Finn(s) Other Firm None 16 Check the appropriate block or blocks identifying applicant. ❑ Woman ❑ American Indian ❑ Black - ❑ Alaskan Native (Eskimo or Aleuts ❑'Hispanic M Non Minority ( ❑ Asian American s al i I Hnve you ever Leen denied txegwlifical;on in this or any other Rate? If yex,Captain. NO i Have ymo ever been debarred from bidding on contracts in this or any other state under any Stale Law or Federal taw?If yes,cxpl:ain. N0_ - i 1 AFFIDAVIT; STATE OF OREGON ) a& County of C3 syckamast ) I. Walt Johnson __ — _being first sworn, state that I am Owner/Partner of the applicant herein and that the statements made in Title this application are true and I acknowledge that any false,deceptive or fraudulent statements on the application or at a hearing will result in the denial of preyualification;that should there be any subsequent material reduction inipplicant's ibility to eirry obit any project for which applicant desires to submit a bid applicant will give written notice of such change to the designated officer to ' whom thk application is submitted at least ten days prior to the bid opening;and that it is understood that such notice may change the eligibility of applicant to submit the bid. ' Signature) Owner/Partner , $ S (Title) Subscribed and sworn to before the this �'4 day of �� - 19 a t2aa --- t Notary i'u6 �� My commission expires 3 I N S S R U C 3 1 d N S -Continued Appeal Due to Denial or Revocation of prequalification: 1 In case a coatraetor,s application for prequalification is denied or in case an existing prequalificrtiau is revoked, the contractor may appeal the denial or revocation in accordance with the rules adopted by the Department of General Services. Notification of Action Taken: The applicant will be notified.- in writing. of the action on his application. tie will then be alloyed to bid on such projects as are within the limits of size and kind of work for which he has been declared qualified. Period During Which a Qualified Bidder Remains Qualified: A prospective bidder who has been notified of prequalification for projects of a given size and kind will usually remain ,qualified until the date specified in the notification. The public contracting agency may limit prequalification approval to individual public improvement projects. Unless such bidder-is otherwise notified by the public body he will be permitted to sbuoentitbids from anyand to timeprojects require newsaid orkind r=viand s d size for which bids are to be received. The public y prequalification applications and have them approved prior to allowing a bid. Requirement of Continuing Prequalification: ho Prospective bidders who have once been q�nrf standing died n arean aequiredency �to'nsubm prequalification anewappl caand tion desire to maintain an uninterrupted prequalificatr g gent upon favors�ble action on periodically as required by such agency. Uninterrupted 'prequalification is contin the application A prequalification may be revoked under the provisions of ORS 279.039. - Changes: tReeuests for revision of the prequaiification standing of any prospective bidder will be considered whenever the bidder can make a showing of materially improved ability. but not more often than once in three months. Each such request must be accompanied by a new prequalification application. With or without a request from the bidder, the prequalification limitation on class of work or size of project may be reviewed and•increased or decreased as found appropriate. The prequalified prospective bidder will be notified in writing of any such revision. Confidential Information: , The information furnished inthe prequalification application will be treated as confidential information if so requested by the applicant. If so requested in item 14 of the application, contents of the application will not be disclosed to the public except upon the written order of the person or persons furnishing the saint or upon an appropriate order of a court of competent jurisdiction. Joint Venturer A public contracting agency may adopt special requirements concerning joint ventures. Before ective bidder should ascertain if special instructions are submitting _a joint •venture application, a prosp applicable and obtain them from the designated public officer. t fi SUPPLEMENTAL PREQUALIFICATION APPLICATION TIGARD CIVIC CENTER TO: City Recorder, City of Tigard ©ATE: April 95, 1()R5 12755 S.W. Ash Avenue Tigard, Oregon 97223 FROM: -- McCartney Johnson General Contractors P.O. Box 185 Cia k masa OR 97015 We have received and reviewed the prequalification criteria adopted by the Tigard City Council and submit the following information as evidence to satisfying the criteria: 1. Nameand address of the company which will provide the bid bond, performance bond and labor and material bond: United Pacific Insurance Co. W. 601 Riverside, Suite 1060 Spokane, WA 99201 Attach ' a letter from the company stating they will provide the bonds if awarded the bid and the rating. 2. Name of the superintendent to be assigned to the job and the date most recently hired by your company as a superintendent. Name: Ray Berg or Lynn Storlie Date: Currently Working PREQUALIFICATION SUPPLEMENT PAGE 2 3. List one or more public improvement jobs the above named- superintendent has administered in the past five years for a government agency in Oregon involving a contract in excess of $500,000• Date of Completion Location of Work Class of Work Contract Amount NONE H N. 4. Name one or more person to be assigned to the job who have prior experience in formed concrete work and office building construction with the contract in excess of $500,000. NameLocation of Work Class of Work Contract Amount Tim Tuini.nga' Portland, Oregon Concrete Work $ 510,000.00 } S. The following space may be used for general remarks and explanations pertaining to the foregoing prequalification statements. s x ` Signature Title Owner/Partner' i -x_ MEMORANDUM CITY OF TIGARD, OREGON TO: Board Chairman & Members May 13, 1985 FROM: Loreen Wilson, Deputy Recorder SUBJECT: Marion Construction Company Appeal Withdrawal On Friday. May 10, 1985, at 2:00 P.M., Ms. Sandra White of Marion Construction Company, Inc. advised me via the phone that they wished to withdraw their appeal of the disqualification for the 'Civic Center Project. Their company will not be at the appeal hearing this evening before your board. With the other jobs they are currently involved with, this project would be, in their opinion, too heavy a workload at this time. Ms. White expressed their interest in bidding again on any future jobs for the City. lw!?775A - l Ail MEMORANDUM t CITY OF TIGARD, OREGON TO: Local Contract Review Board Chairman 6 Members MAY 13, 1985 FROM: Joy Martin, Administrative Assistan m /f�W SUBJECT: McCartney-Johnson General Contractors Disqualification Appeal Record of Investigation On Monday morning, May 9, 1985, I started to review the prequalification applications which were received at that time. Each application was reviewed according to the criteria established in Resolution No. 85-22. The criteria and the rating given on each for the McCartney—Johnson application are listed below- 0 2a "Complete the entire current form and file a notarized copy with original signatures of Contractor's Pregualification Application Equipment and Expense Questionnaire, last revised 10-83 which is attached as Exhibit A, on or before the time and place given below." Finding: The correct applicationwas received prior to the closing, complete, notarized and with'original signatures. Rating: Requirement satisfied, 0 2b "Complete the Supplemental Pregualification Appl'cation an a copy of the form which is attached as Exhibit B with the Application described on 2a above." Finding: The Supplemental Prequalification Application was completed and received with the Questionnaire. Rating: Requirement satisfied. 0 2c "Completed notarized applications must be received by the City Recorder at City Hall offices, 12755 SW Ash, Tigard, Oregon, by 3:00 P.M. . P.D.T. , Monday, May 6, 1985. Applications either incomplete or received after this time shall not be considered for qualification." ``- Finding: The completed notarized applications were received prior to 3:00 p.m. Monday, May 6, 1985. Rating: Requirement satisfied. 0 3a "The contractor shall submit evidence that the contractor can obtain a bid bond, performance bond, and labor and materials bond. The surety bonds shall be with a company approved by the City ,and shall have a Best's rating of not less than A+. Finding: The surety 'company of United Pacific Insurance Company was named in both applications. I did no further investigation. . Page 6 o the Questionnaire lists this company on all jobs bonded. Rating: _::^ ' n5:`, Requirement satisfied. mm a or project 0 3b "The contractor shall have a superintendent administrator on the site who has prior experience in E administering a public improvement contract for the State of Oregon, a city, a county, a special service district or one of its otherpolitical subdivisions within the past five' years. The administration experience shall have involved a contract in excess of $500,000." tal application showed "NONE" for question ##3 Finding: The supplemen PP referencing public improvement jobs their superintendent has administered. - I called the applicant on Monday, May 6, to clarify at which time I was told their firm has performed work at the Oregon Health Sciences University, but not totaling $500,000. Also another person on staff has experience on public contracts. Rating. Fails to satisfy requirement. Discussion: The reason for this requirement is to show experience in administering contracts which must comply with the Davis--Bacon Act. This relates to ORS 279.037(la) "The person does not have key personnel available of sufficient experience to perform the contract." 0 3c "The contractor shall have a superintendent on the Tigard Civic Center ,job site who has been in the employment of the contractor as a superintendent for more than one ;year from the date of the invitation to bid:" Under Question #i2 of the Supplemental, the applicant did not Finding: I indicate how long the named superintendent has been in their employ. called the applicant on Monday. May 6, to clarify. I was told they may have to change the person to be assigned to the job. Rating: Fails to satisfy requirement. Discussion: The reason for this requirement is to have someone familiar with the firm's policies and procedures, keeping in mind the tight schedule for the job. This again relates to ORS 279.037 (la), "The person does not have key personnel available of sufficient experience to perform the contract." 0 3d "The contractor shall have a key person on the Tigard Civic Center job with prior experience in formed concrete work and office building construction. Such experience shall have been a building in excess of $500,000." Finding: On question ##A on the Supplemental, the applicant named Tim Tuininga with experience in excess of $500,000. Rating: Requirement satisfied 0 3e "The contractor shall not have a record of repeatedly breaching contracted obligations to public or private contracting agencies." Finding- No investigation on this requirement. r :_. - 1w/2776A LOCAL CONTRACT REVIEW BOARD CITY OF TIGARD, OREGON .p FINAL ORDER NO. 85-01 FINAL ORDER REVERSING THE DECISION TO DISQUALIFY THE MC CARTNEY-JOHNSON GEN- ERAL coNrRACTORS AS BIDDERS FOR THE TIGARD CIVIC CENTER PROJECT, & DIRECTING THE PUBLIC CONTRACTING AGENCY OF THE CITY OF TIGARD TO PAY DIRECTOR'S COST. WHEREAS, the City of Tigard, in Resolution No. 85-22, adopted a set of criteria to apply to prequalification applications to determinewhether or not a person is qualified to bid on the Tigard Civic Center project; and WHEREAS, McCartney-Johnson General Contractors filed the necessary supple- mental prequalification application and questionnaire within the time requirements; and WHEREAS, the local contracting agency found McCartney-Johnson General Contractors failed to demonstrate the level of experience required in Resolution No. 85-22 to, perform the contract; and WHEREAS, McCartney-Johnson General Contractors filed their intent to appeal the disqualification finding before the Local Contract Review Board. NOW, THEREFORE, THE LOCAL CONTRACT REVIEW BOARD MAKES THE FOLLOWING FINDINGS OF FACT IN THIS CASE. 1. At the hearing on May 1.3, -1985 of the Local Contract Review Board, ad- ditional evidence was submitted. �. 2. The Local Contract Review Board found the organization is able to provide the skills required under 3b of Resolution No. 85-22. 3. The contractor has completed many jobs greater than $500,000. 4. The contractor demonstrates experience in complying with state and federal regulations related to hospitals and medical centers. 5. The complexity of the regulations for medical facilities were found to be comparable to those required for public construction projects. 5. The superintendent to be assigned to the job has been with the firm since 1979. NOW, THEREFORE, THE LOCAL CONTRACT REVIEW BOARD HEREBY ORDERS THAT: 1. The decision ` to disqualify McCartney-Johnson General Contractors as a bidder for the Tigard Civic Center Project is reversed and they shall be allowed to participate as a'bidder on the Project. 2. The Contract Review Board Director's costs for the appeal shall be the responsibility of the contracting agency. ; PASSED: This 13th day of May, 1985. i Contract Review Board Chairman ATTES .. AA eputy City Recorder x LOCAL. CONTRACT REVIEW BOARD FINAL ORDER N0. 85--01 4' l t = SUPPLEMENTAL PREQUALIFICATION APPLICATION TIGARu CIVIC CENUER TO: City Recorder. City of Tigard GATE: May 1A 1985 12755 S.W. Ash Avenue Tigard, Oregon 97223 FROM: McCart a/Johnsaa Contractors P.O. Box 184 We have received and reviewed the pre+qualification criteria adopted by the Tigard `City Council and submit ,the following information as evidence to satisfying the criteria: { 1, Name and address of the company which will provide the bid bond. performance bond and labor and material bond: Fairmont nt W 413 4th St - Spokane WA 99203 Attach a letter from the company stating they will provide the bonds if awarded the bid and the rating. 2. Name of the supeeintendent to be assigned to the job and the date most recently hired by your company as a superintendent. Name: Ray Ber OaLe: t471 IC F PREQUALIFICATION SUPPLEMENT PAGE 2 3. List one or more public improvement jobs the above named superintendent has administered in the past five years for a government agency in Oregon involving a contract in excess of $500,000. Date of Comeletion Location of Work Class of Work Contract Amount 4. Name one or more person to be assigned to the job who have prior experience in formed concrete work and office building construction with the contract in excess of $500.000. . Name Location of Work Class of Work Contract Amount Tim Tuininga Portland, Or Concrete $510,000.00 ,5.. The— following-. space may, be used for- general remarks and explanations pertaining to the foregoing prequalification statements. Signatu Title (.Wdc:0788p) i3, SUPPLFHENIAL PREQUALIFICATION APPLICATION TIGARD CIVIC CENI-ER TO: City Recorder, City of Tigard DATE: May 11- JQAS 12755 S.W. Ash Avenue Tigard, Oregon 97223 FROM: McCartngy./johlsgn •an XaCt 2Xs _ P.O. Box 1$5 CZachama3.Or 97015 We have received and reviewed the prequalification criteria adopted by the Tigard City Council and submit the following information as evidence to satisfying the criteria: 1. Name and address of the company which will provide the bid bond, performance bond and labor and material bond: _Fairmont W 413. 4th St Spokane. Wa 992Q3 Attach a letter from the company stating they will provide the bonds if awarded the bid and the rating. 5 2. Name of the superintendent to be assigned to the job and the date most recently hired by your company as a superintendent. Name:_Rap Bern Da te: gq 3 s PREQUALIFICATION SUPPLEMENT PACE 2 F 3. List one or more public improvement jobs the above named superintendent has administered in the past five years for a government agency in Oregon { involving a contract in excess of $500,000. r Date of Completion Location of Work Class of Work Contract Amount 4. Name one or more person to be assigned to the job who have prior experience in formed concrete work and office building construction with the contract in excess of $500.000. Name Location_of Work Class of Work Contract Amount Tim Tuininga Portland, Or Concrete $510,000.00 S. The following space may be used for general remarks and explanations pertaining to the foregoing prequalification statements. Signature Title (TMrdc:0788p) m CITY OF TIGARD, OREGON { COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 5/13/85AGENDA ITEM #: DATE SUBMITTED: 5/9/85 PREVIOUS ACTION: Adoption of ISSUE/AGENDA TITLE Street Street Vacation process in January Vacation Status Report PREPARED BY: Loreen Wilson REQUESTED BY: Loreen Wilson DEPARTMENT HEAD OK: CITY ADMINISTRATOR POLICY ISSUE City Council initiated street vacations. INFORMATION SUMMARY On January 14, 19£95 the City Council adopted a new street vacation process and ordinance. There has been so much activity in this area, that it seemed appropriate to give an updated report on the status of the process and individual requests. In order to save copies, I will have a wall map available Monday evening showing the exact locations of the requests. { It is important that Council understand that even though staff time is paid by the vacation fees, the time committment involved in the vacation process is excessive. A small vacation request takes a minimum of 35 staff—time hours to process with coordination efforts between Community Development and my office. In other words, with eight active projects someone on staff is working on a daily basis on vacations. Staff is asking for Council direction in developing policy for Council initiated vacations. The Council initiation process only changes two requirements in the vacation process: (1) no petition would be circulated for signature; and (2) surrounding property owners would be notified by mail instead of signing a petition. Staff suggests Council consider initiating vacations that meet the following criterion: o In cases of hardship created by petition circulation (i.e, area in two different counties, area developed commercial with owners located out—of—state, area developed commercial with large corporation signatures required, petitions already in circulation during change in vacation process), and when it is in the City's best interest to vacate. Staff is requesting Council consider support to initiate the vacation request on 4 vacations at this tine. (Areas are marked with * on attached status report.) One of these vacations could be set for public hearing by passing the attached resolution. A brief outline of the process is also attached to assist you in understanding the status of the vacation requests status report. See continuation of staff summary page attached. wow ALTERNATIVES CONSIDERED 1. Indicate support to initiate 4 noted vacations, adopt resolution for a public hearing on 70th & Hampton vacation, and direct staff to prepare resolution to formalize Council policy for initiating vacation requests. 2. Indicate support to initiate 4 noted vacations, adopt resolution for a public hearing on 70th & Hampton vacation, and consider policy issue at later date 3. Indicate support to initiate 70th & Hampton_ vacation and adopt resolution for a public hearing, consider support to initiate other noted vacations and policy issue at a later date. 4. Receive status report 'only at this time. SUGGESTED ACTION Council motion to support Council initiation of 4 noted vacations, adopt resolution for a public hearing on 70th & Hampton vacation, and direct staff to prepare resolution to formalize Councilpolicy for initiating vacation requests. 1wf 2751 A VACATION PROCESS OUTLINE ` Prepetition Conference: Staff meets with applicant and discusses merits of case, staff concerns, process used and approximate costs involved Intent to File Vacation Petition: Applicant files formal "Intent" form with a fee for staff to research feasibility of vacation (i.e. 'write`to utility companies) Development of Petition/Forms Staff, with applicant's input, decides what vacation might be appropriate, what easements may need to be preserved, and prepares the petition and appropriate maps and forms. If Council initiated, only necessary recording documents, other than petition are prepared and given to applicant. Circulation of Petition: Applicant circulates petition and has other necessary documents signed. Filing of Petition & Fees Applicant files petition, other documents and applicable fees. Call For Public Hearing City Council passes resolution calling for a public hearing, Planning Commission and City Engineer prepare reports, public notice goes to paper (surrounding property owners are notified if vacation is Council initiated). Public Hearing & Council Action After Public Hearing Council adopts ordinance and approves necessary documents if vacation is deemed appropriate. Recording Vacation is effective upon recording of the vacation ordinance and other documents at Washington County. ;::' VACATION REQUEST STATUS REPORT LOCATION STEP IN PROCESS CURRENT STATUS SW Katherine St (Greenway) Prepetition Conference No interest after conference by citizen SW 66th & Atlanta Need to schedule Pre- petition Conference Triangle Area Super Blocks Prepetition Conference Staff research SW Ash Avenue--at Fanno Creek Prepetition Conference Wait for formal request from citizen SW 74th Avenue-at Cherry Prepetition Conference Wait for formal request from citizen 99W-at Dartmouth area Prepetition Conference Wait for LID before developer will pursue SW 116th Avenue-near Katherine 'Prepetition Conference Wait for formal request from citizen SW 130th--near Greenway Prepetition Conference Wait for formal request from citizen SW Walnut Place-at 99W Staff ResearchWait for utility comments Council approved to initiate * SW 70th Avenue--at Hampton Call For Public Hearing Staff requests Council initiate SW :4th Avenue--near Cherry Petition & fees filed Staff research & wait for utility comments, Staff MM request Council initiate e SW 122nd Avenue-near Greenway Petition & fees filed Staff research & wait for utility comments, staff requests Council initiate * SW Tigard St.-near Grant Staff requested Staff research, wait for utility comments, Staff requests Council initiate * SW 67th & Clinton Prepetition Conference - Staff research, Staff requests Council initiate lw/2747A Council Meeting May 139 1985 Mr. Mayor and Members of the Councils My name is Geraldine Ball and I have a couple of questions re- garding Item 7 o tonight's agenda. tiff .lslnae�_�nrla.. „ai�ed�-f-�$.f�t�t��d's;►, The first is under Vacation Request Status Report..... The sixth item is listed as 99W at (Dartmouth Area It`in hard to have 99W and Dartwouthj, together since they run parallel and are about eight blocks apart. Do y^u have refei:Enoe to the property that includes the Lee property in the L.I.D. which is off of 99W or do you have reference to the Dartmouth L.D which is now in litigation. The Dartmouth L.I.D. starts at ,. W. 69th. Please make this and your reply part of Item 7 on tonights agenda. The other item is your Resolution in raga rd to vacation of a portion of S, W. 70th. By so doing are you leaving a 40' strip for road azacarsaac instead of the 60' and vby didn't you take it to the next cross street. _V W Please make this part of Item 7 on tonight's s:� , n�luding .-- the Resolution. ..y { imam _p NOTICE OF SW 70TH AVENUE VACATION The Tigard City Council will hold a public hearing on Mondays June 17, 1985, at 7:30P.M. at ,Fowler' Junior High School lecture Room, 10865 SW Walnut Street,:Tigard, Oregon to consider the proposed vacation of a 20' strip of SW 70th Avenue right—of--way at SW Hampton Street in the City of Tigard. Any interested Person may appear and be heard for or against the proposed vacation of said lands. " Any written objection or remonstrance shall be filed with the City Recorder by June 12, 1985 at 3:00 P.M. The vacation request was initiated on May 13, 1985 by the Tigard City Council at the request of Elm Street Investments (Mr. Frederick H. Schriever) to accommodate new site work planned for that area. Said area to be vacated is described as follows: That portion of SW 70th Avenue, being 20 feet wide and 154.42 feet long, and abutting lot 17 of the Beveland No. 2 Subdivision. Said lot is on the corner of SW 70th Avenue and SW Hampton Street in Tigard, Oregon. TT Publish May 16, 23, 30, & June 6, 13, 1985 Please place under City of Tigard logo M; 2500 2400 • 16 29 9101 STREET VACATION FOR >t B 2T SCHRIEVER ., 'T•—r -r 7— 7.7-T _ ���� :+� �� I tl�as•�"Affected" 1 ! property boundary (� 8 (is.71"1614 2 1:231 \„ '• _--Wash. 'Co. Tax " Map 2S1 1AB ! Map 2SI IAA Map Boundaries It ti• it• w 9R 11D' ' tr "Abutting" owners ` Map 2S1 IAD 300 100 s : 25D0 "Affected" owners 9 Z Q 0 a' t19 Iola • •.. f• -1-1 _ ,.�ST R E ET _ .. zoos Q00 � 2800 y zL � '..• � '16 2100 s o 2200 o. 1400 1100 d+RFA'Yo C3� a 1,;� ,'• _ Scale i" 100' 16 a�. 17 S �$ 2 !2 1asj 20 21 22 23 J24 i0 IY ?S at ts• to to, ss • tt ;TPEET 1 a 1 SSM HA; 1bQ(, YL ! t T T T T T ♦ Y l >t T f y T T TO NrIIC 4�.&'5 AIL . 3100 ! H sr 3=0 is as tt ss •�� asl.L 1. ' !` ' .L 36 10 35 i ' r... �._. 34 3 12 X33 _ ) 13 X32 o t }-- _ , is 30. beetmee�arnattl�la.r� M! --� ~'J7 .221 • :� — to•t 2i "TT71 TTTT TTTT - 71 120121 1223 241251 1.1.1 .y; 3 yr - MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council ,�,aa.,� May 8, 1995 FROM William A. Monahan, Director, C�",q) Community Development Department SUBJECT: Evaluation of Hearings Officer Councilor Ima Scott requested that I provide you with a memo reporting on the expenditure of funds to utilize the Hearings Officer, and evaluating the effectiveness. This memo concerns expenditures for the past ten months. However, the evaluation is based on the ,three year period in which we have utilized this process. Functions The Hearings Officer is employed on a contract basis to conduct quasi ,judicial land use hearings on the following matters: Conditional use applications, sensitive lands permit applications, and historic overlay district amendments. The present Hearings Officer, Attorney Beth Mason, conducts hearings where she reviews the staff reports, takes public testimony, makes a tentative decision, if possible, then writes the final order with findings. Staff support is provided in the form of the the written staff report and staff presentation at the hearing. Expenditures — During the past ten months, the Hearings Officer has cost the City the following: July through September — $210, which covered: Conditional Use 2-84 (Hearing on 7/12/84) Sensitive Lands 8-84 (Hearing on 8/23/84) January through March — $110, which covered: Conditional Use 3-84 (Hearing on 2/28/85) Sensitive Lands 1-85 (Hearing on 2/28/85) Evaluation — During the three years in which Attorney Mason has been z Tigard's Hearings Officer, I believe she has established a Memo to Council May 8, 1985 Page 2 reputation as a fair and impartial Hearings officer. I have received only positive comments from participants at hearings conducted before Attorney Mason. In all instances, participants have felt that Attorney Mason has afforded all an opportunity to speak; she has been attentive and interested in knowing all sides to the issue, and she has applied the City's plan and code faithfully. Even as the City's floodplain policy was evolving. Attorney Mason_attempted to enforce the City's conflicting floodplain and greenway policies as best she could. In terms of performance, I rate Attorney Mason's work as excellent. She has created a third level of quasi judicial hearings which commands the respect of the public and applicants. The consistency and fairness which she exhibits is a credit to the City, and has expedited our sensitive lands process. I recommend that the Hearings officer contractual arrangement be maintained. A' return to only two hearings bodies is not advisable. The decisions handled by Attorney Mason should not be handled by the Director, since Director decisions do not involve hearings. on the other hand, these are decisions which are governed by objective standards which often involve engineering calculations. Having one individual evaluate the data is preferable to having 'nine individuals review submittals. (WAM:br/1323P) w'='