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1988 Library/Police Bldg
CITY OF SANDY ELECTRONIC DOCUMENT ARCHIVING COVER SHEET CITY OF SANDY, OREGON FOLDER STRUCTURE _/_; / ~ ~:.i~' A~ ~,/ .(Department) DOCUMENT NAME: DATE RANGE: 1995-2000 1975-1980 1990-1995 1970-1975 ,x//1985-1990 Before 1970 1980-1985 RE~ENNTION: one 10 years 1 year ~ 20 years 2 years Permanent 5 years ._ DISPOSITION OF DOCUMENT AFTER SCANNING: Return to Department _~Store at Recycle HUTCHISON. HAMMOND. WALSH, HERNDON & DARLING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JOHN C HUTCHISON 21790 WILLAMETTE DRIVE JOHN H.HAMMOND, JR. P.O. 80X 648 MICHAEL D. WALSH WEST LIMN, OREGON 97068 TELEPHONE ROBERT D- HERNDON (503) 656-1694 DEANNE L. DARLING September 20, 1988 Mr. Richard D. Roberts Attorney at Law ~ i,i ,:~ Suite 1800 222 SW. Columbia Street T~ CITY 0F Portland, OR 97201-6618 o RE: City of Sandy General Obligation Bond Issue Our File No. 1950.013 Dear Dick: Enclosed please find the Affidavit of Publication in the Daily Journal of Commerce regarding the City of Sandy building bond issue. Sincerely, John H. Hammond, Jr. City Attorney JHH/kt Enclosure (1) Affidavit of Publication cc: ~r. Ken Reinke Acting City Manager HUTC:HI$ON, HAMMOND, WALSH, HERNDON & DAi~_LING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JOHN C.HUTCHISON 2'1790 WILLAMETTE DRIVE JOHN H.HAMMOND, JR. P.O. BOX 648 MICHAEL D. WALSH WEST LINN, OREGON 97068 TELEPHONE ROBERT D. HERNDON (503) 656-1694 DEANNE L. DARLING September 20, 1988 Ms. Catherine Spencer Title officer First American Title Insurance Company of Oregon 310 SW. Fourth Avenue Portland, OR 97204-2376 RE: Your Order No. 475611 Escrow No. 88-10-013 Stone - City of Sandy Our File No. 1950.021 Dear Ms. Spencer: The preliminary title report, as previously issued on August 26, 1988 in regard to the Stone - City of Sandy matter, contains a property description which includes property not to be purchased by the City of Sandy. Surveyors for the City prepared a legal description both of the property to be purchased and of a total boundary description of all property owned by Mr. Stone in the area. Apparently that letter description was the description included in your preliminary title report. Enclosed please find the proper description for the parcel to be purchased. Sincerely, John H. Hammond, Jr. City Attorney JHH/kt Enclosure (1) Revised Legal Description cc: ~r. Ken Reinke Acting City Manager COPT EXHIBIT "A" A portion of Block 8 in the duly recorded plat of "SANDY", and a portion of the .- Northwest One Quarter of the Southwest One Quarter of Section 13~ To%.a]ship 2 South, Range 4 East of the Willamette Meridian in the County of Clackamas and the State of Oregon~ more particularly described as follows: Beginning at a point in the north line of said Block 8 that bears South 88v15'00'' East, a distance of 176.00 feet from the northwest corner thereof; thence South 01°36'~0'' West, a distance of 170o4~ feet to a point; thence South 88o24'05'' East, a distance of 109.11 feet to the west line of that certain tract of land conveyed to Warren E. 'Decker et ux, recorded August 6, 1976, Film No. 76-27123, Deed Records,said County; 'thence North 02°40'10'' East along said west line a distance of 20.60 feet to the northwest corner of the said Decker tract; thence South 86o08'30'' ~East, along the north line thereof, and parallel with the north line of Pioneer Blvd. in the City of Sandy, Oregon, a distance of 50.0~ feet to the northeast corner of said Decker tract; thence North 02°40'10'' East, along the west line of Shelley Avenue, a distance of 151.37 feet to a point of intersection with the north line of said Block 8; thence North 88o15'00`' West', along said north line .a .distance of 162.28 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion described in deed to the City of Sandy, recorded December 16, 1976, as Recorder's Fee No. 76 45014, described as follows: A part of a tract of land in the City of Sandy, conveyed to Gordon and Dorothy Stone, in the Northeast One Quarter of the Southwest One Quarter of Section 13, Township 2 South, Range 4 East of the Willamette Meridian, in the County of Clackamas and State of Oregon, as described in Fee No. 74 8701, Clackamas .County, Oregon Record of Deeds, more particularly described as .follows: Beginning at a point in the Northeast corner of said tract; thence Southerly 150 feet, more or less, contiguous to and parallel with the west line of Shelley Avenue, to a point in the southeast corner of said tract; thence WeSterly 15 feet, more or less, along the south line of the said Stone tract to the point of. intersection with the east building line of an existing concrete~buitding located on said tract, extended; thence' Northerly 150 feet more or less, along the east building line of said concrete building to a point in the south line of Proctor Avenue (Mt. Hood Highway 26); thence Easterly 19 feet, more or less'~ contiguous to a parallel with the south line of Proctor Avenue (Mt. Hood Highway 26) to the northeast corner of said tract, the POINT OF BEGINNING. Together with an easement for ingress and egress purposes being 20.00 feet in width, the centerline of which is more particularly described as follows: Beginning at a point in the east line of Strause Avenue in the City of Sandy, Orego~ that bears South 01°41'~5'' West,' 150 feet fr(~m the northwest corner of said Block 8; thence S6uth 88o20'55'' East, a distance of 176.25 feet to the POINT OF TERMINUS. 9II xo~ '0'~ Xpu~s ~o X~O 012~1~ '~F~C~AL ELECTION ~:EO JU'~ ~o, 1~'~ J,)~ ~ K~U~,~;~, CJUN~Y ~ SUM~IZL T~. ~E~ULT ~F VOTES '~AST aT TH~ ELECTIvN ~' . · " ~ ,.,:.)!COTED * * JUN 2 g 1988 CiTY ,3~ ~A~Y CANDZOAT2 ~E'~S: CANO-~ = JN~ERVOTES CAND-99 = T~AL~ VOTES I ;orm8038-G !Information Return for Tax-Exempt (December 1986)[ Governmental Bond Issues OM. No Department of the Treasury ~' Under Section 149(e) Expires 12-31-89 Internal Revenue Serwce (Use Form 8038-GC if issue price Is under $I00,000.) l~:T~ll Reporting Authority Check box if Amended Return · [] ~ issuer's name 2 Issuer's employer identification number CITY OF SANDY 93-6002250 3 Number and street 4 Report number P. O. Box 1119 G1988 _ 1 B City or town, state, and ZiP code 6 Date of issue Sandy, Oregon 97055 October 21, 1988 I~rrT~ili Type of Issue (check box(es) that applies) 7 Check box if bonds are tax or other revenue anticipation bonds · [] Issue Price 8 Check box if bonds are in the form of a lease or installment sale · [] 9 [] Education .............................. 10 [] Health and hospital ........................... 11 [] Transportation ............................ 12 [] Public safety ............................. 299,459.40 13 [] Environment (including sewage bonds) .................... 14 [] Housing .............................. 15 [] Utilities .............................. 16 [] Other. Describe (see instructions)· IAFTiilII Description of Bonds (d) (e) (f) (g) (a) (b) (c) Stated redemption Weighted Net interest Matur,ty date Interest rate Issue price pr,ce at maturity average maturity Yield cost 17 Finalmaturity . '~0/1/2003 7.00 % 29,724.3.0. 30,000 18 Entireissue..~/~~/////////~/////////////////~. 299,459.40 300,000 9.19 years 6.7625% 6.8726% I~'l~i&'~ Uses of Original Proceeds of Issue (including underwriters' discount) 19 Proceeds used for accrued interest ......... , .............. 119{ 1,097.22 20 Proceeds used for bond issuance costs (including underwriters discount) ........... 20 16,921.02 21 Proceeds used for credit enhancement ......................1121 -0- 22 Proceeds allocated to reasonably required reserve or replacement fund ........... 22 -0- 23 Proceeds used to refund prior issues ...................... 23 -0- 24 Nonrefundin~ proceeds of the issue (subtract lines 20, 21.22. and 23 from line 18. column (c)) . . . 24 282 ;538'38 ~T'~m,a Description of Refunded Bonds (complete this part only for refunding bonds) N/A 25 Enter the remaining weighted average maturity of the bonds to be refunded ......... b years 26 Enter the last date on which the refunded bonds will be called ............. · 27 Enter the date(s) the refunded bonds were issued · ~ ~'l~m,J ! Miscellaneous 28 Enter the amount (if any) of the state volume cap allocated to this issue .......... · -0- 29 Arbitrage rebate: a Check box if the small governmental unit exception to the arbitrage rebate requirement applies ............ b Check box if the 6-month temporary investment exception to the arbitrage rebate requirement is expected to apply ..... [] c Check box if you expect to earn and rebate arbitrage profits to the U.S .................... [] 30 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)(ii) ..... ~ 300,000 31 Pooled financings: N/A a Check box if any of the proceeds of this issue are to be used to make loans to other governmental units I~ [] and enter the amount · b Check box if this issue is a loan made from the proceeds of another tax-exempt issue b [] and enter the name of the issuer · and the date of the issue I~ Under penalbes of perjury. I declare that I have examined this return and accompany~g schedules and statements, and to the best of my knowledge and belief, ~lease they are true, correct, and complete. _ . Here ~"~,g~ture of off,ce, Date · Title For Paperwork Reduction Act Notice, see page ! of the Instructions. Form 8038-G LINDSAY, HART, NEIL ~¢ WEIGLER L~w-x-E RS 1001 FOURTH .~VENUE PLAZA SUITE 1800 JEFFERSON PLACE (SE~IRST B~O.). SUITE a~00 ~ S.W. COLUMBIA ~0 ~ 9TH, SUITE 400 SEATT~, %%kSHINOTON 98154 PORT~D, O~E~N ~7~01' ~ 18 ~ISE, ID~0 8870~ TEL~COPIER [508) ~6-0079 1401 NEW YORK Av~uE, N.W. TEL~ 494-7002 045 CALIPH5 STREET SUITE t200 S~ITE tg00 ~rASHINOTON, D.C. 2000~ S~ F~CIs~, CAM~HIA 94104 November 22, 1988 Ms. June M. Peterson Finance Director City of Sandy P. O. Box 1119 Sandy, Oregon 97055 Re: City of Sandy, Oregon General Obligation Bonds Dear Ms. Peterson: Thank you for returning the IRS Form 8038-G as requested; however, we are returning it to you to be executed. We look forward to receiving it once signed by the Mayor or by you as Finance Director. Feel free to call Dick Roberts or me should you have any questions. Cordially, LINDSAY, HART, NEIL & WEIGLER Carol W. Callaway Legal Assistant Enclosure(s) CWCcwc566 CXT'W~v OF P.O. BOX 116 SAN DY, O R EGON 97055 project File Telephone 668-5533 Location Made by Ck, By Date November 18, 1988 C~'~"YO~ P.O. BOX 1119 SANDY, OREGON 97055 Richard Roberts Telephone 668-5533 Attorney at Law Suite 1800 222 SW Columbia Portland, OR 97201-6618 RE: City of Sandy General Obligation Bond Issue Dear Mr. Roberts: Enclosed is Form 8038-G which you requested. If you should require anything further, please advise. Sincerely, June M. Peterson, Finance Director ® Enc. NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. Form 8038-G I Information Return for Tax-Exempt (December 1986)I Governmental Bond Issues OM. No Department of the Treasury I~ Under Section 149(e) Expires 12-31-89 Internal Revenue Serwce (Use Form 8038-GC if issue price Is under $100.000.) l~rlll Reporting Authority Check box if Amended Return I~ [] ~ Issuer's name 2 Issuer's employer identification number CITY OF SANDY 93-6002250 3 Numberand street 4 Report number P. O. Box 1119 a1988 _ 1 5 C~ty or town, state, ,,nd ZiP code 6 Date of ~ssue Sandy, Oreqon 97055 October 2.l, ]_988 [~rTl'ial! Type of Issue (check box(es) that applies) 7 Check box if bonds are tax or other revenue anticipation bonds 1~ [] Issue Price 8 Check box if bonds are in the form of a lease or installment sale I~ [] 9 [] Education .............................. 10 [] Healthand hospital ........................... 11 [] Transportation ............................ 12 [] Public safety ............................. 299,459.40 13 [] Environment (including sewage bonds) .................... 14 [] Housing .............................. 15 [] Utilities .............................. 16 [] Other. Describe (see instructions)~ IA~-'l~all! Description of Bonds (d) (e) (f) (g) (a) (b) (c) Stated redemption Weighted Net interest Maturity date Interest rate Issue price price at maturity averaAe maturity Yield cost 17 Final maturity . 10/1/2003 7.00% 29,724.30 30,000 18 Entire issue . ~////////~/~//'~~//////////~ 299,459.40 300,000 9.19 years 6.7625% 6.8726% lU~T~lt'I Uses of Original Proceeds of Issue (including underwriters' discount) 19 Proceeds used for accrued interest ....................... ] 19 ] 1,097.22 20 Proceeds used for bond issuance costs (including underwriters' discount) ...........[ 20I 16,921.02 - 21 Proceeds used forcredit enhancement ...................... 21 -0- 22 Proceeds allocated to reasonably required reserve or replacement fund ........... 22 -0- 23 Proceeds used to refund prior issues 23 -0- 24 N~nrefundin~Pr~c~eds~ftheissue(su~tra.ct~ine's2~)~:~1'~22~'a~d:~3ir~n~i~e~8:c~iur~nic))' i i i 24 282,538,38 I~"Ti~'I Description of Refunded Bonds (complete this part only for refunding bonds) N/A 25 Enter the remaining weighted average maturity of the bonds to be refunded ......... I~ years 26 Enter the last date on which the refunded bonds will be called ............. 27 Enter the date(s) the refunded bonds were issued I~ ~ ~'Ti m'l I Miscellaneous 28 Enter the amount (if any) of the state volume cap allocated to this issue .......... I~ -0- 29 Arbitrage rebate: a Check box if the small governmental unit exception to the arbitrage rebate requirement applies ............ b Check box if the 6-month temporary investment exception to the arbitrage rebate requirement is expected to apply ..... [] c Check box if you expect to earn and rebate arbitrage profits to the U.S .................... [] 30 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)(ii) ..... I~ 300,000 31 Pooled financings: N/A a Check box if any of the proceeds of this issue are to be used to make loans to other governmental units I~ [] and enter the amount I~ b Check box if this issue is a loan made from the proceeds of another tax-exempt issue I~ [] and enter the name of the issuer ~. and the date of the issue I~ Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, Please they are true, correct, and complete, Sign Here ~lll~ S,gnat ute of officer Date I~ Title For Paperwork Reduction Act Notice, see page I of the Instructions. Form 8038-G (12-86) Bid Tabulation Opening Date ]]/]7/88 ] :00 p.m. SANDY LIBRARY AND POLICE BLDG. Total Includes Penalty 5% Calendar Days For Bidder Name/Address Bid Sum/Amount Bid Bond : Completion Date :COMMENTS : : ...... : : : : ~ ------~ : 1 : Darrit Construction Inc.:247,124.00: Yes-S6,800.00 : Yes : 105 days from 11/28/88 : : : ...... : : .......... : :-- : : : : 2 : Len Hufford Const. Co. :235,000.00: Yes-S4,000.00 : Yes : January 6, 1989 : with conditions : : ...... : : : : .... : : : 3 : Thomas R. Juhr Corp. :218,000.00: Yes-S4,000.00 : Yes : 45 days from 11/28/88 : with conditions : : 4 : Michael J. Watt, Inc. :214,969.00: Yes-S1,400.00 : Yes : January 6, 1989 : with conditions : : ...... :---- ~ ..... ~ : : 5 : M. Stearns Const. Co. :199,603.00: Yes-$1,700.00 : Yes : January 6, 1989 '.t- : : 6 : Pacific Crest Const. Inc%188,800.00: Yes-S4,500.00 : Yes : 90 days from 11/28/88 : : : ..... ~ : .......... : : : : 7 : : : : : : : : ...... : ..... : : : : : 8 : : : : : : : · . : : : : : : 9 : : : : : : : : ..... :-- : : : : : : : 10 : : : : : : : : ..... :---- : : ---. : : : : 11 : : : : : : : . : : . : : : : 12 : : : : : : : : ...... : :----. : .... : : .... : : 13 : : : : : : : : ...... : :--- : ............ : : .............. : : 14 : : : : : : : : ..... : -----: : ............ : 15 : : : : : : : : ..... . : ----: ..... : ..... Award to: Amount Date: ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 November 9, 1988 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Ken Reinke City of Sandy P.O. Box 116 Sandy, OR 97055 Dear Mr. Reinke: Enclosed are ten (10) additional sets of the subject project drawings as requested for distribution to contractors. Also enclosed are three (3) sets of early sepia prints which have been marked to note the various materials and colors that are proposed for the finishing work. The numbers noted on the drawing prints correspond to the color/material list and Sample Color Boards delivered with these prints. To provide the prints as fast as possible, the prints were hand delivered on November 9, 1988 and this letter will follow by mail. Sincerely, Bruce A. Samuelson, A.I.A. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 November 7, 1988 Project: City of Sandy LIBRARY/POLICE RELOCATION .Mr,. Kgn Reinke City of Sandy P.O. Box 116 Sandy, OR 97055 Dear Mr. Reinke: As we had offered a "guess" cost to your request for the cost to provide the new 1-1/2" water service to the new Library/Police facility to replace the present 3/4" service, we asked the Mechanical Engineer to provide an Estimate of the cost. Enclosed is a copy of a November 4, 1988 letter from Mr. Bob Rohde which indicates that his estimate would be $1,350.000 which is some $450.00 above our quick guess of $900.00. This cost includes new pipe run from the meter under the sidewalk (section to be replaced) and into the building to connect to the new and existing piping in the building. It does not include any cost for the 1-1/2 meter nor line from the meter to the Main water line. An Addendum is being prepared for the inclusion of this work into the Project Bids to be received and will be forwarded as soon as possible. Sincerely, Bruce A. Samuelson, A.I.A. cc: Mr. Bob Rohde NOTICE TO PROCEED TO: Pacific Coas[ ConsLruction DATE: October 28, 1988 22~3 NE 15Th Ave. PROJECT: Roofing and Rela%ed Work - Portland~ OR 97212 Sandy City Hall and Library You are hereby notified to commence WOR~[ in accordance with the Agreement dated October 17 , 1988, on or before 0cLober 27~ 1988 , 1988, and you are to complete the WORK within 32 consecutive calendar days thereafter. The date of completion of all WORK is therefore November 30 , 1988. CITY OF SANDY Title Public Works DirecLor ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by PACIFIC COAST CONSTRUCTION, INC. this! 1st day of NOVEMBER , 1988. Title PRESIDENT proceednot First American Title Insurance Company of Oregon A~ t',s~,'-f d t:,~s',~c~Sg th]Z,le ()f TITLE COMPANY OF OREGON INSURANCE CLACKAMAS COUNTY OFFICES MILWAUKIE OFFICE LAKE OSWEGO OFFICE OREGON CITY OFFICE SANDY OFFICE 16220 S.E. McLoughlin Blvd. 15450 S.W. Boones Ferry Rd. 108 11th Street 38768 Proctor Blvd. Milwaukie, OR 97267-4697 Lake Oswego, OR 97035-3454 Oregon City, OR 97045-0040 Sandy, OR 97055-0444 (503) 653-7000 (503) 635-3665 (503) 668-5243 (503) 668-4161 FAX (503) 654-0308 FAX (503) 636-0871 FAX (503) 656-4615 FAX (503) 668-8851 City of Sandy Date: October 28, 1988 39250 Pioneer Blvd. Sandy, Oregon 97055 ESCROW NO. 8810-013 RE: Stone/City of Sandy In connection with the above numbered Escrow, we enclose the following: ( ) Escrow Closing Statement(s) ( ) HUD Settlement Statement ( ) Our Check No. in the sum of $ ~, [-_ C ( ) ( ) Deed/Contract recorded :": ~.'i records of County, ( ) Mortgage/Trust Deed recorded '['~- po~,.[. records of County, ( ) Note dated in the sum of $ ( ) Title Insurance Policy No. in the sum of $ ( ) Fire Insurance ( ) Bill of Sale ( ) Satisfaction/Deed of Reconveyance ( x ) Assignment of Lease ( x ) Original Lease ( ( ( ) Documents to follow: If you have occasion to call or refer to this escrow, please use the escrow number shown in the upper right hand corner of this letter. It has been a pleasure to have been of se~ice to you in this matter and we trust you will find the enclosed to be in order. FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON Office: Foothills/Sandy Linda S. Whitney, Escrow Off.~cer/ TI ASSIGNMENT OF LEASE The undersigned Lessors, hereby assign all right, title and interest in and to that certain lease dated undated* showing *Commencing April 1, 1986 Gordon E. Stone & Dorothy J. Stone as Lessors and Walter R. Lammers & Kay L. Lammers as Lessees. Dated: October 26, 1988 Gordon E. Stone Dorothy J./S~ne~ FC,RM No. Ri 2~LEASE,.--~USINES$ PROPERTY. .STEVENS-NESS LAW PUB, CO., PORTLAND. OR, g7204 THIS INDENTURE OF LEASE, made and enter_ed into t.~s .............................. day of ....................................... 9 .......... , by a, d ..... ....................................................... h~--:--', .... ,,~ ,~, .... ~ Walter R. Lammers and Kay L. Lammers ............................................................................................................................................................. hereinafter called the lessee, WITNESSETH: In consideration of the covenants, a~,reement~ and stipulations herein contained on the part of the lessee to be paid, kept and faittffully performed, the lessor does hereby lease, demise and let unto the said lessee those certain premise% as is, situated in the City of ......... .S...a...n...d.~. ....................... , County ol ....C._l...a..c-k-a..m..-a...s. ..... and State of ............ Q~K.~!~_Q.D. ............ ., known and described as follows: 2,400 square feet of the Gordon Stone Building located at 38980 Proctor, Sandy, ClackamasCounty, Oregon. To Have and to HoM ~e said ~scHbed premiss unto the sa~ ~s~e for a period ~ ~me commencind with ~..L~....day ~ ...... Alia~E~ ............... ,19 ..... ~.~, and endin~ at mid~ht on ~..~ ...... day ~ ...... ~.~.~ .............. 19....~, at and for a rentM ~ ~.~,~.~....3or ~e whole ~ t~ said ~rm payable ~ ~ money ~ ~e Uni~d Sta~e at ....... ~...~E...S~co~q~]- ........................................................................ , City ~ ....... State ~ ...... .O~o~ ................................ at the foHowind times and in the foIlowinN amounts, t~wit: The sum of $1,300.00 representing the first and last months rent has been paid in conjunction with signing this lease and receipt is acknowledged by the Lessor. Beginning April 1, 1986, and monthly.thereafter, Lessee agrees to pay $650.00 per month for the first 12 months and further agrees to pay $750.00 per month there~ft~runtil this lease is paid in full together with a minimum base rate of $17.70 per month for sewer and water charges. Lessee agrees to pay any increase in said sewer and water charges. In consideration of the leasinl~ of said prent/ses and of the mutual a~reements herein contained, each party hereto does hereby expressly covenant and a~ree to and with the other, as follows: LESSEE'S (1 ~ The lessee accepts said letting and agrees to pay to the order of the lessor the rentals above stated for the full ACCEPTANCE OF LEASE term of this lease, in advance, at the times and in the manner aforesaid. USE OF (2a) The lessee shall use said demised pren3ises during tho term et this lease tor the conduct of the tollowing business: PREMISES Catalog, mail order and retail ......................................................................... and for no other purpose whatsoever without lessor's written consent. (2b) The lessee will not make any unlawful, improper or offensive use of said premises; he will not suffer any strip or waste thereof; he will not permit any objectionable noise or oder to escape or to be emitted from said premises or do anything or permit anything to be done upon or about said premises in any way tendinG to create a nuisance; he will not sell or permit to be sold any spirltous, vinous or malt liquors on said premises, exceptin~ such as lessee may be licensed by law to sell and as may be herein expressly permitted; nor will he sell or permit to be sold any controlled substance on or about said premises. (2c) The lessee will not allow the leased premises at any time to fall into such a state of repair or disorder as to increase the fire hazard thereon; he shall not install any power machinery on said premises except under the supervision and with written consent of the lessor; he shall not store gasoline or other highly combustible materials on said premises at any time; he will not use said prem- ises in such a way or tot such a purpose that the fire insurance rate on the building in which said premises are located is thereby in- creased or that would prevent the lessor, from taking advantage of any rulings ut any agency ut the state in which said leased premises are situated or its successors, which would allow the lessor tO obtain reduced premium rates [or long term fire insurance policies. (2dj Lessee shall comply at lessee's own expense with all laws and regulations o! any municipal, county, state, federal or other public authority respecting the use o! said leased premises. (2e) The lessee shall regularly occupy and use the demised premises for the conduct o! lessee's business, and shall not abandon or vacate the premises for more than ten days without written approval of lessor. UTILITIES (3) The lessee shall pay tot all heat, light, water, power, and other services or utilities used in the above demised premises during the term of this lease. REPAIRS AND (4a) The lessor shall not be required to make any repairs, alterations, additions or improvements to or upon said pres- IMPROVEMENTS ises during the term et this lease, except only those hereinafter specifically provided for; the lessee hereby agrees to maintain and keep said leased premises including all interior and exterior doors, heating, ventilating and cooling systems, interior wiring, plumbing and drain pipes to sewers or septic tank, in good order and repair during the entire term o! this lease at lessee's own cost and expense, and to replace all glass which may be broken or damaged during the term hereot in the windows and doors of said premises with glass of as good or better quality as that now in use; lessee further agrees that he will make no alterations, additions or improvements to or upon said premises without the written consent of the lessor first being obtained. (4b) Tho lessor agrees to maintain in {loud order and repair during the term of ~his lease the exterior walls, roof, gutters, down- spouts and foundations of the building in which the derrdsed premises are situated and tho sidewalks thereabouts ...................................... ................................................................. It is understood and agreed that the lessor reserves and at any and all tlmes shalt have the right to alter, repair or improve the building of which said demised premises are a part, or to add thereto and for that purpose at any time may erect scaffolding and all other necessary structures about and upon the demised premises and lessor and lessor's representatives, contractors and workmen for that purpose may enter in or about the said demised premises with such materlals as lessor may deem necessary therefor, and lessee waives any claim to damages, including loss of business resulting therefrom. LESSOR'S (5) It shall be lawful for the lessor, his agents and representatives, at any reasonable time to enter into or upon said RIGIIT OF ENTRY demised premises for the purpose of examining into the condition thereof, or any other lawful purpose. RIGHT OF (6) The lessee will not assign, transter, pledge, hypothecate, surrender or dispose of this lease, or any interest herein, ASSIGNMENT sub let, or permit any other person or persons whomsoever to occupy the demised premises without the written consent of the lessor being first obtained in writing; this lease is personal to said lessee; lessee's interests, in whole or in part, cannot be sold, assigned, transterred, seized or taken by operation at law, or under or by virtue of any execution or legal process, attach- ment or proceedings instituted against the lessee, or under or by virtue of any bankruptcy or insolvency proceedings had in regard to the lessee, or in any other manner, except as shoved mentioned. LIEN8 (?) The lessee will not permit any Ilea of any kind, type or description to be placed or imposed upon the building in which said leased premises are situated, or any part thereof, or the real estate on which it stands. ICE. SNOW. (83 If the premises herein leased are located at street level, then at all times lessee shall keep the sidewalks in front DEBRIS of the demised premises free and clear of ice, snow, rubbish, debris and obstruction; and if the lessee occupies the entire building, he will not permit rubbish, debris, ice or snow to accumulate on the roof o! said building so as to stop up or obstruct gutters or downspouts or cause damage to said tool, and will save harmless and protect the lessor against any injury whether to lessor or to lessor's property or to any other person or property caused by his failure in that regard. OVERLOADING (93 The lessee will not overload the tloors of said premises in such a way as to cause any undue or serious stress OF FLOORS or strain upon the building in which said demised premises are located, or any part thereof, and the lessor shall have the right, at any time, to call upon any competent engineer or architect whom the lessor may choose, to decide whether or not the floors of said premises, or any part thereof, are being overloaded so as to cause any undue or serious stress or strain on said building, or any part thereof, and the decision of said engineer or architect shall be final and binding upon the lessee; and in the event that the engineer or architect so called upon shall decide that in his opinion the stress or strain is such as to endanger or injure said building, or any part thereof, then and in that event tho lessee agrees immediately to relieve said stress or strain either by reintorcing the building or by lightening the load which causes such stress or strain in a manner satisfactory to the lessor. ADVERTISING (10.) The lessee will not use the outside walls et said premises, or allow signs or devices et any kind to be attached SIGNS thereto or suspended theretrom, tot advertising or displaying the name or business et the lessee or for any purpose whatsoever without the written consent of the lessor; however, the lessee may make use of the windows of said leased premises to display lessee's name and business when the workmanship of such signs shall be of good quality and permanent nature; provided further that the lessee may not suspend or place within said windows or paint thereon any banners, signs, sign-boards or other devices in violation et the intent and meaning of this section. LIABILITY (11) The lessee turther agrees at all times during the term hereot, at his own expense, to maintain, keep in ettect, INSURANCE turnish and deliver to the lessor liability insurance policies in torn; and with an insurer satisfactory to the lessor, insuring both the lessor and the lessee against all liability for damages to person or property in or about said leased premises; the amount of said liability insurance shall not be less than $. _.-L.O..O ~,__0 0_.0....0._0. ............ for injury to one person, $ .3.0..O_.,.O..Q.O_,..O_O. ............... for injuries arising out of any one accident and not less than $ ~J~.,-O.Q.O.,.O 0 for property damage. Lessee agrees to and shall indemnity and hold lessor harmless a~ainst any and all claims and demands arlsln; trom the negligence of the lessee, his officers, a~en~s, invlfees and/or employees, as well as those arisin~ trom lessee's tailure fo comply with any covenant et this lease on his part fo be pertormed, and shall at his own expense detend the lessor a~ainst any and all suits or actions arisin~ out o! such negligence, actual or alleged, and all appeals theretrom and shall satisty and dlschar~e any judgment which may be awarded a~ainst lessor in any such suit or action. FIXTURES (12.) All partitions, plumbinS, electrical wirinS, additions to or improvements upon said leased premises, whether in- stalled by the lessor or lessee, shall be and become a part el the buildin8 as soon as installed and the property et the lessor unless other- wise herein provided. LIGtI? (137 This lease does not 8rant any riShte et access to lisht and air over the property. AND AIR DAMAGE BY (147 In the event et the destruction et the buildln8 in which said leased premises are located by tire or other CASUALTy, FIRE AND casualty, either party hereto may far,gnats this lease as ol the date et said tire or casualty, provided, however, that DUTY TO REPAIR in the event o1 damage to said buildin~ by tlre or other casualty to the extent o! ...... .~0 ....... per cent or more et the sound value el said building, the lessor may or may not elect to repair said buildln~; written notice et lessor's said election shall be 8iven lessee within H/teen days alter the occurrence el said damage; Jt said notice is not so given, lessor conclusively shall be deemed to have elected not to repair; in the event lessor elects not to repair said building, then and in that event this lease shall terminate with the date of said damage; but ii the buildin8 in which said leased premises are located be but partially destroyed and the damage so occasioned shall not amount to the extent indicated above, or ii ~reater than said extent and lessor elects to repair, as atoresaid, then the lessor shall repair said buildin~ with all convenient speed and shall have the ri~ht to take possession o! and occupy, to the exclusion et the lessee, all or any part et said buildln~ in order to make the necessary repairs, and the lessee hereby a~rees to vacate upon request, all or any part et said building which the lessor may require lot the purpose et makin~ necessary repairs, and tor the period el time between the day et such damage and until such repairs have been substantially completed there shall be such an abatement o! rent as tbs nature et the injury or damage and its interlerence with the occupancy et said leased premises by said lessee shall warrant; however, it the premises be but sli~Jhtly injured and the damage so occasioned shall not cause any material interterence with the occupation et the prerrdses by said lessee, then there shall be no abatement et rent and the lessor shall repair said damage with all convenient speed. WAIVER OF (15) Neither the lessor nor the lessee shall be liable to the other tot loss arlsin~ out et damage to or destruction el SUBROGATION RIGHTS the leased premises, or the buildin~ or improvement et which the leased premises are a part or with which they are connected, or the contents el any thereo/, when such loss is caused by any el the perils which are or could be in- cluded within or insured a~alnst by a standard term el tire insurance with extended covera~,e, includln~ sprinkler leakage insurance, it any. All such claims tot any and all loss, however caused, hereby are waived. Such absence el liability shall exlsf whether or not the damage or destruction is caused by the negligence el either lessor or lessee or by any el their respective a~ents, servants or employees. It is the intention and a~reement et the lessor and the lessee that the rentals reserved by this lease have been tixed in contemplation that each party shall tully provide his own insurance protection at his own expense, and that each party shall look to his respective insurance carriers lot reimbursement et any such loss, and turther, that the insurance carriers involved shall not be entitled to subro- ~atlon under any circumstances a~alnst any party to this lease. Neither the lessor nor the lessee shall have any interest or claim in the other's insurance policy or policies, or the proceeds thereot, unless specitlcally covered therein as a joint assured. E:~ilNENT (~7 In case ot the condemnation or appropriation et all or any substantial part et the said demised premises by any DOMAIN public or private corporation under the laws el eminent domain, this lease may be terminated at the option et either party hereto on twenty days written notice to the other and in that case the lessee shall not be liable tot any rent attar the date ot lessee's removal trom the prezxdses. FOR SALE (17.) During the period ot .................. ~.0.....days prior to the date above t~xed tot the termination ot said /ease, the AND lessor herein may post on said premises or in the windows thereo1 signs et moderate size notityin8 the public that FOR RENT SIGNS the prez~ses are "1or sale" or "1or lease." DELIVERING UP ~18.) At the expiration et said term or upon any sooner termination thereol, the lessee will quit and deliver up said PREMISES ON TERMINATION leased premises and all tuture erections or additions to or upon the same, broom-clean, to the lessor or those havin8 lessor's estate in the premises, peaceably, quietly, and in as 8ood order and condition, reasonable use and wear there- et, damage by Hre, unavoidable casualty and the elements alone ezcapted, as the same are now in or hereatter may be put in by the lessor. ADVI?m~XL (1~) Lessee may at their option renew this lease for an COVENANT8 oR additional three year term at a rental value to be EXCEPTIONEI determined by the parties, providing notice o~ the intent to exercise this opiton is given by tenant to landlord prior to 90 days of the termination of this lease. Lessee takes the premises in an "As Is" condition and Lessee agrees to make all internal improvements of the premises. Premises may not be sublet by Lessee without the prior written consent of the Lessor. There is hereby established a base rate for the taxes on the leased premises as that amount billed as Real Property taxes for 1985-1986 by County of Clackamas, and Lessee agrees to pay twenty-two percent (22%) of any increase in said taxes, said increase to be paid on the 15th day of November of each year. There is hereby established a base rate by this lease for insurance premiums on the building in which said leased premises is located in the amount of One Thousand Two Hundred Fifty-seven Dollars ($1,257.00) and Lessee shall pay twenty-two percent (22%) of the insurance premiums over this base rate on the 1st day of April of each year. ATTACHMENT PROVIDED, ALWAYS, and these presents are upon these conditions, that Cf] it tho lessee ~hall be ]n arrears in the BANKRUPT DEFAULT payment ot s~d rent tot a period et ten days alter t~ ~me ~comes due, or (2) il the Issue shall tail or neSlect to do, keep, pertorm or observe any et t~e ~venants and a~ree~ents ~nfalned ~erein on lessee's part to ~ done, kept, perlormed and observed and ~ch de[ault shah continue Jot ten days or more aJter written noti~ o~ such [allure or 8lect shall be 8iven to le~, or (3) i~ the lessee shall be declared bankrupt or insolvent accordin8 to law, or (4) it any a~i~nt les~e's property shall be made ~or t~e bene/~t of creditors, or (5) it on the explrat~on o~ this lease les~e ~aiis to surrender possession said leased premises, then and ~n either or any et said cases or events, the le~or or those havin~ le~or's estate in the premiss, may terminate this lease and, lawJully, at his or their option i~medJately of at any tJ~e t~ereaJter, w~th~t de~and or notice, may enter into end upon said demised premiss and every part thereo~ and repo~ss t~e sa~e as et lessor's Jormer estate, and expel ~id lessee and those clalmin; by, through and under lessee and remo~e lessee's elJects at lessee's ex~nse, torc~bly H n~ssary and store the same, ali without beind dee~ed ~uilty et trespa~ and ~i~hout prejudi~ to any re~dy w~ch otherwi~ ~hg be used tot arrears et rent or pre- ~dln~ breach o~ ~venant. ~eJ~her ~he term]natJon el fh]s lease ~y [or[e;~u~e nor the ta~n~ or ~ecovery o[ possession el the premises shah depr;ve lessor any other ac~on, r~hf, or re~dy a~a~nst lessee ~or possession, rent or da~a~es, nor shall any o~ss~on by lessor to enforce any ~orJe~ture, r~ht or remedy to which lessor ~ay be entel/ed be dee~ed a waiver by lessor o~ the r~ht to enforce the performance o~ aH ter~s and cond]t~ons el ~h~s lease ~y lessee. [n the event oJ a~y re-entry by ]esso~, lessor ~ay ]ease or relet t~e premises Jn whole or in part to any tenant or tenants who ~ay be satisfactory to lessor, Jot any duration, and [or the best rent, ter~s and conditions as lessor ~ay reasonably obtain. ~essor s~aH apply the rent received /rom any new tenant tirst to the cost ot retakin~ and relett~n~ the premises, including remodeHn~ required to obtain any new tenant, and then to any arrears ot rent and tuture rent payable under th~s /ease and any other damages to which lessor may be entitled hereunder. Any property which lessee leaves on the premises alter abandonment or expiration ot the lease, or tor more than ten days after any termination ot the lease by landlord, shall be deemed to have been abandoned, and les~r may remove and sell said property at public or private sale as lessor sees tit, without being liable tor any prosecution therefor or for damages by reason thereot, and the net pr~eeds said sale shah be applied toward the expenses ot landlord and rent as aforesaid, and the balance ot such amounts, ~t any, shall be held and paid to the lessee. BOLDING la the event t~ les~e tor ~y reason ~aH ho/d over alter the e~plrat~on oi thi~ lea~, ~ ~oldin~ over sh~l ~t OVgR be deemed to o~rate aa a renewal or extension ot t~ lease, but ~1 o~y create a te~ trom mont~ to month which may be terminated at w~ll at any time by the lessor. A~ORN~ In ~se ~it or action is instituted to enJor~ compIian~ with any o~ ~he terms, ~venants or ~nd~t~ons ~t th~= FEE~ AND COURT COST8 or fo collect th~ rental ~i~ ~ be~ d~ ~2reund2r~ or ~ny port~on f~reo[, tho ~ p~rtF ~r2es ~o P~F ~ as t~ trial court ~ ad~d~e reasonzb/z ~ ~ttorne~'s lees to be ~Ho~ed the prewaHin~ psrty in mch ~it or ~ction ~nd in thz ew~nt ~ ~ppeal is t~ken Dom ~ny ~ud~ment or decr~ ~ such ~it or ~ctlon, th~ Iozin~ party ~gr2es to p~F ~ [urther su~ ~ th~ ~pp~ll~te court sh~ll ~d~ud~e reasonable ~s prevailing party's ~ttorneF's [~s on ~ch ~ppe~l. les~e sgrees to p~ and discharge ~11 le~or's costs s~d expends, in~udin~ /essor's reasonable attorney's ~ees that shah ari~ lrom zn- Iorcln~ any provision or ~e~ants oi this 1~ ~ though no ~it or ~ction is instltuted. wAIV~ Any ~i~er ~ th~ lessor ol ~ bre~ch ol ~nF co~e~ant here~n contained to ~ kept and performed ~ the le~e sh~ll ~ot b~ deemed or considered ~z ~ conti~in~ ~aiwer, ~d ~lI not operate to ~ or pre~nt the lessor irom declarin~ ~ ~or~eitorz Ior ~ ~c~edin~ breach, either ot thz s~mz condition or cowe~nt or ot~r~i~. NOTIC~ A~F nof~ r~red ~ ~ t~r~ oI th~s 12~ ~o ~ ~ by o~ p~rfy hereto fo fh2 ofh2r or desired 2o fo ~ sh~ll be ~tticie~t ~ in ~ritin~ ~nt~ined in ~ sealed e~elop~, dep~ited in t~ ~. S. Registered Mails ~ith p~t~gz ~,~ ~p~d, ~ . ~.~.d~ ~o~ ~ ~,o~ be~. ~ . ~d~,~d ~o ~ ~o~ ~ ...~.~_..~_..~.~.~.~.~ ............................................... ........... ~~.~.._.0~.~_O~....~.~.0~.~ .................................................................. ~d it intended /or t~e lessee, ~ben 11 ~ddres~d to ~ ~ ......... LZ4.2~....~e~.~e.~....~e.~.~.._~.~.....~._.9.~.O.5~ ......................................................................................................... An~ such noti~ sh~ll bo deemed co~clusi~elF to hawo bee~ delivered to the addre~eo thereo1 [orty-ei~ht hours a~ter tho deposit ~ s~id ~. S. Registered M~ils. HEIRS AND All rights, romedi~s and I~bHit~es here~n ~i~en to or l~pozed upon either o~ tho p~rt~es hereto s~ll exfe~d to, ASSIGN~ to the benefit et and bind, as the circumstance may require, the heirs, exe~tors, administrators, ~c~ssors and, t~ as this lease is assignable by tho term hereol, to the assigns oI su~ parties. In ~nst~n~ th~s lease, it is understood that the lessor or the les~ may be more than one person; that ~ the context so the singular pronoun shall be taken to mean and include the plural, the mas~Hne, the temlnine and the neuter, and that ~enerally all dramatic! ch~es shall be ~ade, a~umed and implied to make the provisions hereo~ apply equally to corporations and to individuals. IN WITNESS WHEREOF, the respective parties have exerted t~s instrument in duplicate on t~s, day and year [irst ~ere~nabove written, any corporation signature bein~y authority o~ its ~ard of Directors. ......... ................................................ } ...... .................... ..... 3' ....... ........ ................ ..... ......................................... ....... .................................... LINDSAY, HART, NEIL & WEIGLER LAWYERS 1001 FOUl/TH AVENUE PLAZA SUITE 1[~00 JEFFERSON PLACE (SEAFIRST ]~LDO.), SUITE 3~00 ~ ~ S.W. COLUMBIA ~50 N. 9TH, SUITE 400 (~0O3 0~3-4711 TELEPHONE (50~) TELECOPIEH (50~) 1~01 N~ YORK AVENuE, N.W. ~EL~ ~'70~ ~5 CALI~ STREET SUITE 1200 SUITE ~00 WASHINOTON, D. C. ~0005 S~ ~CISco, C~I~IA 0410~ October 21, 1988 City of Sandy P. O. Box 1119 Sandy, Oregon 97055 United States National Bank of Oregon 111 S.W. Fifth Avenue Portland, Oregon 97204 Re: $300,000 City of Sandy Clackamas County, Oregon General Obligation Building Bonds, Series 1988 We have acted as bond counsel in connection with the issuance by the City of Sandy, Clackamas County, Oregon (the "Issuer") of its General Obligation Building Bonds, Series 1988 (the "Bonds"), which are dated October 1, 1988, and are in the aggregate principal amount of Three Hundred Thousand Dollars ($3O0,000). We have examined the law, a duly certified transcript of proceedings of the Issuer, prepared in part by us, and other documents which we deem necessary to render this opinion. We have relied on the certified proceedings and other certifications of public officials regarding questions of fact material to our opinion and have not undertaken to verify the same by independent investigation. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the official statement or other offering material relating to the Bonds, except to the extent stated in the official statement, and we express no opinion relating thereto, except to the extent stated in the official statement. Based on our examination, we are of the opinion, under existing law, as follows: LINDSAY, HART, NEIL ~C WEIOLER Legal Opinion Page 2 October 21, 1988 A. The Bonds have been legally authorized under and pursuant to the Constitution and Statutes of the State of Oregon and the Charter of the Issuer. The Bonds are valid and legally binding general obligations of the Issuer. The Issuer has pledged its full faith and credit to the payment of the Bonds. The Bonds are payable from ad valorem taxes which may be levied without limitation as to rate or amount on all taxable property within the boundaries of the Issuer, to the extent necessary funds are not provided from other sources. B. The interest on the Bonds (a) is excluded from gross income for federal income tax purposes and (b) is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, it should be noted that with respect to corporations (as defined for federa~ income tax purposes), such interest is taken into account in determining adjusted net book income (adjusted current earnings for taxable years ending after December 31, 1989) for the purpose of computing the alternative minimum tax imposed on such corporations and for purposes of computing such corporations' environmental tax liability. The opinion set forth in clause (a) above is subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be (or continue to be) excluded from gross income for federal income tax purposes. Failure to comply with certain of such requirements could cause the interest on the Bonds to be so included in gross income retroactively to the date of issuance of the Bonds. The Issuer has covenanted to comply with all such requirements. The Bonds are not "private activity bonds" under Section 141 of the Code. C. The Bonds are "qualified tax-exempt obligations" under Section 265(b)(3) of the Code, and, in the case of certain financial institutions under Section 265(b)(5) of the Code, a deduction is allowed for 80 percent of that portion of such financial institutions' interest expense allocable to interest on the Bonds. D. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. E. The interest on the Bonds is exempt from Oregon personal income taxation. LINDSAY, HART, NEIL ~c WEIGLER Legal Opinion Page 3 October 21, 1988 F. The opinions set forth above are qualified only to the extent that certain rights, remedies and waivers contained in the Bonds and the authorizing Bond resolution may be limited or rendered ineffective by applicable bankruptcy, insolvency, reorganization, moratorium or other laws or judicial decisions or principles of equity relating to or affecting the enforcement of creditors' rights or contractual obligations generally. Respectfully submitted, LINDSAY, HART, NEIL & WEIGLER Ri~ard D~ Roberts CWCcwc1274 First American Title Insurance Company of Oregon IUgCEII:~ NO.: { 2 6 1 4 SANDY OFFICE ~ ~ ~ 0 0 2. 3 ~7~ Proctor Blvd. ~CROW NO. DATE Sandy, OR 97~ ~E~DOF City of Sandy 8 329112.09 RECEIVED FOR Additional Deposit ESCROW OFFICER Linda S. Whitney ORIGINAL - WHITE FILE - PINK ACCOUNTING- YELLOW PAYMENT CHECK ABA *N TYPE NUMBER NUMBER AMOUNT CK 18210 96-218 329112.09 LIN DA S. WHITNEY Branch Manager First American Title Insurance Company of Oregon TIME RECEIVED AFTER HOURS [] 11:25 TI-58 ASSIGNMENT OF LEASE The undersigned Lessors, hereby assign all right, title and interest in and to that certain lease dated undated* showing *Commencing April 1, 1986 (;ordon E. Stone & Dorothy J. Stone as Lessors and Walter R. Lammers & Kay L. Lammers as Lessees. Dated: October 26, 1988 Gordon E. Stone Dorothy J./S~[one THIS INDENTURE OF LEASE, made and enter_ed into this ............................. day ot .................................... , ...... Gordon E Stone anti Dorothy J Stone JY ........ , Dy ancl Detweetl ........................ £ ................................................ '.. ....................................................................... ............ Walter R. Lammers and Kay L. Lammers nereznarrer ca~ea rne ~essor, aha ......................................................................................................................................... .................................................................................................................................................... , hereinafter called the lessee, WITNESSETH: In consideration o! the covenants, agreements and stipulations herein contained on the part of the lessee to be paid, kept and faithfully performed, the lessor does hereby lease, demise and let unto the said lessee those certain premises, as is, situated in the City o! ........ .~...a...1)..d.Y. ......................... County of ....C...~..~):.c...k.~..m...a...s. .... and State o! ......... _Q,r..~StD.[~ .............. known and described as follows: 2,400 square feet of the Gordon Stone Building located at 38980 Proctor, Sandy, ClackamasCounty, Oregon. To Have and to HoM me said desc~bed premiss unto the Mid lessee ~r a ~ of time commencing ~th ~e...~....day of ...... 2~l~L ............... ,19 ..... 8.~, and endin~ at mid~ht on the...~ ...... ~y o! ....... ~.~.~ ............... , 19....~, at and ~r a rental ~ $.Z5.,~..~....Jor the wh~e of the said term payab~ in ~wful money ~ the United Sta~s at ....... AR-..~E...~~ ................................................................... , City ~ ........ ~.~ ................. State o! ...... .0~ ................................ at the follo~ times and ~ me ~Howing amount% m-~t: The sum of $1,300.00 representing the first and last months rent has been paid in conjunction with signing this lease and receipt is acknowledged by the Lessor. Beginning April 1, 1986, and monthly.thereafter, Lessee agrees to pay $650.00 per month for the first 12 months and further agrees to pay $750.00 per month there~ft~runtil this lease is paid in full together with a minimum base rate of $17.70 per month for sewer and water charges. Lessee agrees to pay any increase in said sewer and water charges. In consideration o! the leasinf~ of said premises and of the mutual agreements herein contained, each party hereto does hereby expressly covenant and a~ree to and with the other, as follows: LE~SEE'S (! ~ The lessee accepts said lettin~ end agrees to pay to the order off the le~sor the rentals above stated for the full ACCEPTANC~ OF LEASE term el this lease, in advance, at the times and in the manner aforesaid. USE OF (2al The lessee shall use said demised prenjises durin~ ~he term et this lease lot the conduct el the tollowin~ business: .n£~mss Catalog, mail order and retaxl ......................................................... and for no other purpose whatsoever without lessor's written consent. (2b) The lessee will not make any unlawtul, improper or o[tensive use o! said premises; he will not suller any strip or waste thereot: he will not permit any objectionable noise or oder to escape or to be emitted fro~ said premises or do anythin~ or permit anvthin~ to be done upon or ab~n~t said premises in any way tendin~ to create a nuisance; he ~ill not sell or permit to be sold any spiritous, vinous or malt liquors on said premises, excepting such as lessee may be licensed by law to sell and as may be herein expressly permitted; nor will he sell or permit to be sold any controlled substance on or about said premiss. (2c) The lessee will not allow the leased premiss at any time to tall into such a ~tate et repair or disorder as to increa~ the tire hazard thereon; he shall not install any power machinery on said premises ex.pt under the ~rvision and with written con.at et the le~of; he shall not store ~asoline or other highly ~m5ustible materials on ~id premises at any time; he ~ill not use said prom- i~s in such a way or tot such a purpose that the tire /n~rance rate on the 5uildin~ in whi~ said premiss are lo. ted is thereby crea~d or that would prevent the lessor /rom takin~ advantage el any rulinEs el any a~ency el the state in which ~id lea~d pre~i~s are situated or its suc~ssors, w~'ch wouM allow tho lessor to obt~n redu~d premium rate~ /or Ion~ term fire insurance policies. (2d) Levee shall comply at les~e's own ez~n~ with MI laws a~ re~ulatlons et any municipal, county, state, tederal or other public authority resp~tinE the use et said lea~d premiss. (2el The lessee shall regularly occupy and u~ the demised premises ~or the conduct o~ levee's business, a~d shall not abandon vacate the premises tot more than ten days without written approval et lessor. UTILITI~ (J) The les~e ~all pay tot all heat, light, water, ~wer, and other ~rvi~ or utilltles u~d in the a~ve demi~d premiss durln~ the term et thi~ lea~. REPAIRS AND (4al The lessor shall not be required to make any repairs, alterations, addltlon~ or improve~nts to or upon said prem- IMPROVEMENTS i~s durin~ the term el this lea~, except only th~ hereinalter a~iti~lly provided tot; the lessee hereby a~rees to maintain and keep said leased pre~ses includinE all interior and exterior doors, heating, ventilatin~ and ~olin~ systems, interior wiring, plumb/nE and drain pi~s to sewers or septic tank, in ~ order and repair durin~ the enHre term et this lea~ at lessee'z own cost ~d e=pense, and to repIa~ ali ~lass which may be broken or damaged during the term hereot in the windows and doors el said premises with ~lass et as ~o~ or better quality as that now in u~; les~e further a~rees that he will make no alterations, additions or improvement= to or upon said pre~i~s without the written con. at el the le~or tirst ~in~ obtained. (45) The lessor a~rees to maintain in ~ order and repot durinE the term el this lea~ the ezterior wallz, r~t, ~utters, down- spouts and toundations el the buildin~ in which the demi~d premises ~e zituat~ and the ~dewalk~ thereabouts ...................... .......................... It is understood and agreed that the lessor reserves and at any and all times ~hall have the rilJht to alter, repair or improve the buildln~ ot which said demised premises are a part, or to add thereto and for that purpose at any time may erect scattoldinl~ and ali other necessary structures about and upon the de~i~d premises and laser and ;essor'a repre~ntatives, contractors and work~en ~or that purpose ~ay enter in or about the ~id de~i~d premiss with ~ch ~ater~als as lessor may dee~ n~es~ry theretor, and Issue waives any claim to duresses, includin~ 1~ et bualne~ resultln8 theretrom. t, ESSOR'S (5) It shall be lawIul [or the lessor, his agents and representatives, at any reasonable ti~e to enter into or upon said RI~IIT OF ENTRY demised premises tor the purpose et cxa~ng into the condition thereot, or any other !awlul purpose. RIGHT Of (6) The lessee will not asslg~, transtar, pledge, hypothecate, surrender or dispo~ et this lease, or any interest herein. ASSIGNMENT sub let, or permit any other ~rson or persons who~soever to occupy the demised premises without the ~ritten consent el the lessor bein~ [irst obtained in writing; this lease is personal to said lessee; lessee's interests, in whole or in part. cannot be sold, assi~ed, translerred, seized or taken by operation at ]aw, or under or by virtue o[ any execution or legal process, attach- ~e~t or proceedings instJtuted against the lessee, or under or by virtue o[ a~y bankruptcy or insolvency pr~eedJn~s had i~ r~q~ard Zhe lessee, or in a~y other ~an~er, except as shoved ~entioned. LIENS (7) The less~ will not permit any lien o~ any kind, ty~ or description to ~ pia~d or impend upon the buildin8 in which ~id lea~d premises are situated, or any p~t t~reot, or the real estate on which it stands. ICE. SNOW. (8) Il the premises herein lea~ are l~t~ at strut level, then at all ti~ Issue shall keep the sidewalks in trent DEBRIS el the de'sad premises tree and clear oI i~, ~, ~bbiah, debris and obstruction; a~d it the Issue oc~pies the entire building, he will not permit rubble, debris, i~ or snow to accumulate on the r~t el said buildln8 so as to stop up o¢ obstruct ~otters or downspouts or cause damage to ~d r~I, a~ will ~ve harmless and profit the lessor a~a/ast any injury whether to le~or or to le2sor'e p~operty or to a~y other ~rson or pro~rty cau~d by his tailure i~ that OVERLOADING (9) The tes~e ~ill not overload the [leers oI ~id pgemise2 in ~ch a way as to cau~ a~y undue or ~rlous stre~ OF FLOORS or strain upon the buiIdin~ in which said demi~d premises are locate, or any part thereoI, and the lessor shall have the right, at any time, to call upon any ~mpetent engin~r or architect whom the lessor may choose, to decide whether or not the lloora el said pre~i~s, or any part thereoi, are bein~ overloaded so as to cause any u~due or ~rious stress or strain on said building, or any part thereot, and the decision et said engineer or architect shall be t]nal and binding upon the lessee; and the event that the engineer or architect so caUed upon shall d~ide that in his opinion the stress or strain is such as to endanger injure said buiidinS, or any part thereoI, then a~d in that event the les~e a~rees i~edlately to relieve said stress or strain either by remlorcin~ the buildinj or by li~htenin8 the load which ~usea such stress or strain in a maker satlslactory to the lessor. ADVERTISING (10) The Issue will not u~ the outside walls et ~id premiss, or allow ziSns or dev]~e oI any kind to be attached SIGNS thereto or suspended therelrom, lot advertisin8 of diaplayin8 the ~ame or business el the lea~e or tot any purpo~ whata~ver without the written co~sent o1 the I~r; however, the les~e ~ay ~ake use el the windows el lease~ premiss to dlsplay levee's name and business when the workmanship et ~ch signs shall ~ el ~o~ quality and per~aaent nature; provided turther that the les~o ~ay not ~ad or pla~ within sa~d windows or paint thereon any baa~ers, si~ns, aign-b~rds or other devils in violation o~ the intent a~d ~eanJn~ et this ~tion. LIABILITY (11) The lessee turther aSrees at all ti~s durin~ the term hereof, at his own expe~, to maintain, keep in ettect, INSURANCE turni~ and deliver to the le~or liability i~ra~ ~llcies in /erin aM wJt~ an insurer satislactorF to the inaurin~ both the le~or and tho les~e a~ainat all liability lot duresses to ~r~n or pro~rty in or about said leased premiss; t~ amount et .aid liability i~ran~ shall not bz les, than $ ..lO O+.QQQ_._O.O ....... to~ i.~.~y ~o o~ m,~., $ 3QQ,.O.O Q., 0.0. .......... injuries arisln~ out of any one accident and not le~ th~ $.5~.,-O00.,-Q.Q for oro~rt7 d~o. tess~ a~r~ to and shall and hold lessor harm/ess a~ainst any ~nd all claim., end demands arising trom the negligence of the lessee, his otticer3, agents, invitees end/or employee~, as .'eH a~ thos~- a~is;n~ lr~m /essee's /allure to comply with any co~enant et this lease on his par~ ~o ~ pertor~d, and shall at h~s own e~pense deterge ~he lessor a~alns~ any and all ~ite o~ actions arisin~ out et such negligence, actual or al/e~ed, arid all appeals thereirom and ahall satisfy and discharge any ~da~nf which may be awarded aaainst lessor in any ~ch suit or action. FIXTURES (12) All partitions, plumbing, electri~l wiring, additions to or improve~nts upon said lea~d pre~. whether stalled by the lessor or lessee, shall be and become a part el the buildin8 as e~n as installed and the pro~rty el ~he le~r u~e~ wi~ herein provided. LIGHT (13) This lea~ does not 8rant any riahte el a~ to light and ~r over the pro~rty. AND AIR D~MAGE BY (14~ In the event et the desl~ction et the ~ildi~ in which ~id leased premises are located by tire ~ o~her FIR[~ AND casualty, either party hereto may left.ate th~s lease as off t~ date off ~id tire or ~sualty, provided, however, that D['T~ TO RLI'XlR Jn the event off damage to said building by J/re or other casualty to the extent off .~ _ per ~nt or more off the sound value off said building, the lessor may or may ~ot elect to repair said building; written noti~ off lessor'a ~id election shall be ~/ven lessee within titteen days z~i~cr the ~currence off said damage; ~t said notice is not so ~iven, lessor co~clusively shall ~ doomed to have ele~.te,d not to rep.air; in the event lessor elect~ aot to repair said building, then and in that event this lea~ shall terminate ~ith ~hc date of said damage: but if the building i~ which said leased ~temises are located be but partially destroyed and the damage ~o occa~io~eU st~aH ~or aniount tc the extent indicated above, or iff ~reater than ~id extent a~d lessor e/acta to repair, as affore~id, th~n the lessor s~al/ repair said bu~idJn~ ~sith all convenient speed and shall have the right to take possessio~ off and occupy, ~o the exclusion of the lessee, aH or any part et sa~d building in order to make the ~ecessary repairs, and the lessee hereby aarees to valle upon request, all or ~ry part et said building ~hich the lessor may require tor the purpo~ off makin~ ~eces~ry repairs, and ~or the ~ciod et Dine bet~veen the day off such damage and until such repairs have been ~bstant~aliy completed there shall ~ ~ch abatement off rent ~ the nature of the injury or damage and its intcrleren~ with the occupaacy off said leased premises by said Issue shah ~arramt~ hinderer, it the p~en~ises be but slightly injured and t~e damage so occasioned shell not ~u~ any material interffere~ ~ith the occ~patio~ oi the premises by ~id /es~e, the~ there ~all ~ no abatement off rent a~d the lessor shall repair a~E w~th all convenient speed. ~'A[V~ OF (]5) ~re/thcr th~ ~essor nor the lessee shall be liable to the other tor loss arisin~ out et damage to or destructlo~ el S['I~RO(;ATION RIG[ITS the lea~d p~en~is~.~. (,r th~ buildin~ or improvement el ~hich the leased premises are a part or with ~'hich they are ~c~:,,~t¢ct, ~r l}:~ ((,:~re, z~r~ cf ar~t thereot, t~hen ~uch los~ i~ caused by ary of the ~rils ~hich are or could be c.;uded ~'ithin or insured a~.,'nsr bi, a standard torn: el lire insuran~ ~ith extended coverage, includln~ sprinkler leakage insuran~, an~. Ali such clain~ tar any and a.'~ loss, hinderer caused, hereby are waived. Such absence et liability shall exist whether or not the damnie or destruction is c~used ~' the negligence et either lessor or lessee or by any of their respective agents, servants or employes. It i~ the intention and a~reen:ent cJ the lessor and the lessee that the rentals reserved b~ this lease have been ti~ed in contemplation that each partt she;,~ fully provide his own insuran~ prolectlon al his o~ n expense, and that each party shall 1oo~ ~o his res~ctive insurarme carriers tot reimborsement et an~' ~uch loss, and turther, tha~ the insurance carriers involved shall not be entitled ~o subro- gation under any c;rcumstance~ alainst any parly to this lease. Neither the lessor nor the lessee shall have any interest or claim in the other's insurance poUcy or policies, or the pro~eds thereoJ, unles~ specitlc~Hy covered therein as a joint aasured. EMINENT (]6) in case et the ~nden~nation or appropriation et all or any ~ubstantial part et the said demi~d premi~ by any public or private corporation under the lawa et eminent domain, this lease may ~ terminated at the option el either party hereto on t~enty days ~r/tten nofi~ to the other and in that ~se the lessee ~all not ~ liable tot any rent alter t~ date lessee'~ removal trom the premi~. FOR ~LE (17) During the ~ri~ et _~.0.....deys prior to the date above lized lot the termination el ~id lea~, the AND ......... FOR RENT lessor herein may ~t on said pre~ or in the windows thereot si~n~ et moderate size notityi~ the public SIGNS the premises are "tot sa/e" or "tar lea~." DELIVERING UP (l~ At the expiration et said term or u~n a~y s~ner ~ermlnation tkereot, the lessee will quit and deliver up P~EMISES ON TERMINATION leased p;em]se~ and a~l tutu~e erections or addition~ to or upon the same, broom-clean, to ~he lessor or tho~ havln8 lessor's estate in the premises, peaceably, quietly, and in es ~ood order and condition, reasonable use and wear there- ot, damage by tlre, unavoidable ~sualty and the elemente alone ex.pled, as the ~me are now in or hereatler ~y ~ pu~ in by the le~or. ~nw~o~,~ (~) Lessee may at their option renew this lease for an COVENANT8 og additional three year term at a rental value to be EXCEPTIONS determined by the parties, providing notice of the intent to exercise this opiton is given by tenant to landlord prior to 90 days of the termination of this lease. Lessee takes the premises in an'"As Is" condition and Lessee agrees to make all internal improvements of the premises. Premises may not be sublet by Lessee without the prior written consent of the Lessor. There is hereby established a base rate for the taxes on the leased premises as that amount billed as Real Property taxes for 1985-1986 by County of Clackamas, and Lessee agrees to pay twenty-two percent (22%) of any increase in said taxes, said increase to be paid on the 15th day of November of each year. There is hereby established a base rate by this lease for insurance premiums on the building in which said leased premises is located in the amount of One Thousand ~o Hundred Fifty-seven Dollars ($1,257.00) and Lessee shall pay twenty-two percent (22%) of the insurance premiums over this base rate on the 1st day of April of each year. ATTACIIMENT PROVIDED, ALWAYS, and these presents are upon these conditions, that (1) if the lessee ehall be in arrears in the BANKRUPT DEFAULT payn~ent et said rent tot a period of ten days after the earne becomes duo, or (2) ii the lessee shall tail or neglect to do, keep, parterre or observe any et the covenants and agreements contained herein on lessee's part to be done, kept, pertornmd and observed and such detault shall continue tot ten days or more attar written notice et such tailure or ~]ect shall be given to lessee, or (3) it the lessee shall be declared bankrupt or insolvent according to law, or (4) it any assignment lessee's property shall be made tor the benetit et creditors, or (5.) it on the expiration et this lease lessee tails to surrender possession et said leased premises, then and in either or any el said cases or events, the lessor or those having lessor's estate in the premises, may terminate this lease and, lawtully, at his or their option immediately or at any time thereatter, without demand or notice, may enter into and upon said demised premises and every part thereot and repossess the same as of lessor's tormer estate, and expel said lessee and those claiming by, through and under lessee and remove lessee's ettecte at lessee's expense, forcibly it necessary and store the acme, all s, ithout being deemed guilt)' et trespass and without prejudice to any remedy which otherwise might be used tor arrears et rent or pre- ceding breach et covenant. Neither the tern:traction et this /ease b)' forteitute nor the taking or recovery et possession et the premises shall deprive lessor arty other action, right, or ren~edy aL,,dnst /essee tot possession, rent or damages, nor shai/ an? omission by lessor to eh/orca any torieiture, right or remedy to ~hlcb i,,ssor n,a.~ be entitled be deemed a ~'aiver by lessor o[ the ri~ht to eniorce the pertormance et all terms and conditions c[ this /ease b3 In the event et at~ re-e~tr;~ b~ ~es~or. lessor may lease or relet the pren~ises in whole or in part to a~y tenant or tenants who ~lay be sati~lactor~ to lassoer, t(~r an.~ dutati(,:;, ;~nd tot the Best re,it, term~ arid cc~nditions as lessor may reasonably obtain. Lessor shall apply ~he rent received trom an.~ ne~ ter~r~t first to the cost et retakin~ and re]ettJr~ the premises, includin~ remodelin~ required to obtain any tze~ t~nant, ar~d zI~en tt~an~ arrear~ oi ret~r and iutur~ rent payable under thi~ lease and an3 other damages to which lessor ma~ be entitied hereunder. A~' prop~rt;, ~ ?dc!: lessee lear'e~ r,r~ th,' prernise~ citer aba~dot~ment or expiratJon o[ the lease, or tot niore thar~ te~ days after any te:n,ir;.~tJon oi the iea~e b) landh,rd, sba;! b~, dee~led to have been nband~,:~ed and lessor may remove and sell said ~toperty at public or private sale a.~ ]ess~r sees lit, .it?mut bt in~ h'abic /or i~)' prosecution ther~t~,r et for damages bF reason thereot, a~d the net pr~eeds said sa,~e shah' bt applied to~a:d :he expet~ses el landlord and rent as a~oresi~d, and the balance el such aniuut~ts, it any, shall be held tor and paid to the lessee. BOLDING In the event the Ios~e lot any reason shall hold over alter the exp~r~tion el thi~ lea~, ~ch holdln~ ov~r shall ~o~ OVER be deemed to o~erate a3 a renewal or ezte~sio~ et thia lease, but ~hall o~y create a tenancy Item month to month ~h]ch ~aY ~ terminated at will at any time by the lessor. A~ORNEY In ~so suit or action is instituted to entor~ complian~ w[th any o] the terms, covenants or ~nditions el this lee~, FEES AND COURT COSTS or to collect the rental which may become due hereunder, or any portion thereot, the Iosin~ party a~rees to pay ~m as the trial court may adjudge reasonable as attorney's tees to ~ allowed tho prevailind party in ~ch suit or action and in the event any appeal is taken trom any )udgn~ent or decree in such ~it et action, the losing party agrees to pay such [utther sum as the ap~llate court shah adjudge reasonable as prevailing party's attorney'e [~s on ~ch appeal. The /es~e a~rees to pay and discharge all lessor's costs and expends, including lessor's reasonable attorney's Ieee that shall ati~ lrom [orcin~ any provision or covenants et this lease even thouSh au ~it or action is instituted. WAIVER Any waiver by the lessor et any breach el any ~venant herein contained to be kept and pertormed by the lessee not ~ deemed o~ considered as a continuin~ waiver, and si)all not operate to bar or prevent the lessor /rom declarin~ a torieiture /or any ~c~eding breach, either el the ~me ~ndition or covenant or otherwise. NOTIC~ Any noti~ required by the terms et this lea~ to ~ divan by one party hereto to the other et desired so to ~ ~iven, shall ~ ~tticient it in ,vritind ~ntained in a ~aled envelope, deposited in the U. S. Registered Mails with p~ta~e ~llr prepaid, ,ne ii intended tot the les,or herein then it ~aa~e~sea to s~ia ~,or at ._.4.0_.._.~....5~_G~.O.~ ................... ...... _G_~.~ ~..~.~DD.. ~_~.~ ~.0 ............................................ and it intended tot the lessee, then it addressed to Any such noti~ shall be deemed ~nclusively to have been delivered to the addres~e thereot torty-ei~ht houre alter the deposit thereot in ~id U. S. Redistered Mails. HEIRS AND All rights, remedies and liabilities herein divan to et /m~s~ upon either et the parties hereto shall extend to, inure ASSIGNS to the benetlt et and bind, as the circumstance ~y require, the heir~, eze~tora, administrators, ~c~zsore and, tat es this lease is assidnable by the term hereoJ, to the a~idns et such parties. In ~nst~ing this lease, it is understo~ that the lessor or the lessee may be more than one ~raon; that it the context so requires, the singular pronoun shall ~ taken to mean and include the plural, the mas~line, the [ominine and the neuter, and that deneratly all dramati~l c~ndez shall be made, assumed and implied to make the provisions hereot apply equally to ~r~rations and to individuals. IN WITNESS WHEREOF, the respective parties have executed t~s instrument in duplicate on t~s, th~ day and year [irst ~ereinabove written, any corporation signature being by authority o[ its ~ard o[ Directors. ...... .,~. ..... & ........ ~ .............. , ......:...~..~.~:.2..L.~.~....L...: .................. .... ~' v · ~.. . ~ .... ~~..~.~ ...... ; ..... ~:~..~-~.=:~ ................... ~5.~.~.~.~ ............. x.~.L...i.~.~x~.x..~ ......................................... ~. ~ .................................... ESCROW NO. 8810-013 Page 2 You are authorized and instructed to issue the specified title Insurance policy or policies, in the specl- fled amounts, to-wit: OWNER'S $ 322,500.00 MORTGAGEE'S $ ,. PURCHASER'S $ ALTA MORTGAGEE'S $. Showing title vested in: City of Sandy, An Oregon Municipal Corporation Insuring the interest of same free and clear of encumbrances, except building and use restrictions, easements, zoning and building taws and ordinances, if any, printed conditions and exceptions contained in form of title insurance policy herein provided for, and exception 4 as 'it pertains to lease for Sears store ,'" You are to prorate as of the following date: November 1, 1988 . Please refer to the closing statement attached hereto. The above date is: ( ) pursuant to the earnest money agreement dated (x)thereby amending the earnest money agreement dated 9/27/88 Miscellaneous Instructions: Buyer and seller herein acknowledge having reviewed and approved the calculations for the estimated taxes for the portions of Tax Lots 1900 & 2400 being conveyed herein. Buyer herein further acknowledges having received and approved the preliminary title report dated 9/22/88. First ,American Title is not to be further concerned or liable in connection with the foregoing. The expression "Close of Escrow" means the date on which instruments referred to herein are filed for record. The orinc~pals herein agree to pay any charges, advances and expenses that are properly chargeable to them, At the close of escrow you are to mad all documents, elc to the persons entitled thereto You are to furnish a copy of these instructions, amend. ments thereto, closing stalements and/or any other document deposited in this escrow lo the lender or lenders and/or the real estate broker or brokers involved ~n thislransaction uOon request of such lenders or brokers T~melsdeclared to be the essence of these instructions Any amendment of and/or supplement to these instructions must be m writing These mstruchons constitute the enhre escrow between the escrow holder and the parties hereto Should you before or after close of escrow receive or become aware of any conflicling demands or claims with respect to this escrow or the rights of any of the parties thereto, or any money or property deposited hereto or affected hereby, you shall have the n0hl Io d~scontmue any or all further acts on your part untd such confhct ~s resolved Io your sat~sfachon, and you shall have the further right to commence or defend any action or proceedings Iorlhedeterminat~onof suchconfhc~ The oarhes heretolmntly and severally agree to pay all costs, damages, ludgments, and expenses including ceasonably atlorney fees, suffered or incurred by you ~n connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in inter- pleader brought by you. These instructions are effective until November ! , 19.88 , and thereafter, unless re- voked by written demand and authorization satisfactory to you and in accordance with the laws of the State of Oregon. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUC- TIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUC- TIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. Dated this .__dayof October ,19..88 . SELLER OR AGENT: / (' .._, , ,// gordon E. Stone " Address:~O NE 2nd St., Gresham, OR 97030 BUYER OR AGENT: City of Sandy By: Address: We hereby~ckj3~3wledge receipt of the above money, documents and instructions, this ~-~' '"- day of October ,19 88 . First American Title Insurance Comps~ ~ Ore~on * F~t~h,,i~ ! ~ L~nda S. Whitne7 "" " "" First A ric Title In Comp o£ Orego ,, me an surance any n ~~~ CLACKAMAS COUNTY OFFICES FAX (503) 222-72Z4 MILWAUKIE OFFICE LAKE OSWEGO OFFICE OREGON CITY OFFICE SANDY OFFICE 16220 S E. McLoughlin Blvd. 15450 S.W. Boones Ferry R~. 108 11th Street 38768 P~octor Blvd. MilwAukee, OR 97267-4697 Lake Oswego, OR 97035-~54 O[egon City, OR 97045~040 Sanay, OR 97055~444 ~503~ 653-7000 (503) 635-3665 (503) 656-5243 (503) 668-4161 FAX [503) 654-0308 FAX (503) 656-4615 ESCROW INSTRUCTIONS to FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON ESCROWNO. 8810-013 PROPERTY ADDRESS: SELLER Oo~don E. S[one and Dorothy J. BUYER City of Sandy, An Oregon Hun~c~pal Corporation PROPERTY DESCRIPTION: as in order no. 475611 dated 9/22/88 THROUGHOUT THESE INSTRUCTIONS, ITEMS LEFT BLANK OR NOT MARKED (x) ARE NOT APPLICABLE. I~ hereby agree to and instruct First American Title Insurance Company of Oregon, escrow agent, horolnaHer called First American, as to the following: Buyer's 1. The A~ACHED CLOSING STATEMENTS are made a parl of these instructions Seller's Initial as if fully set forth herein. Certain items shown on the closing statements ara Initial estimates only and tn~ final figures may be adjusted to accommodate exact amounts required at the time of disbursement. 2. The undersigned have read and approved a title repo~ covering real properly situ- ated In the County of Clackamas , State of Oregon, as described/~ in First Amerlcan Title [psurance Co. title report No. 4756~ _ dated 9/22J~8 .... hereinafter title repeal. 3. All terms and provisions of the earnest money agreement, amendments or ad.~ denda thereto, have been complied with to the complete satisfaction of the dersigned parties or will be complied w~th outside of escrow. 4. In ail acts in this escrow relating to fire insurance, including adjustments, if any, First American shall be fully protected in assuming that each policy is in force and that the necessary premium therefor has been paid. 5. It is understood that any unpaid fuel, utility charges including service, installa- tion or connection charges for sewer, water or electricity will be adjusted be. tween seller and buyer outside this escrow. 6. Any and all documents have been prepared by escrow at the parties' request and/./j/] have been reviewed and approved as to content and form by the seller and buyer.~,~,;~_~ 7. ( ) The underlying encumbrance(s) shown on the title repeal (which encum- brances shall continue as liens against the Property after the close of escrow) may contain terms and provisions that permit the security holder, e.g., the mod- gagee, to exercise certain rights, e.g., the right lo accelerate payment of the n/a debt. The seller and buyer have been requested by escrow to review these docu- n/a ments and seek legal advice, and the buyer and seller hereby relieve and hold harmless First American from any and all claims, suits, demands, damages, ex- penses, including attorney fees, or causes of action arising out of the security holder's exercise of the rights contained in the terms and provisions of the en- cumbrance. n/a n/a 8. ( ) Attached herewith are supplemental escrow instructions. SELLER or agent will hand you herewith the following to effect transfer or conveyance of above prop- e~y to buyer: ~arranty Deed, duly s&gned & notar&zed, wh&ch you are to record through th&s escrow, Release documents ~or except&on no. 3, and such other documents, &f any, as required for the clos&ng o~ th&s escrow, lnclud&ng, but not lim~ to Ass&gnment of Sears Lease to buyer BUYER/BORROWER or agent wdl hand you herewith the following to effect transfer or conveyance of above property from the seller: documents, ~ any, and funds, as requlred for the clos&ng of thls escrow, as ese&mated &n ~he a~tached est&~ed clos&ng statement When you are in receipt of all of the above, you are instructed to record the documents and disburse funds in accordance with these instructions, and in accordance with the attached closing statements as adjusted. All disbursements shall be made by your check or checks. The balance remaining to be paid to: Gordon E. Stone and Dorothy J. Stone First American Title Insurance Company o£ Oregon An a$$urne(l bus)ne.ss name of TITLE INSURANCE COMPANY OF OREGON CLACKAMAS COUNTY OFFICES OREGON CITY OFFICE LAKE OSWEGO OFFICE MILWAUKIE OFFICE SANDY OFFICE 108 11th Street 15450 S.W. Boones Ferry Rd. 16220 S.E. McLoughlln Blvd, 38768 Proctor Blvd. Oregon City, OR 9?045-0040 Lake Oawego, OR 97035-3454 MIIwaukle, OR 97267-4697 Sandy, OR 97055-0444 (503) 656.5243 (503) 635-3685 (503) 653.7000 (503) 668-4161 FAX (503) 650-4615 FAX (503) 636-0871 FAX (503) 654-0308 FAX (503) 68~-8851 ESCROW STATEMENT OF: Escrow: 8810013 City of Sandy Escrow Officer': Linda S. Wt~itney Date: October 26, 1988 Title Order No: 475611 Property Purchased From: Gordon E. Stor~e Dorothy J. Stone Property Address: 38998 Proctor Blvd. Sandy, OR 97055 ITEMS DEBI TS CREDITS TOTAL CONSIDERATION 322,500.00 DEPOSIT HELD BY Gordon E. Stone 250.00 PRORATIONS/ADJUSTMENTS FROM TO TAX ACCOUNT Key £658/75 ('t'L16(~0) FOR TAX YEAR 1988/89 AT $5,672.07 11/01/88 07/0t/89 3,7~0.~6 fAX ACCOUNT Key£(J58'/91 (1L1700) FOR ]A,X YEAR 1988/89 Al' $3,440.84 11/01/8~ 07/01/89 2,281.33 TAX ACCOUNT Key~(~5883b FOR TAX YEAR 1988/89 A1 $286.56 11/(]t/88; 07/01/89 189.99 I'AX ACCOUNI' KeyE[~5~iS44 ('1i.2100) FOR TAX YEAR 1988/U9 A1 $b9l..84 11/01/~J8 Estimated Tu×e?, (l'l ],900) I'OR 12 MOS. Estim~ted Taxes (Ti. '2400) FOR 12 MOS. ~ 11/01/[38 0'?/0]/~9 1.58.1.5 SECURITY DEPOS[tt; 650.00 'lilLE C~ARL~ES kECORDINGS CONVEYANCE/DEED 15.00 ESCROW CHARGES I::S{:ROW FEE BALANCE DUE ESCRL}W 329,112.09 City of Sar, dy Certified to be a 'i'r'u~! drid Cx~ct Copy D~t vered to Buyer a~d/or Scl let'. L'~crow Officer: [~da S, Whi[ney F~othil 1 s/Sandy~ R~.~cor'din9 Date: October 27, 1988 (estimate. d) ESii~4ATED STA1EMENr August 8, 1988 C~OF Richard Roberts S/~NDY Attorney at Law P.O. 8OX 1119 Suite 1800 SANDY, OREGON 97055 222 SW Columbia Street T0~ephone668-5533 Portland, OR 97201 RE: City of Sandy General Obligation Bond Issue Dear Mr. Roberts: Jack Hammond, our City Attorney, informed me you need information regarding the issuance of bonds for our library and police facility in Sandy. Specifically, you're concerned with how these bonds would fit with the 1986 tax code. Our understanding is that not more than 10% of the proceeds from the bond sale can be used for "private activity" which would include the Sears store even though it is set aside for future expansion. I discussed with Jack two possibilities for addressing this issue. First, is to insure that not more than 3_0% of the proceeds goes towards the purchase of the Sears portion of the building and the other method is to use a general obligation private activity bond. If we use the first method, segregating the costs for the building wou]d result in additional record keeping and survey cost and general obligation activity bonds would result in a higher interest rate, possibly 1.5% higher. Although I have not discussed this issue with the Council yet, it would seem to me that the additional record keeping to segregate the monies as well as a minor amount of survey work would be less costly than an additional 1.5% over the 3.5 years of the bond. The following information is provided for your benefit in preparing an opinion on this offering. The purchase price of the building will be $322,500.00. Since the City does have other funds available, such as the Library Trust Fund, the Library Trust Fund could purchase the Sears portion of the building and use the bond proceeds solely for the purchase of the remainder of the building and its remodeling. No remodeling will be done on the Sears portion. My understanding of the new tax code provisions is that up to $30,000.00 or ~0% of the bond proceeds could be used for purchase of this portion of the building. What I propose is that no bond proceeds be used for the Sears portion. This will result in a clear distinction for bonding purposes. NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. The Sears store is 20.86% of the entire square footage of the building. Therefore, 20.86% of the purchase price of $322,500. equals $67,273.50. This portion of the building would be purchased solely with Library Trust Fund revenue. A breakdown of the expenditures and revenues for the remainder of the building are as follows: Expenditures: Purchase of Land and Building $255,226.50 Parking & Lights 5,000.00 Remodeling of the Library & Police portions of the Stone Building 90,750.00 Building Permit Fees & System Development Charge 500.00 Architecture Fees 12% 11,000.00 Other Costs (Bonding, Legal, Survey, Testing) 30,000.00 Furnishings 20,000.00 Contingency 25,000.00 $437,476.50 Revenues: Bonds Proceeds $300,000.00 State Library Grant 95,544.00 Library Trust (Portion) 7,000.00 Federal Revenue Sharing 27,932.50 Fund Raising 2,000.00 Community Development Block Grant for Handicapped Restrooms (portion) 5,000.00 $437,476.50 Sears Portion of Building Expenditures: Purchase of Land & Building $ 67,273.50 Revenues: Library Trust Fund (majority) $ 67,273.50 Sincerely, Thomas Reber, City Manager TR:mp CI'~ OF SANDY P.0.50× 1119 SANDY, OREGON 97055 October 3, 1988 Telel~hone 668-5533 Richard Roberts Attorney at Law Suite 1800 222 SW Columbia Portland, OR 97201-6618 RE: City of Sandy General Obligation Bond Issue Dear Mr. Roberts: Enclosed is a certified copy of the Affidavit of Publication. If you should require anything further, please advise. Sincerely, Ken Reinke, Interim City Manager mp Encs. NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. Affidavit of Publication STATE OF OREGON County of Clackamas i, Carol Schiller ~ h*~l d~ s~, ~ ~ ~ I~t I om tho Bookkeeper el the Sandy Post, a weekiy newspaper of general circulation. ~blish~ o¢ ~,a~ ,n ~ ~,d ¢¢u~ a~-4 ~tate. os dctmed in ORS 193.010 and 193020 that Buildin~Bond issue i988 File ~i95Q.013 aprm~edcopyof,,h%~h is hereto attached, was publish~ in r~tor tss~ et ~,d ,~s~ lot A ....... successive add ccn~ecut,ve ~eeks m the issues~ 9 -- 8-- 8 8 / 9 th September 8 S Subscribed and sworn to before me this day of 19 ..... y Public for Oregon Moody Investors Ser¥1£e 9o Church Street, New York, N.Y. 10007 September 23, 1988 Ms. June M. Peterson Finance Director City of Sandy P.O. Box 116 Sandy, Oregon 97055 Dear Ms. Peterson: We wish to inform you that our Rating Committee has assigned the rating of Baa 1 to the $300,000 Sandy, Oregon General Obligation Bonds to be sold September 27, 1988. In order that we may maintain the currency of this rating over the period of the loan, we will require current financial and other updating information. We will appreciate your continued cooperation in the future. We will appreciate receiving a copy of the Official Statement when available. Should you have any questions regarding the above, please do not hesitate to contact Diane Schenkman at (212) 553-0300. Sincerely yours, Freda S. Ackerman Executive Vice President FSA: vlw MEMORANDUM TO: ALL CONCERNED FROM: TOM REBER, CITY MANAGER DATE: SEPTEMBER 8, 1988 RE: STONE BUILDING PURCHASE, REMODELING, BOND SALE, ETC. I apologize for the impersonalness of a memorandum, but considering that I am going to start driving to Minnesota in an hour or so, this is the best way to cover all the bases. On September 6, 1988, the City Council approved the resolution for the bond sale as well as the advertisement for sale. They also approved the contract with Bruce A. Samuelson Architects, for architectural services and purchase agreement with Gordon Stone for the building. These last two items were conditioned upon the successful sale of the bond. The bond sale is scheduled for September 27th at 10:00 a.m. A special meeting of the Council is scheduled for 12:00 noon on that same day to accept a bid for the purchase of the bonds. Either that same day or shortly thereafter, the contracts with Gordon Stone and Bruce A. Samuelson Architects need to be executed. Gordon Stone did not have an opportunity to review all the details of his agreement prior to the Council meeting and requested a couple of clarifications. He said that he will need until October 20th to enable the Hallmark Store to vacate the premises. This should not be a problem as the timing would not allow for any construction to occur until November 1, ]_988. He also indicated that the contract indicates that all equipment will remain with the building. It has been understood all along that the shelving and equipment associated with the Hallmark will be moved. The equipment that we were concerned about staying is the shelving and other equipment that was in the clothing part of the building. These two items should be clarified with a hand written note on the agreement and initialed by Gordon Stone and those changes should also be initialed on September 27th or September 19th if possible. (Gordon, please make the changes in the contract and drop off or mail to City Hall by September 15th.) I had promised that we would prepare a legal description for the remaining of Gordon's property and Kent Cox should proceed with that. Ken Reinke will be making contact with Gordon with regard to a meeting. Even though I am leaving, I just want to leave you with a couple of words on this and they are: I have worked hard on this project, don't anybody screw it up. Also, I would like to thank ail of you for all the assistance you have given me in putting the project together. THANKS. TR:mp Ken Reinke, Interim Manager June Peterson, Finance Director Fred Punzel, Police Chief Sue Newland, Library Director Gordon Stone Jack Hammond, City Attorney Bruce Samuelson, Architect Mike Lewis Kent Cox April 2, 1987 Mayor Deane We~selink Tom Rebar, City~anager M~mb~rs o£ th, City Co~ncil We, the Women's Club of San~, on Thur~8~y April voted unanimously to en~ors~ the plan which wo~!5, expamd th. existin~ librsry an8 city facilities. Discussion showed that the ~ember~ fe~ %h~ i~ would be an e.~e~ate solution to ~he library neeS~, ~nd that the lower cost of thls ~lan should be more ~ecevt~ble voting ~ublic. Yours sine,rely ~.rga_~t Crowpo~r, o~cr~t~ry Treasurer LINDSAY, HART, NEIL ~ WEIOLER I001 FovR'ru AVENUE PLAZA SUITE 1~00 JEYFERSON PLACE (SE~FII~$T BLDG.), SUITE t~200 ~2~ S.W. COLUMBIA ~50 N. ~TH, SUITE 400 SEATTLE, WASHINOTON 08154 PO~T~D, OREOO~ ~7~O1' ~ ~ BOISE, IDAHO (206:02~'4711 I'ELEPHONE (50~) 2~O'liOl (~O8) 8~0'88~ TELECOPIER (50~} l~Ol NEW YO~K AVENUE. N.%¥. TEL~ 404'70~ 045 CALI~RNIA STREET SUITE 1~00 SUITE ~00 %%~SHINOTON, m.C. ~ooo5 S~ F~ClSCO, CALI~IA 94104 September 28, 1988 Mr. John H. Hammond, Jr., Esq. Attorney at Law 21790 Willamette Drive P. 0. Box 648 West Linn, OR 97068 Re: $300,000 City of Sandy General Obligation Building Bonds, Series 1988 Dear Jack: As you are aware, the City had a successful bid opening on September 27, 1988. We have requested that the bonds be printed and, as noted in the letter to the printer, we will need the specimen signatures of the Mayor and Recorder and a copy of the City seal for printing on the bonds. We also need certified copies of the following documents to complete the transcript: 1. Minutes of the meeting held May 16, 1988; 2. Abstract of election results prepared by the Clackamas County elections officer; .... 3~ Resolution 10-88; 4. Affidavit of publication of notice of sale of the Sandy Post; 5. A certificate of the Recorder stating the special meeting held September 27, 1988 was duly called, that a quorum was present, and that a motion was made to accept the bid of the United States National Bank of Oregon. Also enclosed is a form of Tax Certificate and Signature and Non-Litigation Certificate which should be signed, but not dated, and returned with the above-mentioned documents. LINI).~AY, HAl/T, NEIL & WEIC3LEbt Mr. John H. Hammond, Jr., Esq. September 28, 1988 Page 2 As I discussed with Ken, the City also needs to determine the Paying Agent and Registrar for the City for this issue. We assume that Catherine will be coordinating final closing arrangements for this issue. Please call if you have any questions or comments. Very truly yours, LINDSAY, HART, NEIL & WEIGLER Richar~rts RDRsam309 enclosure(s) cc: Ms. Catherine Tamaro August 23, ]_988 Jack Hammond CI'T'Y 0~" Attorney at Law SANDY P.O. Box 648 West Linn, OR 97068 P.O. SOX 1119 SANDY, OREGON 97055 Telephone 668-5533 RE: City of Sandy General Obligation Bond Issue Dear Jack: Enclosed you will find a copy of the letter and plans which was submitted to Richard Roberts on August 8, 1988. If you have any questions, please give me a call. Sincerely, Thomas Reber, City Manager TR:mp Encs. NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. PRELIMINARY OFFICIAL STATEMENT DATED ,1988 MOODY'S RATING: Applied For (See the caption 'q~ATING" herein) NEW ISSUE In the opinion of Bond Counssi, under existing law and conditioned on the. City of Sandy co,re, plying with certain covenant? described herein, interest on the Series 1988 Bonds is excluded from gross income for fe~. ral income tax_purposes, ~ .e~e. p.r [or Bond Counssi expresses no opinion regarding other federal .tax. conseq .ue. .n~. s. ar~.~, u~,m ~res .~. t ~t.he ~e,~.s ~. ~ , ~tf~as. oee "Tax Exemption" herein. The Series 1988Bonds are not "pr~ ..v~te~ actw~ty Oond3, ,u. na~..r ~. tion, 14~1 o~..~n~n~ _r~. ~_ve.nue Code of 1986 (the "Code"). The Series 1988 Bonds are "qualified tax exempt oo~gatWns unaer oecrwn zoo of the Co~e. THE CITY OF SANDY CLACKAMAS COUNTY, OREGON $300 000 GENERAL OBLIGATION BUH DING BONDS, SERIES 1988 DATED: October 1, 1988 DUE: October 1, as shown below The Bonds will be issued as registered bonds in integral multiples of $5,000. Interest on the Bonds will be paid on April 1, 1989, and semiannually thereafter on April 1 and October 1 of each year. Interest on the Bonds shall be paid by check or drat~ mailed to the registered owners at the addresses appearing on the Bond Register on the fifteenth day of the month preceding each interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners at the principal corporate trust office of the Paying Agent, the Bank, of Portland, Oregon. Maturity S chedule Due Principal Interest Yield Or Due Principal Interest Yield Or Oct. 1 Amounts Rates Price Oct. 1 Amounts Rates Price 1989 $10,000 1997 $20,000 1990 15,000 1998 20,000 1991 15,000 1999 25,000 1992 15,000 2000 25,000 1993 15,000 2001 25,000 1994 15,000 2002 25,000 1995 20,000 2003 30,000 1996 20,000 2004 30,000 The Bonds will be subject to optional redemption as described herein. The Bonds constitute valid and legally binding obligations of the City. The full faith and credit of the City is pledged for the punctual payment of the principal of and interest on the Bonds. The City has pledged and is obligated by law to provide for the levy and collection annually of ad valorem taxes without limitation as to rate or amount on all taxable property in the City to pay the principal of and interest on the Bonds. The bonds do not constitute a debt or indebtedness of Clackamas County, Oregon, the State of Oregon, or any political subdivision thereof other than the District. The Bonds are not private activity Bonds. The City has designated the Bonds as qualified tax- exempt obligations so that banks, thrift institutions and other financial institutions will be allowed a deduction of 100% of their interest expenses allocable to the Bonds. The approving legal opinion of Lindsay, Hart, Neff & Weigler, Portland, Oregon, and executed Bonds with the legal opinion printed on the Bonds, will be furnished at the expense of the City. A nonlitigation certificate in the usual form will be included in the closing documents. It is expected that the Bonds in definitive form will be available for delivery in Portland, Oregon on or about ,1988. Dated: THE CITY OF SANDY CLACKAMAS COUNTY, OREGON Elected Offidnls Deane Wesselink, Mayor City Coundl 3ames C. Duff Larry V. Buck Robert Griswold Dick Harrison Marge Fredrickson Mort Spence Appointed O~fidals Thomas Reber City Manager 3une M. Peterson Finance Director Bond Counsel Lindsay Hart Neil& Weigler Portland, Oregon (303) 226-i Financial Advisor Seattle-Northwest Securities Corporation Portland, Washington (303) 273-8303 OFFICIAL NOTICE OF BOND SALE $300,000 CITY OF SANDY COUNTY OF CLACK~AMAS STATE OF OREGON GENERAL OBLIGATION BUILDING BONDS, SERIES 1988 NOTICE IS HEREBY GIVEN that sealed bids will be received on behalf of the City of Sandy, Clackamas County, Oregon (the "City"), for its General Obligation Building Bonds, Series 1988 (the "bonds"), until 10:00 o'clock a.m. (Pacific Time) on Tuesday, September 27, 1988, at the offices of Lindsay, Hart, Neil & Weigler, Lawyers, Suite 1800, 222 S. W. Columbia Street, Portland, Oregon 97201-6618, at which time they will be publicly opened and announced. The bids shall be considered and acted upon by the City within four hours. ISSUE: The issue shall be in the aggregate principal amount of THREE HUNDRED FIFTY THOUSAND DOLLARS ($300,000) consisting of registered bonds in denominations of FIVE THOUSAND DOLLARS ($5,000) or integral multiples thereof, all dated October 1, 1988. INTEREST RATE: The maximum true interest cost shall not exceed a net effective rate of ten percent (10%). Interest is payable semiannually on October 1 and April 1 of each year until maturity or prior redemption, commencing April 1, 1989. Bidders must specify the interest rate or rates which the bonds hereby offered for sale shall bear. The bids shall comply with the following conditions: (1) each interest rate specified in any bid must be a multiple of 1/Sth or 1/20th of one percent (1%); (2) no bond shall bear more than one rate of interest; (3) each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; (4) all bonds maturing at any one time shall bear the same rate of interest; (5) no rate of interest may exceed ten percent (10%); and (6). the interest rate for any maturity shall not be less than the interest rate for any prior maturity. MATURITIES: The bonds shall mature serially on the first day of October of each year as follows: ii Date Amount Date Amount 1989 $10,000 1997 $ 20,000 1990 15,000 1998 20,000 1991 15,000 1999 25,000 1992 15,000 2000 25,000 1993 15,000 2001 25,000 1994 15,000 2002 30,000 1995 20,000 2003 30,000 1996 20,000 REGISTRATION: The bonds will be issued in fully registered form, and may be exchanged at the expense of issuer for similar bonds of different, authorized denominations. Bonds may not be converted to bearer form. REDEMPTION: The City reserves the right to redeem all or any portion of the bonds maturing after October 1, 1998, in inverse order of maturity and by lot within a maturity on October 1, 1998, and on any interest payment date thereafter, at par plus accrued interest to the date fixed for redemption. Notice of any call or redemption, unless waived, shall be mailed not less than thirty days and not more than sixty days prior to such call to the registered owners of the Bonds, and otherwise given as required by law and the authorizing bond resolution; however, any failure to give notice shall not invalidate the redemption of the bonds. All bonds called for redemption shall cease to bear interest from the date designated in the' notice. PAYMENT: Principal and interest are payable, either at maturity or upon earlier redemption, by check through the principal corporate trust office of the registrar and paying agent of the City, which will be a bank doing business in Portland, Oregon. PURPOSE: The bonds are being issued to finance the acquisition, construction, remodeling and expansion of the Stone Building for library and police purposes and all related costs. The bonds were authorized at a special election held within the City on June 28, 1988. SECURITY: The bonds are general obligations of the City. The City has covenanted to levy an ad valorem tax annually which, with other available funds, will be sufficient to pay bond principal and interest as they come due. LEGAL OPINION: The approving opinion of Lindsay, Hart, Neil & Weigler, Lawyers, of Portland, Oregon, will be provided at iii no cost to the purchaser, and will be printed on the bonds at the expense of the City. TAX EXEMPT STATUS: In the opinion of bond counsel, assuming compliance by the City with its covenants relating to the tax-exempt status of the bonds, interest on the bonds is exempt from taxation by the United States under present federal income tax laws (except for certain taxes on corporations) and from personal income taxation by the State of Oregon under present state law. The City has the legal authority to comply with its covenants. The Bonds are not "private activitY bonds!' under Section 141 of the Internal Revenue Code of 1986 (the "Code"). BANK PURCHASE: The City has designated the bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Code. BEST BID: The bonds will be awarded to the responsible bidder whose proposal will result in the lowest true interest cost to the City. True interest cost will be determined by doubling the semiannual interest rate necessary to discount the debt service to October 1, 1988 and the price bid for the bonds. Each bidder is requested to supply the total interest cost and the true interest cost that the City will pay upon the issue if the bid is accepted. The purchaser must pay accrued interest, computed on a 360-day basis, from the date of the bonds to the date of delivery. The cost of printing the bonds will be paid by the City. REOFFERING PRICE: The successful bidder must certify the initial reoffering price for each maturity of the bonds to bond counsel not less than three business days prior to closing. This certification shall constitute the agreement of the bidder to offer all bonds in each maturity for sale at a price no greater than the certified reoffering price until at least ten percent of the principal amount of each maturity is sold at a price less than or equal to the certified reoffering price. Failure to honor this agreement may result in cancellation of the sale and forfeiture of the bidder's good faith deposit. DELIVERY: Delivery of the bonds will be made without cost to the successful bidder at such bank in the City of Portland, Oregon, as the successful bidder shall name. Payment for the bonds must be made in Federal funds. Delivery of the bonds will be made within thirty days. FORM OF BID: All bids must be for not less than all the bonds hereby offered for sale, and for not less than ninety-eight and one-half percent (98.5%) of the par value thereof and accrued interest to the date of delivery. Each bid together with bidder's check as herein specified must be enclosed in a sealed envelope addressed to the City and designated "Proposal for Bonds." BID CHECK: All bids must be unconditional and accompanied by a certified or cashier's check on a bank doing business in the State of Oregon for SIX THOUSAND DOLLARS ($6,000) payable to the order of the City to secure the City from any loss resulting from the failure of the bidder to comply with the terms of its bid. Checks will be forfeited to the City as liquidated damages in case the bidder to whom the bonds are awarded withdraws its bid or fails to complete its purchase in accordance with the terms thereof. No interest shall be allowed on the deposit but the check of the successful bidder will be retained as part payment of the bonds or for liquidated damages as described above. Checks of the unsuccessful bidders will be returned by the City promptly. RIGHT OF REJECTION: The City reserves the right to reject any or all bids, and to waive any irregularities. OFFICIAL STATEMENT: The City has prepared an official statement relating to the bonds, a copy of which will be furnished upon request to its financial consultant, Seattle Northwest Securities Corporation, Portland Division, First Interstate Tower, Suite 3030, 1300 S.W. Fifth Avenue, Portland, Oregon 97201; telephone (503) 242-1481; Attention: Michael A. Lewis. POTENTIAL BID: The financial consultant may submit a bid or participate in a bidding syndicate. CUSIP: CUSIP numbers will be imprinted upon all bonds of this issue at the City's expense. Failure to print, or improperly imprinted numbers will not constitute basis for the purchaser to refuse to accept delivery. NO LITIGATION: At the time of payment for the delivery of said bonds, the City will'furnish the successful bidder a certificate that there is no litigation pending affecting the validity of the bonds. FURTHER INFORMATION: Additional information regarding the City and this sale may be obtained from the City's financial consultant as indicated.above. June Peterson City of Sandy, Oregon No dealer, broker, salesman or other person has been authorized by the City to give any information or to make any representations with respect to the Bonds other than those contained in this Official Statement, and, if given or made, such information or representations must not be relied upon. This Official Statement does not constitute an offer to sell nor the solicitation of an offer to buy, nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from sources which are believed to be current and reliable. Estimates and opinions included herein should not be interpreted as statements of fact. The information and expressions of opinion stated herein are subject to change without notice. The delivery of this Official Statement shall not, under any circumstances, create any implication that there has been no change in the information or opinions set forth herein or in the affairs of the City since the date hereof. TABLE OF CONTENTS PaRe Notice of Bond Sale ii Description of the Bonds 1 Security 2 Authorization for Issuance 2 Use of Proceeds 2 Future Financings 2 City Indebtedness 3 Debt Payment Record 3 Property Tax Administration Tax Collection Record 6 Financial Information 7 Debt Information 7 Bonded Debt Ratios 7 Summary of Overlapping Debt S Representative Levy Rate $ Tax Levies 9 Outstanding Obligations 9 General Obligation Debt Service Requirements l0 City Financial Factors t0 General Fund - Balance Sheet 12 General Fund - Statement of Revenues, Expenses and Changes in Fund Balances 13 General Fund - Budget of Revenues and Expenditures (Revenues) 14 General Fund - Budget of Revenues and Expenditures (Expenditures) 15 General and Economic Information 16 Bid of Financial Advisor Litigation 19 Tax Exemption 19 Legal Matters 20 Rating 20 Appendix A - Form of Legal Opinion vi OFFICIAL STATEMENT THE CITY OP SANDY CLACKAMAS COUNTY, OREGON $300,000 GENERAL OBLIGATION BUILDING BONDS, SERIES 1988 The City of Sandy, Oregon (the "City"), a municipal corporation duly organized and existing under and by virtue of the laws of the State of Oregon, furnishes this Official Statement in connection with the offering of $300,000 principal amount of General Obligation Building Bonds, Series 1958, dated October 1, 1998 (the "Bonds") to be issued in accordance with the Official Notice of Bond Sale of the City. Reference is made to the Official Notice of Bond Sale for the terms and conditions of sale and delivery of the Bonds to the original purchasers of the Bonds. This Official Statement, which includes the cover page, provides information concerning the City~ and the Bonds. DESCRIPTION OF THE i~ONDS Principal Amount7 Date~ Interest Rates and Maturities The Bonds will be issued in the principal amount of $300,000 and will be dated and bear interest from October 1, 1988. The Bonds will mature on the dates and in the principal amounts, and will bear interest (payable semiannually on April 1 and October 1, commencing April 1, 1989) at the respective rates as set forth on the cover of this Official Statement. Optional Redem ption The Bonds maturing in years 1989 through 1998, inclusive, will not be subiect to redemption prior to maturity. The Bonds maturing on or after October 1, 1999 are subject to redemption at the option of the City on and after October l, 1998, in whole or in part on any interest payment date (maturities to be selected by the Registrar and by lot within a maturity) at a price of par plus accrued interest, if any, to the date of redemption. Notice of redemption will be given not less than 30 nor more than 60 days prior to the redemption date by registered or certified mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register. Form and Denomination The Bonds will be issued as fully registered bonds in denominations of $2,000, or any integral multiple thereof. Paying Agent Principal of and interest on the Bonds will be payable by the Paying Agent, the Bank, Portland, Oregon. SECURITY The Bonds are unlimited general obligations of the City. The City, as authorized by law, ordinances and resolutions of its City Council duly and regularly adopted, has irrevocably pledged that it will make annual levies of taxes, without limitation as to rate or amount, upon all of the property in the City subject to taxation in amounts, together with other money available and to be used therefor, sufficient to pay principal and in'retest on the Bonds as the same shall become due. The Bonds do not constitute a debt or indebtedness of Clackamas County, Oregon, the State of Oregon, or any political subdivision thereof other than the City. AUTHORIZATION FOR ISSUANCE Under, and in accordance with, the laws and provisions of the State of Oregon, this general obligation bond issue is issued pursuant to Resolution No. of the City Council passed on September 6, 1988. USE OF PROCEEDS The proceeds from the Bonds will be used to finance the acquisition, construction, remodeling and expansion of the Stone Building for library and police purposes. Estimated Sources and Uses of Funds Sources Par Amount of Bonds $ 300~000 Uses Construction $ Underwriters' Discount and Expenses FUTURE FINANCINGS The City has no authorized but unissued bonds. CITY INDEBTEDNESS Debt Limitation Oregon statutes limit the amount of general obligation bonds which an Oregon city may have outstanding at any time to three percent of the true cash value of the taxable property within the city unless the city charter provides for a lower percentage. This statutory limitation does not apply to general obligation bonds issued for water, sanitary or storm sewers, sewage disposal plants, hospitals, infirmaries, gas, power, or lighting purposes, or the acquisition, establishment, or reconstruction of any off-street motor vehicle parking facility nor to bonds issued pursuant to applications to pay assessments for improvements in installments under statutory or charter authority {"Bancroft" Bonds) which are completely self-supporting. In addition, Oregon statutes limit the Bancroft bonded debt which a city may have outstanding at any one time to three percent of the latest true cash value of the property within the City. Enterprise debt and utility debt are not subject to the two preceding limitations. The City may issue tax anticipation notes in an amount which, in the aggregate, equal up to 80% of ad valorem taxes upon real and personal property which have been levied and are in the process of collection for the fiscal year in which the notes are issued, and 80% of other budgeted and unpledged revenues which it is estimated will be received from other sources during the tax year. The following table shows the debt capacity of the City: Debt Capacity Assessed Value (TCV) (1987-88) $112,665,900 ( 1 ) General Obligation Debt Capacity (3% of Assessed Value) 3,379,977 Less: Outstanding Debt 989,000 Remaining Legal Debt Capacity $ 2,390,977 (1) Source: Municipal Debt Advisory Commission, State of Oregon Treasury Depart- ment. Clackamas County Assessor. DEBT PAYMENT RECORD The City has always promptly met principal and interest payment on outstanding bonds when due. Additionally, no refunding bonds have been issued for the purpose of preventing an impending default. PROPERTY TAX ADMINISTRATION The property tax is used by Ore§on cities, counties, schools and other special districts to raise revenue to defray the expense of local government. The State of Oregon has not levied property taxes since I9#1 and obtains its revenue principally from income taxation. Property tax administration, governed by the Oregon Constitution, the state's taxation laws and regulations of the Department of Revenue, involves the process of assessment, equalization, levy and collection of taxes. Valuation of Property: Assessment and Equalization The process of identifying and assigning a value to taxable property is termed "assessment" and the process of maintaining uniformity of values between property owners and various classes of property is termed "equalization." Assessment of property is administered by the County Assessor except for public utility property which is assessed by the state Department of Revenue. Ali property is reappraised in 6-year cycles and values are adjusted annually to maintain assessments within a 5% deviation of county- wide market values. Equalization of values is performed by the county Board of Equalization. Administrative and judicial remedies are available to property owners who disagree with assessments. Property subject to taxation includes ali privately owned real property (land, buildings and improvements) and personal property (machinery, office furniture, equipment and livestock). There is no property tax on household furnishings (exempt in [9[3), personal belongings, automobiles (exempt in 1920), crops, orchards, business inventories or intangible property such as stocks, bonds or bank accounts. Property used for religious, fraternal and governmental purposes is exempt and reductions in assessments are §ranted for veterans' homesteads, certain open space farm lands and historic buildings. The assessment roll, a listing of all taxable property, is prepared as of 3anuary 1 o.f each year. Prior to 1980 assessed and true cash value were identified as market value for ail classes of taxable property. From 1950 to [983, taxable property was divided into two classes: "Homestead" and "All Other." The Homestead class consisted of owner-occupied single family residences. Property was appraised at true cash value (market value) but assessed in a manner that limited the state-wide annual growth to 5% for either class. Beginning in 198#-85, the class distinction was eliminated with the state-wide growth limitation appEed to ali property equally. Assigned ratios of assessed to true cash value of property have been: "Owner-Occupied~ "All Other" Year Cia.ss Cla.~s 1986-87 100.0% of TCV 100.0% of TCV 1985-86 100.0% of TCV 100.0% of TCV 1984.-85 96.0% of TCV 96.0% of TCV 1953-84. 90.3% of TCV 90.9% of TCV 1982-83 :g3.$% of TCV 85.1% of TCV 1981-§2 8i.6% of TCV 84..4% of TCV 1980-$1 84..2% of TCV 87.6% of TCV Tax Levies and l~,ates Authority to levy property taxes is vested with the governing body of each 'local government unit. The governing body determines the levy annually before 3uly' 15 as part of the budget process. Annual budgets for local units are based on a fiscal year which begins on 3uly I and ends the followin§ 3une 30. Constitutional and statutory limitations on the amount that a governing body may levy are: I. Levy Within 6% Limitation (Tax Base Levy). A tax base, approved by a majority of voters at a general election, represents permanent authority to annually levy a dollar amount which cannot exceed the highest amount levied in the three most recent years in which a levy was made, plus six percent thereof. Tax base levies may also be increased in proportionate amounts for annexed territory. A local unit is permitted to have but one tax base levy and proceeds may be used for any purpose for which the unit may lawfully expend funds. 2. Levy Outside 6% Limitation (Special) Serial or Continuin~ Levy). Special and serial levies are temporary taxing authority permitting the levy of a specific dollar amount for one year (special} or for two or more years up to ten years (serial). Continuing levies are those approved by voters prior to 1953, are permanent in nature and are limited in amount by the product of the voted tax rate and the assessed value of the unit. Since 1978 serial levies may also be established based on a specified tax rate but the term may not exceed three years. Not more than four serial levy measures may be proposed in a given year. Special levies are limited in size by the net tax rate freeze described later in this section. 3. Levy Not Subject to 6% Limitation (Debt Levy). Local units are required to annually levy an amount sufficient to pay principal and interest costs for 'a bonded debt. Bond measures to be paid from future tax levies must first be approved by a majority of those voting unless otherwise provided by law.. Proceeds from a debt levy cannot be diverted to another purpose. Property Tax Collections Oregon Revised Statutes Chapter 311 requires that all tax levy revenues collected by a county for all taxing units within the county be placed in an unsegrated pool, and each taxing unit shares in the pool in the same proportion as its levy bears to the total of all taxes levied by all taxing units within the county. As a result, the tax collection record of each taxing unit is a pro rata share of the total tax collection record of all taxing units within the county combined. Other Possible Impacts on the City's Revenues Oregon has rejected tax limitation measures five times in the past ten years, most recently in November 198(S. Each one, had it passed, would have reduced the composite tax rate and limited growth of assessed valuation. These could have significantly decreased the annual revenues of Oregon municipalities. City of Sandy Assessed Value of Taxable Property (1) FY Ending 3une 30 Assessed Value 1955 $I 12,665,900 1987 110,355,380 1986 10At, 238,970 1985 98,901,050 1984 94,050,100 (1) Prior to fiscal year 1980-$I property was assessed at true cash value (TCV). For ~subsequent years the County Assessor applied a percentage factor to TCV to determine Assessed Valuation. The percentage applied was deterrhined for two classes of property: "owner occupied" homestead properties and all other property. The class distinction was eliminated beginning in the 198#-85 fiscal year, with the statewide growth limitation applied to all property equally. The distinction between True Cash Value and Assessed Valuation was eliminated beginning in the 1955-86 fiscal year. 5ource: Clackamas County Assessor TAX COLLECTION RECORD Current Levy & Balance Corrections Balance Receivable Discounts and Cash Receivable Tax Year 6/30/86 Allowed Adjustments Interest Collections 6/30/87 1986-87 $570,.538 $(ll ,202) $ (702) $ 638 $(511,#72) $#7,800 1985-86 52,382 (79g) 2,295 (26,805) 27,078 1984-85 30,510 (230) 2,878 (15,838) 17,320 1983-84 18,306 (176) #,#38 (16,8#2) 5,726 1982-83 & Prior 4,923 (910) 2,276 (5,510) 779 $676,659 $(11)202) 5(2,812) $12,525 $(576,#67) $98,703 Source: City of Sandy audited financial statements THE CITY OF SANDY FINANCIAL INFORMATION (As of 3uly 31, 1988) Assessed Valuation (1987-88) (1) -- $112,665,900 Estimated Population -- 3,630 DEBT INFORMATION Gross Bonded Debt $ 1,2~9,000 Net Direct Debt (2) $ 989,000 Estimated Overlapping Net Debt 1 ~ 817 ~ 369 Total Net Direct and Estimated Overlappin§ Debt $ 2~806~369 {1) The distinction between true cash value and assessed valuation was eliminated beginning in the 1985-86 fiscal year. (2) Net debt includes all tax-supported bonds. Bancroft Act General Obligation Improvement Bonds and self-supporting general obligation bonds are excluded. Source: Municipal Debt Advisory Commission, State of Oregon Treasury Department. BONDED DEBT RATIOS Direct Debt to Assessed Valuation 0.88% Direct and Estimated Overlapping Debt to Assessed Valuation 2.~9% Per Capita Assessed Valuation $31,037 Per Capita Direct Debt $ 272 Per Capita Direct and Overlapping Debt $ 773 THE CITY OF SANDY SUMMARY OF OVERLAPPING DEBT (As of 3uly 31, 1988) 1986-87 Overlappin~ Assessed Gross (1) Net (2) Valuation Percent Bonded Direct Overlappin]~ District (in ~000) Overlap Debt Debt Clackamas County School District No. 46 $ 311,393,#60 36.15% $ 946,170 $ 946,[70 Sandy RFPD 316, [77,[[0 35.63 [53,225 153,225 Clackamas Union High School District No. 2 6~2, [72,560 17.25 1~3,752 [53,752 Mount Hood Community College 5,755,.527,402 [ .96 [67,073 [67,073 Clackamas County ~,6[0,$73,0~0 1.31 [ [0,36# 0 Port o£ Portland 36,~10,632,50# 0.31 397~1~9 397~1~9 ~I~9277733 $[~7~369 ([) Gross bonded debt includes all bonds backed by a general obligation pledge including Bancroft Act general obli§ation improvement bonds and self-supportin§ general obligation bonds. (2) Net direct debt includes all tax-supported bonds. Bancroft Act general obligation bonds and self-supporting bonds are excluded. Source: Municipal Debt Advisgry Commission, Oregon State Treasury THE CITY OF SANDY REPRESENTATIVE LEVY RATE (Rates Per $1,000 of Assessed Value) Clackamas County $ 2.22 City of Sandy 5.22 Fire District No. 72 2.15 Clackamas Elementary ESD .69 Clackamas High ESD .36 Mount Hood Community College 1.77 Clackamas County School District No. 46 7.70 Union High School District 5.34 Vector Control District .02 Port o~ Portland .38 Total $2~ .~ Source: Clackamas County Assessor THE CITY OF SANDY TAX LEVIES (Dollars per $1,000 of True Cash Value) Collection Year (Ended Assessed Levy Total 3une 30) Valuation Rate Levy (1) 1988 $112,66~, 900 $5.22 $587,37A~ 1987 110,353,380 3 · 17 370,337 i 986 i04,238,970 5 · #5 368,102 1985 98,901,050 6.19 612,198 198g 91~, 050,100 6. ## 605,683 (1) Due to rounding, Levy Rate times Assessed Valuation does not equal Total Levy. Source: Clackamas County Assessor THE CITY OF SANDY OUTSTANDING OBLIGATIONS (As of 3uly 31, 1988) Final Date Maturity Amount Amount General Oblifiation Bonds Issued Date Issued Outstandinl~ A. Tax Supported Administration Facilities 9/i/68 i/1/98 $ 151,000 $ 79,000 Water 3/1/77 3/1/97 1,500,000 910:000 Total Net Direct Debt: $ 989~000 B. Self-Supporting Sewer ¢/1/71 7/1/91 $ 450,000 $ 105,000 Water 10/I/75 10/1/95 155,000 90~000 Total Self-Supporting Debt: $ 195 ~ 000 C. General Obligation Improvement (Bancroft) Improvement 12/1/77 12/1/92 $ 171,9#2 $ 75~000 Total General Obligation Bonds (Gross Direct Debt): $1 ~ 259 ~ 000 9 THE CITY OF SANDY GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS (F~cal Year Ended 3une 30) Outstanding General ObliRaHon Bonds This Issue Year Principal Interest Principal Interest (1) Total 1989 $ 86,000 $ 5#,005 $ 0 $ 10,029 $ 150,070 1990 92,000 09,650 10,000 19,770 171,020 1991 97,000 40,827 15,000 19,033 175,860 1992 102,000 39,693 15,000 18,125 17~,818 1993 108,000 3#,100 15,000 17,202 17~,306 1990 113,000 28,188 15,000 16,265 172,053 1995 118,000 21,997 15,000 15,313 170,310 1996 129,000 15,021 20,000 14,182 178,603 1997 130,000 8,113 20,000 12,873 170,986 1998 10,000 520 20,000 11,5#2 ~2,062 1999 20,000 10,193 30,193 2000 25,000 8,650 33,650 2001 25,000 6,912 31,912 2002 25,000 5,156 30,156 2003 30,000 3,210 33,210 2004 30,000 1,073 31,073 Total $989,000 $296,562 $ 300,000 $ 189,528 $1,775,090 (1) Assumed interest rates range from 5.75 to 7.15%. CITY FINANCIAL FACTORS Budgetary Process and Controls The City prepares an annual budget in accordance with the Oregon Local Budget Law. Chapter 290 of the Oregon Revised Statutes establishes standard procedures for all budget functions for all Oregon local governments. Under the applicable provisions, there must be public participation in the budget process and the adopted budget must be balanced. The City Manager evaluates the budget proposals of the various departments of the District to determine the funding levels of the operating and public service programs. The budget is presented to the public through public hearings held by a budget committee consisting oi City Council members and laypersons. After giving due consideration to the input received from the citizens, the City Council adopts an ordinance which adopts the budget, authorizes the levying of taxes and sets appropriations. The budget ordinance must be adopted not later than 3une 30 of each fiscal year. The budget may be amended during the applicable fiscal year through the adoption of a supplemental budget. Supplemental budgets may be adopted through the same process used for adoption of the regular budget, including the use of public hearings. 10 Financial Reporting The Annual Financial Report of the City is prepared in accordance with generally accepted accounting principles ("GAAP"). In addition to presenting the financial position, results of operations, and changes in financial position of the City's funds, the Annual Financial Report reconciles differences in reporting activities between the budgeting basis, as presented in the annual approved budget, and the basis according to GAAP as is used in the preparation of the financial report. Also produced annually is the City's annual financial review which is a report to the citizens of the City finances prepared on a consolidated basis. Independent Audit Requirements Each Oregon municipal corporation must obtain an audit and examinatioh of its accounts and financial status at least once each year pursuant to the Oregon Municipal Audit Law, Oregon Revised Statutes 297.q05 to 297.555. Municipalities having annual expenditures of less than $100,000, with the exception of counties and school districts, are exempt from this requirement. AIl Oregon counties and school districts, regardless of amount of annual expenditures, must obtain an audit annually. The required audit may be performed by the State Division of Audits or by public accountants certified by the State as capable of auditing municipal corporations. The City audits for the fiscal years 195q-$5 through 1986-87 were performed by Coopers & Lybrand, CPAs, Portland, Oregon. The latest {1986-87) audit reports indicate the financial statements present the City's financial picture fairly and are in conformance with generally accepted accounting principles applied on a consistent basis. A complete audit is available upon request to the City or its financial consultant. Pension Plans The City participates in the State of Oregon Public Employees Retirement System (PERS). All participating employees of the City are covered by the plan after six months of employment. The plan is a defined benefit plan to which the City contributes both the employer's portion and the employee's contribution. The rate of employee contribution is established by law. The rate of employer contribution is set by the Public Employees Retirement Board, based upon actuarial valuations. The employer contribution rate for 1986-87 was 7.t~2% plus the qualified employees' contribution of 6.0 percent. The total expense for the City for the 1986-87 fiscal year was $81,350. 11 THE CITY OF SANDY GENERAL FUND BALANCE SHEET (Years Endin§ 3une 30) ASSETS 1987 1986 1875 Assets Cash ac investments 5432,363 5494,733 5464,277 Property taxes receivable 78, ~69 73,909 $3,864 Accounts receivable 13,775 lt~, 687 12,962 Other assets 0 0 2 ~ 0 Total Assets 532#, 807 5383,329 5.563, l LIABILITIES AND EQUITY 1987 1986 1575 Liabilities Accounts payable 5 26,610 $ 10,842 5 1~,073 Deferred revenue 69~971 671002 78~998 Total Liabilities 5 96,581 5 77,8~,4 5 93,071 Equity Reserved for encumbrances $ 0 5 ~,383 Unreserved: Designated for future expenditures 3,000 3,000 3,000 Undesignated ~25 ~ 226 #98 ) 100 429 ) 537 Total Fund Equity ~25 ~ 226 505 ~ q83 ~70 ~ 0~3 Total Liabilities and Fund Equity $524 ~ 807 $583 ) 329 $563 12 THE CITY OF SANDY GENERAL FUND STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND BALANCES (Years Ending 3une 30) 1987 1986 1985 Revenues Taxes $#23,706 $#6#, 160 $#63,062 Franchise fees 73,734 86,647 9)., 59 ! Licenses and permits 32,268 37,773 29,612 Inter§overnmental revenue 169,597 166,888 170,420 Charges for services 21,062 7,695 4,236 Fines and forfeits 16,337 50,339 45,760 ~iscellaneous revenues 61 ~ 648 62 ~ 097 35 ~ 033 Total revenues $820,332 $873,599 $862,736 Expenditures General government $214,702 $305,523 $276,526 Public safety 309,789 334,619 383,705 Culture and recreation 174 ~921 209 ~ 331 233 ~ 482 Total expenditures 699,412 849,473 893,713 Excess of revenues over (under) expenditures 120,940 26,126 (30,977) Other financing sources (uses) Operating transfers in 35,500 9,316 10,588 Operating transfers out 0 0 (36 ~ 870 ) Total other financing sources (uses) 35,500 9,3 t 6 (46,282) Excess of revenues and other sources over expenditures other uses 156,440 35,442 (77,239) Fund balance, 3uly I 3131603 470)043 505)493 Fund balance, 3une 30 $470 ~ 043 $505 ~ 485 $428 ~ 226 13 THE CITY OF SANDY GENERAL FUND BUDGET OF REVENUES AND EXPENDITURES (Years Ending :June 30) 1989 Budl~et 1988 Budl~et Revenues Beginning Balance $ 33# ,600 $ 416,500 Current year taxes 472,600 #45, g00 Prior year taxes 52 q00 #0,000 Franchise fees 95 ~ 000 93,000 Building permits 15. 000 15,000 Business Licenses 15 000 15,000 Plumbing permits 6.000 6,00 Amusement licenses 1 200 1,200 Moving permits 200 200 Liquor licenses 800 $00 State liquor tax 25,000 25,300 State revenue sharing 18,000 19,800 State cigarette tax 13,000 13,000 State 911 10,000 10,TAt0 State planning 0 5,350 State library grant 500 500 County library 93,000 89,300 Senior citizens grant 19,000 20,000 Plan check fees 7,000 6,750 Planning commission 1,500 1,000 Engineering fees 1,000 2,000 Lien searches 1,000 1,500 Police reports 800 1,000 Court fees 55,000 55,000 Library fines 2,000 l ,200 Interest 13,000 10,000 Senior & recreation 24,000 26,000 Miscellaneous 5,000 ~, 000 Property sale revenue 500 1,500 Transfer - Bancroft Fund 0 20,000 Transfer - LID No. 6 0 9,000 Assessment Collection - LID No. 6 8,200 0 Assessment Collection- LID No. 7 27500 0 Total revenues $1,292,800 $1,356, ~00 14 THE CITY OF SANDY GENERAL FUND BUDGET OF ,REVENUF:S AND EXPENDITURES (Years Ending ~lune 30) 198~) Budget 1988 Budget Expenditures City Council $ 8,600 $ 9,200 Administration 71,200 65,770 Legal 1 #, 600 14,300 Municipal court 35,500 32,620 Finance 41,700 45,290 Library 124,800 113,030 Police 451,200 Vl5,020 Animal control 15,900 15,080 Community center 10,900 7,650 Recreation 5#, 800 44,510 Senior citizens 71,200 79,540 Parks 21,300 16,390 Community development 100,600 99,300 State revenue sharing 0 27,800 Grants 500 5,850 Non-departmental 9(;, 000 85,770 Contingency 94,400 108,320 Unappropriated balance 200 ) 000 200 ) 000 Total expenditures $ !, 413,200 $1,391,400 15 GENERAL AND ECONOMIC INFORMATION The City of Sandy, Oregon is located in northwestern Clackamas County approximately 30 minutes driving time from downtown Portland. The City is accessible to the Portland metropolitan area via U.S. Highway 26 (the Mt. Hood Highway) and Interstate 5andy's historical development was heavily dependent on the wood products industry. The economic base has become more diversified in recent years and Sandy continues to benefit from the strong economic growth of metropolitan Portland and Clackamas County. The City's population has grown more than 20% since 1980, reflecting its desirable position as a semi-rural community with easy access to a major urban area. Sandy's growth has also been strongly influenced by its proximity to the Mt. Hood area and that area's recreation attractions. Mt. Hood's ski areas and resorts lie approximately 30 miles from Sandy and users of these areas represent a significant consumer resource for the commercial and retail sectors of the business community. The City has developed two industrial parks aggregating 65 acres of land zoned for light and general industrial use. Both sites are served by all necessary utilities. It is expected that the availability of these sites, coupled with easy access to Portland and a highly skilled labor force, will enable the City to attract additional industry and further diversify its economic base. Population Clackamas Year .%ndy County 1987 3,630 25.5,100 1986 3 , 560 2#8,200 1985 3 .530 2g8,200 198~ 3 .500 2#6,300 [983 3 .q65 2t~3,600 1982 3 ,#25 2#5,100 1981 3,275 285,100 1980 2 .960 2#3,000 1979 2 765 239,800 1978 2 550 233,100 Source: Portland State University Center for Population Research 16 Portland PMSA Employment and Labor Force Statistics May April May 1988' 1955 1987 Civilian Labor Force 6#9, #00 652,900 631,500 Total Employment 617,700 621,300 599,900 Unemployment 31,700 31,600 31,600 Percent of Labor Force ¢ .9% ¢ .8% 5.0% *Preliminary Source: State of Oregon Employment Division The preliminary May, t988 unemployment rate for the State of Oregon was 5.9%. Clackamas County Personal and Per Capita (Thousands of Dollars) Personal Per Capita Year Income Income 1986 $3,936, ¢00 $15,322 1985 3,702,300 l ¢, 630 t 98¢ 3, ¢6¢, ¢00 13,829 1983 3~1¢9,300 12,669 1982 2,976,700 11,979 1981 2,906,900 11,722 Source: U.S. Bureau of Economic Analysis City of Sandy Building Permits Permits Issued Value of Buildinl~ Year Residential Non-Resid. Residential Non-Resid. 1987 11 5 639,194 3¢8,900 1986 9 7 507,288 5#6,933 1985 23 5 I ,¢95,801 I ,659,270 1984 ¢9 I0 1,086,515 2,8¢5,628 1983 1¢ ¢ 729,215 391,690 Source: Oregon Housing Agency 17 Portland Metropolitan Area Nonagricultural Wage and Salary Employment (By Place of Work) Change From May April May April May 1988~ 1988 1987 1988 1987 Total 573,100 568,500 55#,100 0,600 19,000 Manufacturing 98,200 97,000 93,200 800 5,000 Durable Goods 70,000 69,700 66,700 700 3,700 Lumber & wood 7,g00 7,600 7,700 200 100 Furniture and fixtures 1,700 1,600 1,700 100 0 Stone, clay, glass & concrete 2,000 1,900 1,900 100 100 Primary metals 7,600 7,600 6,700 0 900 Fabricated metals 7,900 7,700 7,500 200 tOO Machinery 10,200 10,200 10,100 0 100 Electrical equipment & sup. 9,900 9,800 8,900 100 i ,000 Transportation equip. 9,700 9,500 8,700 200 1,000 Inst. & related prod. 11,300 11,500 11,500 -200 -200 Misc. mfg. industries 2,300 2,300 2,000 0 300 Nondurable Goods 27,800 27,700 26,500 100 1,300 Food & kindred products 7,900 7,900 7,800 0 100 Textile mill products 1,700 1,600 1,600 100 100 Apparel 2,200 2,200 2,000 0 200 Paper & allied products 3,900 3,900 3,800 0 100 Printing & publishing 7,600 7,600 7,100 0 500 Chemicals & allied prod. 1,300 1,300 1,300 0 0 Other nondurable goods 3,200 3,200 2,900 0 300 Nonmanufacturing 070,900 071,100 060,900 3,800 1#,000 Mining & Quarrying 000 000 500 0 -100 Construction 19,900 19,500 18,700 000 1,200 Transportation, Communication, & Utilities 30,800 35,000 30,000 -200 800 Transportation 22,500 22,600 21,900 - 100 60'0 Communication 7,300 7,000 7,100 -100 200 Utilities 5,000 5,000 5,000 0 0 Trade 109,800 108,100 103,600 1,700 6,200 ~I/holesale trade 06,800 06,600 00,900 200 1,900 Retail trade 103,000 101,500 98,700 1,500 0,300 Finance, Insurance & Real Estate 08,400 07,900 0,7,300 500 1,100 Banking & credit agn. 15,100 15,000 10,800 100 300 Other finance, insurance & real estate 33,300 32,900 32,500 000 800 Services & Miscellaneous 101,300 100,700 137,900 600 3,000 Hotel & personal serv. 11,900 12,100 12,000 -200 -100 Health services 39~600 39~600 38~600 0 1 ~000 Other services 89,800 89,000 87,300 800 2,500 Government gO, 300 79,500 78,900 800 l, 000 Federal government 10,600 10,000 10,500 200 100 State government 15,100 15,100 10,600 0 500 Local government 50,600 50,000 09,800 600 gOO Labor-Management Disputes 100 100 100 0 0 *Preliminary Source: State of Oregon Employment division Note: The Portland Metropolitan Area includes Multnomah, Clackamas, Vgashington and Yamhill counties 18 BID OF FINANCIAL ADVISOR The City Council has authorized its financial advisor to submit a bid for the Bonds. LITIGATION There is no litigation pending questioning the validity of the Bonds nor the power and authority of the City to issue the Bonds. There is no litigation pending which would materially affect the finances of the City or affect the City's ability to meet debt service requirements on the Bonds. TAX EXEMPTION In the opinion of Bond Counsel, under existing law, in order that interest thereon be (or continue to be) excluded from gross income for federal income tax purposes, the City must comply with all requirements of the Code subsequent to the issuance of the Series 1988 Bonds. Failure to comply with such requirements could cause the interest on the Series 1988 Bonds to be included in gross income retroactively to the date of issuance of the Series 1988 Bonds. The City has convenanted to comply with such requirements. No opinion is expressed by Bond Counsel regarding other federal tax consequences arising with respect to the Series 1988 Bonds. In the opinion of Bond Counsel, under existing law, the interest on the Series 1988 Bonds is exempt from personal income taxation by the State of Oregon. Prospective purchasers of the Bonds should be aware that (i)with respect to insurance companies subject to the tax imposed by Section 831 of the Code, for taxable years beginning after December 31, 1986, Section 832(b)(5)(B)(i) reduces the deduction for loss reserves by 15 percent of the sum of certain items, including interest on the Series 1988 Bonds; (ii)for taxable years beginning after December 31, 1986 and before January i, 1992, interest on the Series 1988 Bonds earned by some corporations could be subject to the environmental tax imposed by Section 59A of the Code; (iii)for taxable years beginning after December 31, 1986, interest on the Series 1988 Bonds earned by certain foreign corporations doing business in the United States could be subject to a branch profits tax imposed by Section 88# of the Code; (iv) passive investment income including interest on the Bonds, may be subiect to federal income taxation under Section 1375 of the Code for Subchapter S corporations that have Subchapter C earnings and profits at the close of the taxable year if greater than 25% of the gross receipts of such Subchapter S corporation are passive investment income; (v) Section 86 of the Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take into account, in determining gross income, receipts or accruals of interest on the Bonds; and (vi) there may be additional federal tax consequences arising with respect to the Series 1988 Bonds. Bond Counsel will express no opinion regarding federal tax consequences arising with respect to the Series 1988 Bonds other than those set forth above. The accrual or receipt of interest on the Series 1988 Bonds may affect a Bondholder's federal tax liability. The nature and extent of any other federal tax consequences will depend upon the Bondholder's particular tax status or other items of income or deduction. 19 LEGAL MATTERS Legal matters incident to the authorization, issuance and sale by the City of the Bonds are subject to the unqualified approving opinion of Lindsay, Hart, Nell & Weigler, Bond Counsel. A copy of the opinion of Bond Counsel will be printed on the Bonds. Bond Counsel has reviewed this document only to confirm that the portion of it describing the Bonds and matters contained in the Bond Resolution and the authority of the City to issue the Bonds are accurate and complete. RATING As noted on the cover page of this Official Statement, the District has applied for a rating for the Bonds from Moody's Investors Service. The rating reflects only the view of the rating agency and an explanation of the significance of the rating may be obtained from the rating agency. There is no assurance that the rating will be retained for any given period of time or that the rating will not be revised downward or withdrawn entirely by the rating agency if, in its judgment, circumstances so warrant. Any such downward revision or withdrawal of the rating would be likely to have an adverse effect on the market price of the Bonds. 2O APPENDIX A LINDSA¥, ~-IART. NEIL ~: WEIOLEH t00[ FOURTH AV~UE P~ SUITE 1800 Jz~asom P~c~ (S~I~T B~.), SUI~ ~200 ~ S.W. COLUMBIA 350 ~ ~ S~TE ~0 S~. W~H~OTON 98154 POHT~D. OHE~N TELECOPIER (5001 ~6-0079 [40[ N~ YORK AV~UE.N.W. TEL~ SUXT~ 1200 SUXT~ 2200 W~H~O~N. D. C. ~0005 S~ F~CXSCO. C~ 9410~ LEGAL OPINION City of Sandy P. O. Box 1119 Sandy, Oregon 97055 (Original Purchaser) Re: $300,000 City of Sandy Clackamas County, Oregon General Obligation Building Bonds, Series 1988 We have acted as bond counsel in connection with the issuance by the City of Sandy, Clackamas County, Oregon (the "Issuer") of its General Obligation Building Bonds, Series L988 (the "Bonds"), which are dated October 1, 1988, and are in the aggregate principal amount of Three Hundred Thousand Dollars ($30O,O0O). We have examined the law, a duly certified transcript of proceedings of the Issuer, prepared in part by us, and other documents which we deem necessary to render this opinion. We have relied on the certified proceedings and other certifications of public officials regarding quesuions of fact material to our opinion and have not undertaken to verify uhe same by independent investigation. We have not been engaged or undertaken to review The accuracy, completeness or sufficiency of the official statement or other offering material relating to the Bonds, except to ~he extent stated in the official statement, and we express no opinion relating thereto, except to the extent stated ~n 5he official statement. L~Dsx¥. I-Ix~, N~. & WEIGLER Legal Opinion Page 2 Based on our examination, we are of the opinion, under existing law, as follows: A. The Bonds have been legally authorized under and pursuant to the Constitution and Statutes of the State of Oregon. The Bonds are valid and legally binding general obligations of the Issuer. The Issuer has pledged its full faith and credit to the payment of the Bonds. The Bonds are payable from ad valorem taxes which may be levied without limitation as to rate or amount on all taxable property within the boundaries of the Issuer, to the extent necessary funds are not provided from other sources. B. The interest on the Bonds (a) is excluded from gross income for federal income tax purposes and (b) is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, it should be noted that with respect to corporations (as defined for federal income tax purposes), such interest is taken into account in determining adjusted net book income (adjusted current earnings for taxable years ending after December 31, 1989) for the purpose of computing the alternative minimum tax imposed on such corporations and for purposes of computing such corporations' environmental tax liability. The opinion set forth in clause (a) above is subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be (or continue to be) excluded from gross income for federal income tax purposes. Failure to comply with certain of such requirements could cause the interest on the Bonds to ~e so included in gross income retroactively to the date of issuance of the Bonds. The Issuer has covenanted to comply with al! such requirements. The Bonds are not "private activity bonds" under Section i41 of the Code. C. The Bonds are "qualified tax-exempt obligations" under Section 265(b)(3) of the Code, and, in the case cf certain financial institutions under Section 265(b)(5) of The Code, a deduction is allowed for 80 percen~ of that portion of such financial institutions' interest expense allocable to interest on the Bonds. D. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. LINDSAY, H.&ttT, NEll. c~: WEIGLER Legal Opinion Page 3 E. The interest on the Bonds is exempt from Oregon personal income taxation. F. The opinions set forth above are qualified only to the extent that certain rights, remedies and waivers contained in the Bonds and ~he authorizing Bond resolution may be ~imited or rendered ineffective by applicable bankruptcy, ~nso~vency, reorganization, moratorium or other laws or judicial decisions or principles of equity relating to or affecting the enforcement of creditors' rights or contractual obligations generally. Respectfully submitted, LINDSAY, HART, NEIL & WEIGLER Lawyers CWCcwc1274 Seattle Ilii Northwest SECUI~I~ CORPOR/~TION PORTLAND DIVISION 1300 SOUTHWEST FIFTH, SUITE 3030 PORTLAND, OREGON 9720'1 July 3, 1988 John H. Hammond, Jr., Esq. Hutchison, Hammond & Walsh P.O. Box 648 West Linn, OR 97068 Re: City of Sandy General Obligation Bonds Dear Jack: I am writing per our telephone conversation of last Friday in which we discussed the upcoming general obligation bond issue for the City of Sandy. We would be happy to serve the City as financial advisor for that issue and would, if selected, undertake to perform all services usually performed by a financial advisor for similar issues. If selected, we would provide the necessary services for a fee of $5,000 and reimbursement of our out-of-pocket expenses. We would not anticipate that these expenses would exceed $500. The fee quoted represents our minimum fee for such services and would be charged only if bonds were issued and the proceeds received by the City. We would expect to be reimbursed for our expenses regardless of whether the bonds were actually issued. We would be happy to meet with the City and are willing to begin at any time. Please do not hesitate to call if you or the City has questions or you need additional information. Sincerely, Michael A. Lewis Vice President ~ Grant Project Number: 2-88-2 OREGON STATE LIBRARY Notification of Grant Award This contract is entered into by and between the Oregon State Library and the agency designated as "the Performing Agency" in Section I below pursuant to the authority granted to the Oregon State Library under Oregon Revised Statutes 357.005 (2) (i) and 357.031 and in compliance with the provisions of Public Law 98-480, the Library Services and Construction Act, as amended. I. CONTRACTING PARTIES The Receiving Agency: The Oregon State Library The Performing Agency: City of Sandy II. TERMS AND CONDITIONS A. The Receiving Agency agrees to make a grant of monies to be used for the purpose of carrying out the activities described in the Performing Agency's Library Services and Construction Act grant application entitled "Application for FFY 1988 Construction Grant Funds" as approved by the Oregon State Librarian. B. The Performing Agency agrees to administer the grant project in accordance with the provisions of the Library Services and Construction Act, P. L. 98-480, as amended, and with the Education Division General Administrative Regulations (EDGAR), 34 CFR 74 through 78 and 770. C. The Performing Agency agrees to the following with regard to monies granted under this agreement: The Performing Agency will charge expenditures against this grant only if they conform to the grant application cited in Section I1. A. above as approved by the Oregon State Librarian. In all matters pertaining to the expenditure of grant funds in performing the activities specified in this agreement, the Performing Agency will adhere to the Assurances of Compliance made by the Performing Agency as a part of their grant application as cited in Section I1. A. above. D. The Performing Agency agrees to comply with the audit requirements for this grant as contained in OMB Circular A-128, which applies to local governments, or OMB Circular A-110, which applies to institutions of higher education and other non-profit organizations. E. The Performing Agency agrees that monies granted under this agreement will not be used to replace funds appropriated by the Performing Agency for the activities described in the grant application. F. The Performing Agency agrees to submit the following documents to the Receiving Agency as a condition of receiving payments under this grant contract beyond the initial payment: 1. A written library building program. 2. An opinion signed by a legal counsel describing the interest the Performing Agency has or will have in the project site and certifying that the interest is legal and valid. 3. An evaluation of flood hazards in accordance with Executive Order 11988, as required in 34 CFR 75.661. 4. A complete set of final architectural plans and specifications. 5. Final furniture, equipment, and shelving requirements. 6. Tabulation of all bids. 7. Copies of all contracts. G. The Performing agency agrees to secure the specific written approval of the Receiving Agency before obligating or expending grant funds for construction costs. Such approval will be conditioned on the Receiving Agency's review and approval of the final architectural plans and specifications for the project. OREGON STATE LIBRARY _Notification of Grant Award Page 2 of 3 H. The Performing Agency agrees that all library services provided in buildings constructed, expanded, remodeled, or altered using funds granted under this agreement shall be provided free of charge and without discrimination to all members of the community, district or region served by said building. I. The Performing Agency agrees to retain all financial and programmatic records, supporting documents, statistical records, and other records pertinent to this grant for a period of three (3) years beginning on the day in which the final Claim for Payment is filed. Any books, documents, papers, or any other records of the Performing Agency which are pertinent to this grant agreement will be made available to the Secretary of Education and the Comptroller General of the United States, the Oregon State Library, or any of their authorized representatives at all reasonable times during the retention period for the purpose of audits or examinations, or to make excerpts or transcripts of such records. J. The Performing Agency agrees to provide the Receiving Agency with two (2) sets of all promotional materials and other publications or productions resulting from the activities supported, in whole or in part, by funds granted under this agreement. K. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Suspension will be effective thirty (30) days after receipt of written notification from the Receiving Agency. L. The Contracting Parties may terminate this contract by giving written notice at least thirty (30) days prior to the effective date of such termination. III. PAYMENT FOR SERVICES The Performing Agency may obtain payment under this grant agreement by submitting claims for payment on a form to be supplied by the Receiving Agency. Such claims may be made in accordance with the following payment schedule: $38,218.00 upon execution of the agreement and submission of a claim by the Performing Agency; $ 38,218.00 upon commencement of construction and submission of a claim; $19,108.00 upon certification of substantial completion of the project by the project architect, and upon final inspection of the completed facility by a representative of the Receiving Agency, and submission of a claim. Regardless of the ability of the Performing Agency to claim funds under the foregoing payment schedule, the Performing Agency may only claim grant funds to meet projected disbursement needs for a period not to exceed ninety (90) days, and may only claim funds up to the limit of the contract amount as stipulated in Section V. of this agreement. IV. TERM OF TH IS CONTRACT This contract is to begin March 1, 1988 and shall terminate upon payment of the final claim as de'scribed in Section III of this agreement. V. CONTRACT AMOUNT The total amount of this contract shall not exceed the lesser of $95,544 or 50% of the total project cost. Source of funds in this contract: The Library Services and Construction Act, Title II allotment for FFY 1988. The undersigned Receiving Agency does hereby certify that the services to be received as specified above are necessary and essential for activities that are properly within the statutory functions of the Receiving Agency, and that the arrangements and payments contracted for are in compliance with the provisions for Programs of the U. S. Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P. L. 98-480 and the State Library Plan for operation under the Library Services and Construction Act. OREGON STATE LIBRARY Notifica, tion of Grant Award Page 3 of 3 RECEIVING AGENCY PERFORMING AGENCY Oregon State I~ibrary , City of Sandy ~ i ' t,I ; /S~ !, ,~" ~, / ~ By: Wesley A. Doak ?boreas Rebe~- Name Oregon State Librarian C -i V_y Hah ag'e~- Title Date: ~ ~ ~ '~' -- ~,~ Date: 7/.]-9/88 Type the name of the local fiscal officer responsible for accounts from which grant funds are to be paid. Name of fiscal officer Title Address Telephone number HUTGHI$ON, HAMMOND, WALSH, HEi~NDON 8,: DAP~LING- A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JOHN C. HUTCHISON 21790 WILLAMETTE DRIVE JOHN H. HAMMOND, JF~, P O BOX 648 MICHAEL D. WALSH WEST LINN, OREGON 9'7068 TELEPHONE ROBERT D. BERNDON {503) 656-1694 DEANNE L. DARLING July 25, 1988 Mr. Richard D. Roberts Attorney at Law Suite 1800 222 SW. Columbia Street Portland, OR 97201 RE: City of Sandy General Obligation Bond Issue Our File No. 1950.013 Dear Dick: Enclosed is a copy of the lease for a portion of the Stone Building to Walter and Kay Lammers for use as a Sears catalog store. As we have discussed, the lease provides an option for renewal which would allow an extension to March 31, 1992. The option is exercisable at the election of the lessee. I have asked Tom Reber, the City Manager, to give us precise figures on the square footage of the total building as well as the square footage of the portion allocated to the Sears store. Tom has suggested another possible alternative whereby the City would purchase with bond fund proceeds all of the building, with the exclusion of the portion where the Sears store is located. The City would purchase that portion of the building with the City's own funds. If the numbers work out, could we avoid the private involvement problem? As usual, we are very appreciative of your assistance in this matter. Sincerely, John H. Hammond, Jr. City Attorney JHH/kt Enclosure (1) Copy of Lease cc: ~. Thomas Reber City Manager Mr. Michael A. Lewis Seattle Northwest Securities HUTCHI$ON, HAMMOND, WALSH, HERNDON & DAttLINO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JOHN C. HUTCHISON 21790 WILLAMETTE DRIVE JOHN h. HAMMOND, JR. P.O. BOX 648 MICHAEL D. WALSH WEST LINN, ORE(~ON 97068 TELEPHONE ROBERT D. HERNDON 1503) 656-I694 DEANNE L, DARLING MEMORANDUM TO: Thomas Reber City Manager, City of Sandy FROM: John H. Hammond, Jr. City Attorney SUBJECT: Application of Initiative and Referendum Powers to Bond Issue Approvals DATE: July 8, 1988 A question has been posed as to whether a possibility exists for the filing of an initiative or referendum petition concerning the $300,000 general obligation bond issue approval of the voters. It is the opinion of this office that the decision by the voters in this matter is not subject to the initiative and referendum powers. This question was addressed by the Oregon Supreme Court in Yamhill County vs. Dauenhauer, 261 Or 154 (1972). In that case the voters of Yamhill and Marion Counties had voted to approve a bond issue to fund the construction of a bridge over the Willamette River. The Supreme Court determined that the Legislature had provided the statutory authority for the issuance of bonds by the county and once that statutory procedure had been followed resulting in successful election by the voters the expenditure was approved and could not be subsequently rescinded by the initiative and referendum process. The court indicated only if the statutory processes permitted such a rescission would the initiative and referen- dum process be applicable. This is the same situation with which we are faced. The power of cities to issue general obligation bonds derives from statutes. These statutes do not provide for a mechanism for rescission for voter a nd i__ssue____~ ~m~ ~ _~.hn ~:.Hammond, Jr. City Attorney JHH:mb HUTC;HI$ON. HAH~IylOND, WAL$It. ttEI~NDON 8c DAI~LING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JOHN C.HUTCHISON 21790 WILLAMETTE DRIVE JOHN H.HAMMOND, JR. P.O. BOX 648 MICHAEL D. WALSH WEST LINN, OREGON 97068 TELEPHONE ROBERT D. HERNDON (SO3) 656-1694 DEANNE L. DARLING July 8, 1988 Mr. John Kauffman Clackamas County Clerk Clackamas County Courthouse 807 Main Street Oregon City, OR 7045 RE: City of Sandy General Obligation Bond Issue Our File No. 1950.013 Dear John: As you are aware the City of Sandy by a mail-in election on June 28, 1988, approved a $300,000 general obligation bond issue for library and police purposes. I have prepared a certificate relating to the time when you received the bond issue resolution in your office. If the form is acceptable I would appreciate your signing it and returning it to this office. I would also appreciate your providing me with the following additional material: (1) sample oath of county elections clerk; (2) copy of facsimile ballot; and (3) af- fidavit of publication of facsimile ballot. These materials are necessary for the transcript of the bond issue. Thank you very much for your assistance in this regard. Sincerely, John H. Hammond, Jr. City Attorney JHH:mb Enclosure (1) Certificate cc: Mr. Thomas Rebe~/ City Manager, City of Sandy July 12, 1988 OF: SANDI'S HALLMARK BUILDING 38980 PROCTOR BOULEVARD SANDY, OREGON 97055 FOR: TOM REBER CITY OF SANDY P.O. BOX 116 SANDY, OREGON 97055 HAZ¢ON, mc. HEALTH HAZARD CONTROL SERVICES SUITE 107 16325 SW BOONES FERRY ROAD LAKE OSWEGO, OREGON 97035 (503) 636-7371 I HAZARD CONTROL SERVICES July 12, 1988 Tom Reber City of Sandy P.O. Box 116 Sandy, Oregon 97055 Dear Mr. Reber: Enclosed are two copies of the Investigative Survey of the Sandi's Hallmark building located at 38980 Proctor Boulevard. Please call me if you have any questions. Thank you for letting us be of service to you. S2rely' ~ Randy Rose, I.H.T. HEALTH HAZARD CONTROL SERVICES RR/jle encl. 16325 SOUTHWEST BOONES FERRY ROAD SUITE 107 LAKE OSWEGO, OREGON 97035 503/636-7371 / I I I I Sandi's Hallmark building is a wood and concrete structure built in the early 1970's. I The interior partition walls are wood framed overlai4da,W, ith sheetrock and / or paneling. The ceilings are either suspended 24" x ceiling tiles, textured sheetrock, and / or latex painted sheetrock. IThe floor coverings are a combination of carpet, floor tile and linoleum, with some hardwood flooring in the loft area. I I I I I I I I I I I i I / TITLE PAGE FACILITY DESCRIPTION i ABSTRACT 1 INTRODUCTION · History of asbestos in building materials 2 · Health effects associated with asbestos 2 · Regulatory overview 3 SURVEY · Scope 4 · Methodology 4 · Data summary 5 APPENDIX I -- Survey data APPENDIX II -- Glossary APPENDIX IH -- Laboratory documentation APPENDIX IV -- Bibliography TITLE PAGE FACILITY DESCRIPTION i ABSTRACT 1 INTRODUCTION · History of asbestos in building materials 2 · Health effects associated with asbestos 2 · Regulatory overview 3 SURVEY · Scope 4 · Methodology 4 · Data summary 5 APPENDIX I -- Survey data APPENDIX II -- Glossary APPENDIX IH -- Laboratory documentation APPENDIX IV -- Bibliography An Investigative Survey of Sandi's Hallmark building, 38980 Proctor Boulevard, Sandy, Oregon, was conducted July 7, 1988 by HAZCON, Inc. The purpose of the survey was to determine if asbestos containing material (ACM) were present and where they were located. Of the seven samples taken from the building, only the old 9" x 9" floor tile (Sample SO6) found under the carpet of the first lower level room contained asbestos. It contained 9% Chrysotile. The Environmental Protection Agency (EPA) considers any material with an asbestos content of 1% or greater to be a potential health hazard. [NTR©DUCT[©N HISTORY OF ASBESTOS IN BUILDING MATERIALS The heat resistant qualities of asbestos were known to the Greeks and Romans in ancient times. The modem asbestos industry dates back to the late 1800's, when large deposits were discovered in Quebec, Canada. The first commercial mine was opened there in the 1800's. The first important use of asbestos was thermal (heat) insulation. Asbestos insulation for steam pipes and boilers of ships became common after 1900. During the 1940's new asbestos products were developed for fireproofing and acoustical applications which could be sprayed onto building components. More than half of the large buildings which were constructed between 1950 and 1970 contain some form of sprayed ACM. In all, asbestos has been used in more than 3,000 products. These include fireproofing, roofing and flooring materials, textiles, electrical conduit, shingles, ceiling textures, taping compounds and insulation for homes, schools and commercial building. A potential health hazard exists to occupants of buildings containing asbestos. The severity of this hazard depends a great deal on the condition of the material. Asbestos containing materials (ACM) in poor condition, located in high traffic areas may pose a serious hazard. HEALTH EFFECTS ASSOCIATED WITH ASBESTOS As the use of asbestos was becoming more common, its health effects were becoming better known. The disease called asbestosis was widely recognized in the medical community by 1935. Asbestos exposure had been related to incidences of lung cancer by 1947 and accepted as a cause of rnesothelioma by 1965. The danger of asbestos comes from breathing very small fibers. If large quantities of asbestos fibers enter the lungs, serious disease may develop. 2 REGULATORY OVERVIEW Asbestos hazards are regulated by several different federal, state and local govemment agencies and laws. Environmental Protection Agency (EPA) The Environmental Protection Agency regulates the removal and disposal of asbestos materials from buildings under the National Emissions Standards For Hazardous Air Pollutants (NESHAPS) Regulations. NESHAPS requires written notification of the enforcing agency prior to the removal of ACM. The regulations require that removal be performed using wet techniques, waste be transported in leak-tight containers and be disposed of at approved landfills. The NESHAPS regulations in Oregon are enforced by the Department of Environmental Quality (DEQ), except in Lane County which has its own Regional Air Pollution Control Authority. Occupational Safety and Health Administration (OSHA) OSHA regulates worker safety and health and has rules which specifically govem asbestos removal in buildings under the Asbestos-Construction Regulations. These rules are enforced in Oregon by the Accident Prevention Division (APD) of the Department of Insurance and Finance. Prior notification of APD is not required although pre-job conferences are often helpful for obtaining agency interpretations of difficult projects. 3 SU ¥EY SCOPE An investigative survey of Sandi's Hallmark building was conducted on July 5, 1988 by HAZCON, Inc at the request of Tom Reber. This report is intended to determine whether accessible asbestos containing materials are present and provide identification by location and type of material. The survey was conducted by Randy Rose IHT under the supervision of Richard H. Krause, CIH. METHODOLOGY A walkthrough inspection of accessible areas of the building was performed to identify suspect ACM. Materials which were buried, enclosed behind walls or plaster ceilings, or under metal jackets, etc. were not investigated. This represented common areas of the building including utility spaces. Surfacing and miscellaneous materials on ceilings walls and structural elements of the building were examined. Upon identifying a suspect material, its location and type were noted. Then using several methods, including coring tools, representative samples were obtained. Insulation materials on the building's heating and plumbing systems were also checked for asbestos. No suspect asbestos containing building materials were found at this time. All samples were taken in accordance with EPA guidelines to minimize potential contamination to the surrounding area. The samples were placed in appropriately labeled containers and submitted to the HAZCON Analytical Laboratory for analysis by Polarized Light Microscopy. The HAZCON laboratory conducts its bulk asbestos analysis according to EPA protocol and is a successful participant in the EPA Quality Assurance Program. 4 DATA SUMMARY Pictures of each sample location, its description and percentage of asbestos is provided in Appendix I. The following table summarizes the analytical results of the sampled material. Sample # Location Material % Asbestos S01 Loft, Alteration Room Linoleum 0% Adjacent to kitchen, left side of room S02 Loft, Alteration Room Linoleum 0% Adjacent to kitchen, right side of room S03 Loft, Kitchen, at entry_ Linoleum 0% S04 Loft, Bathroom, Right of Toilet 12" x 12" Floor Tile 0% S05 Lower Level, Above window Textured Ceiling Facing Parking Lot Material 0% S06 Lower Level, Under carpet 9" x 9" Floor Tile 9% Left of Steps Chrysotile S07 Lower Level, Above Steps 24" x 48" Ceiling Tile 0% to card Store The scope of the survey did not include an in depth assessment of the material condition. Most of the materials found were in good condition. By Oregon regulations if and when future repairs or renovations occur that the ACM is either not disturbed or handled in accordance with all state and federal regulations. 5 SURVEY DATA HAZCON INC. 16325 S.W. Boones Ferry Rd., Suite 107 HEALTH HAZARD CONTROL SERVICES Lake Oswego, Oregon 97035 (503)636-7371 BULK SAMPLE DATA SHEET - ASBESTOS Project #: 297 FIRM: LOCATION: Samples 7 Log #: 3804 CITY OF SALEM PROCTOR BUILDING JOB #38980 LAB # LOCATION: LOFT, ALTERNATION ROOM, ADJ. TO KITCHEN, LEFT SIDE OF ROOM. CG50 SOURCE: LT-LINOLEUM TILE M AT E R IA L :OFF-WHITE WITH GOLD SPARKLES ON SURFACE, COMPOSED OF WHITE AND BLACK LAYERS CONTAINING SHORT RIBBON-LIKE FIBERS, (CELLULOSE). SAMPLE # S01 RESULTS: NO ASBESTOS % OTHER FIBERS % CHRYSOTILE ASBESTOS % AMOSITE ASBESTOS 55 CELLULO~:~ LAB # LOCATION: LOFT, ACTOR ROOM, ADJ. TO KITCHEN, RIGHT SIDE OF ROOM. CG51 SOURCE: LT-LINOLEUM TILE M AT E R I A L: BLACK LINOLEUM WITH ORANGE AND WHITE MARBLING AND CONTAINING SHORT OFF-WHITE RIBBON-LIKE FIBERS AND BUNDLES, (CELLULOSE) AND WITH A WOVEN BURLAP SAMPLE # BACKING OF TAN, COARSE, FLAT FIBERS (SISAL ~ 40% OF TOTAL) IN A LIGHT BROWN S02 GLUE OR MASTIC. RESULTS: NO ASBESTOS % OTHER FIBERS % CHRYSOTILE ASBESTOS % AMOSITE ASBESTOS 3 C~IIULOSE 40 SISAL LAB # LOCATION: LOFT, KITCHEN AT ENTRY CG52 SOURCE: LT-LINOLEUM TILE M AT E R I A L: BROWN AND PEACH MARBLED LINOLEUM, FINE GRAINED, LAMINATED, AND CONTAINING SHORT RIBBON-LIKE FIBERS. BLACK TAR PAPER BACKING WITH RIBBON-LIKE FIBERS, SAMPLE # S03 (CELLULOSE) AND VARICOLORED SMOOTH SIDED FIBERS (SYNTHETIC). RESULTS: NO ASBESTOS % OTHER FIBERS % CHRYSOTILE ASBESTOS % AMOSITE ASBESTOS 1 0 CELLULOSE(LINOLEUM) 60 CELLULOSE (OF BACKING) 5 SYNTHETIC (OF BACKING) Turn Sampled by: R. ROSE Date: 7/7/88 ComDanv: HAZCON around: Received by: R. ROSE Date: 7/7/88 REG. Analyzed by: M. BULL Date: 7/8/88 SIGNED All bulk samples are analyzed using Polarized Light Microscopy (PLM) and dispersion staining by trained technicians participating in the EPA/RTl/NBS bulk analysis quality assurance programs (Lab number 0357). Analyses are cross-checked with other technicians in-house and other laboratories for quality assurance and verification. HAZCON INC. 16325 S.W. Boones Ferry Rd., Suite 107 HEALTH HAZARD CONTROL SERVICES Lake Oswego, Oregon 97035 (503)636-7371 BULK SAMPLE DATA SHEET - ASBESTOS Project 8: 297 Samples 7 Log 8: 3804 FIRM: LOCATION: CITY OF SALEM PROCTOR BUILDING JOB #38980 LAB # LOCATION: LOFT, BATHROOM, RIGHT OF TOILET. CG52 SOURCE: FT-FLOOR TILE- 12X12 M AT E R I A L: WHITE FLOOR TILE WITH GOLD MARBLING, 50°/, LIMESTONE FILLER, AND TRACES OF WOOD CHIPS AND VAR I COLORED RIBBON-LIKE FIBERS, (CELLULOSE) IN THE GLUE ON THE SAMPLE # BOTTOM SURFACE. S04 RESULTS: NO ASBESTOS % OTHER FIBERS % CHRYSOTILE ASBESTOS % AMOSITE ASBESTOS 2-3 CELLULOSE(SURFACE) TRACE SYNTHETIC (SURFACE) LAB # LOCATION: LOWER LEVEL ABOVE WINDOW FACING PARKING LOT. CG53 SOURCE: TEXTURED CEILING MATERIAL M ATE RIAL:WHITE SYNTHETIC FOAM COATED WITH WHITE PLASTER. TRACES OF OFF-WHITE RIBBON-LIKE FIBERS. SAMPLE # S05 RESULTS: NO ASBESTOS % OTHER FIBERS % CHRYSOTILE ASBESTOS % AMOSITE ASBESTOS TRACE Cr:~ULOSE LAB # LOCATION: LOWER LEVEL UNDER CARPET, LEFT OF STEPS. CG54 SOURCE: FT-FLOOR TILE M AT E R I A L: REDDISH BROWN FLOOR TILE, SLIGHTLY FOLIATED, WITH 7% MINERAL GRAINS AND WHITE WAVY FIBERS AND FIBER BUNDLES, (CHRYSOTILE). BLACK STICKY MASTIC WITH SPARSE SAMPLE # WHITE FIBERS, (SYNTHETIC). S06 RESULTS: % OTHER FIBERS % CHRYSOTILE ASBESTOS % AMO$1TE ASBESTOS TRACE CE. LLULCC:~ 9 TRACE SYNTHETIC(MASTIC) Turn Sampled by: R. ROSE Date: 7/7/8 8 ComDanv: ~ around: Received by: R. ROSE Date: 7/7/88 REG Analyzed by: M. BULL Date:7/8/88 SIGNED ~ '~~ All bulk samples are analyzed using Polarized Light Microscopy (PLM) and dispersion staining by trained technicians participating in the EPA/RTl/NBS bulk analysis quality assurance programs (Lab number 0357). Analyses are cross-checked with other technicians in-house and other laboratories for quality assurance and verification. HAZCON INC. 16325 S.W. Boones Ferry Rd., Suite 107 HEALTH HAZARD CONTROL SERVICES Lake Oswego, Oregon 97035 (503)636-7371 BULK SAMPLE DATA SHEET - ASBESTOS Project #: 297 Samples 7 Log #: 3804 F IR M: LOCATION: CITY OF SALEM PROCTOR BUILDING JOB #38980 LAB # LOCATION: LOWER LEVEL, ABOVE STEPS TO CARD STORE. SOURCE: CT-CEILING TILE - 24X48 M AT E R I A L: OFF-WHITE FOLIATED MASS OF WHITE, RIBBON-LIKE FIBERS, (CELLULOSE); CLEAR RODS, SAMPLE # EXOTIC SHAPES, AND BEADS, (GLASS WOOL), AND WHITE BALLS AND PIECES OF FOAMED GLASS, (20%). S07 RESULTS: NO ASBESTOS % OTHER FIBERS % CHRYSOTILE ASBESTOS % AMOSITE ASBESTOS 40 C[:IIULOSE 40 GLASS WOOL LAB # LOCATION: SOURCE: MATERIAL: SAMPLE # RESULTS: % OTHER FIBERS % CHRYSOTILE ASBESTOS % AMOSITE ASBESTOS LAB # LOCATION: SOURCE: MATERIAL: SAMPLE # RESULTS: % OTHER FIBERS % CHRYSOTILE ASBESTOS % AMOSITE ASBESTOS Turn Sampled by: R. ROSE Date: 7/7/88 ComDanv: HAZCCN around: Received by: R. ROSE Date: 7/7/88 , , ~ REG Analyzed by: M. BULL Date: 7/8/88 SIGNED All bulk samples are analyzed using Polarized Light Microscopy (PLM) and dispersion staining by trained technicians participating in the EPA/RTl/NBS bulk analysis quality assurance programs (Lab number 0357). Analyses are cross-checked with other technicians in-house and other laboratories for quality assurance and verification. ASBESTOS SURVEY DATA SHEET Log # 3804 Project # 297 Photo # 1 Bulk Sample # S01 Asbestos Content: 0~ Other Fibers: 55 % CELLULOSE Location: LOFT, ALTERATION ROOM, ADJACENT TO KITCHEN, LEFT SIDE OF ROOM. Material Source: LINOLEUM Observations: N/A 7/12/88 / ASBESTOS SURVEY DATASHEET Log # 3804 Project # 297 Photo # 2 Bulk Sample # S02 Asbestos Content: o~ Other Fibers: 3% CELLULOSE 40% SISAL Location: LOFT, ALTERATION ROOM, ADJACENT TO KITCHEN, RIGHT SIDE OF ROOM. Material Source: LINOLEUM Observations: N/A/ 7/12/88 ASBESTOSSURVEYDATA SHEET Log # 3804 Project # 297 Photo # 3 Sample S03 Bulk # Asbestos Content: o% I Other Fibers: 10% CELLULOSE I OF BACKING: 60% CELLULOSE 5% SYNTHETIC I Location: LOFT, KITCHEN, AT IENTRY. IMaterial Source: LINOLEUM I I Observations: N/A I I 7/12/88 I ASBESTOS SURVEY DATA SHEET Log # 3804 Project # 297 Photo # 4 Bulk Sample # S04 Asbestos Content: o% Other Fibers: 2-3 % CELLULOSE (SURFACE) '~ ..... ~'! TRACE SYNTHETIC (SURFACE) Location: LEFT OF BATHROOM, RIGHT OF TOILET. Material Source: 12" X 12" FLOOR TILE Observations: N/A 7/12/88 / ASBESTOS SURVEY DATA SHEET Log # 3804 Project # 297 Photo # 5 Bulk Sample # S05 Asbestos Content: .:.., 0% Other Fibers: TRACE CELLULOSE Location: LOWER LEVEL, ABOVE WINDOW FACING PARKING LOT. Material Source: TEXTURED CEILING MATERIAL. Observations: 7/12/88 I I ASBESTOS SURVEY DATA SHEET I Log # 3804 I P roject # 297 Photo # 6 I B ulk Sample # S06 Asbestos Content: I 9 % CHRYSOTILE I Other Fibers: TRACE CELLULOSE ITRACE SYNTHETIC I Location: LOWER LEVEL, UNDER ICARPET, LEFT OF STEPS TO CARD STORE. I IMaterial Source: 9" X 9" FLOOR TILE I I Observations: N/A I I I I I 7/12/88 I I ASBESTOS SURVEY DATA SHEET I Log # 3804 I P roject # 297 Photo # 7 I B ulk Sample # S07 Asbestos Content: I o% I Other Fibers: 40% CELLULOSE I40% GLASS WOOL I Location: LOWER LEVEL, ABOVE I S TEPS TO CARD STORE. I IMaterial Source: 24" x 48" CEILING TILE I I Observations: N/A I I I I I 7/12/88 I APPBND~X H GLOSSARY of TERMS ACCESSIBLE material which is subject to disturbance by building occupants or custodial or maintenance personnel in the course of their normal activities ASBESTOS the asbestiform (fibrous) varieties of chrysotile, crocidolite, amosite, actinolite, anthophyllite and tremolite ASBESTOS CONTAINING MATERIAL (ACM) any material or product which contains more than 1% asbestos ASBESTOS CONTAINING BUILDING MATERIAL (ACBM) surfacing ACM, thermal insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a building ASBESTOSIS a disease characterized by gradually progressive shortness of breath caused by a scarfing of lung tissue resulting from excessive asbestos fiber exposure ENCAPSULATION the treatment of ACBM with a material that surrounds or imbeds asbestos fibers in an adhesive matrix to prevent the release of fibers, through penetration or a surface coating ENCLOSURE an airtight, impermeable, permanent barrier around ACBM to prevent the release of fibers in an adhesive matrix to prevent the release of asbestos fibers into the air FIBER RELEASE EPISODE any uncontrolled or unintentional disturbance of ACBM resulting in visible emission FRIABLE material which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure FUNCTIONAL SPACE a room, group of rooms, or homogenous area such as classrooms, hallways, cafeterias and gymnasiums HEPA a filtering system capable of trapping and retaining at least 99.97% of all monodispersed particles 0.3 microns in diameter and larger HOMOGENOUS AREA an area of surfacing material, thermal system insulation or miscellaneous material that is uniform in color and texture MESOTHELIOMA a rare cancer of the chest cavity lining, primarily found in workers exposed to asbestos MISCELLANEOUS MATERIAL interior building material on structural components, structural members or fixtures such as floor and ceiling tiles and does not include surfacing material or thermal system insulation NONFRIABLE material in a building which when dry, may not be crumbled, pulverized or reduced to a powder by hand pressure OPERATIONS AND MAINTENANCE PROGRAM program of work practices to maintain friable ACBM in good condition, ensure clean up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or damage POTENTIAL DAMAGE circumstances in which friable asbestos is in an area regularly used by building occupants and/or there is a reasonable likelihood that the material or its covering may become damaged, deteriorated or delaminated POTENTIAL SIGNIFICANT DAMAGE material is subject to major or continuing disturbance due to factors including but not limited to accessibility or under certain circumstances, vibration or air erosion PREVENTIVE MEASURES actions taken to to reduce disturbance of ACBM or otherwise eliminate the reasonable likelihood of the material's becoming damaged or significantly damaged REMOVAL the taking out or stripping of substantially all ACBM from a damaged area, a functional space or a homogenous area in a building -- wet removal is required by the EPA REPAIR retuming damaged ACBM to an undamaged condition or to an intact state so as to prevent fiber release RESPONSE ACTION a method, including removal, encapsulation, enclosure, repair and operations and maintenance that protects human health and the environment from friable ACBM SMALL-SCALE, SHORT DURATION ACTIVITIES examples -removal of asbestos containing insulation on pipes -removal of small quantities of asbestos containing insulation on beams or above ceilings -replacement of an asbestos containing gasket on a valve -installation or removal of a small section of drywall -installation of electrical conduits through or proximate to asbestos containing materials -removal of small quantities of asbestos containing materials only if required in the performance of another maintenance activity not intended as asbestos abatement -removal of asbestos containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glove bag -minor repairs to damaged thermal system insulation which do not require removal -repairs to a piece of asbestos containing wallboard -repairs involving encapsulation, enclosure or removal to small amounts of friable ACM only if in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement SURFACING MATERIAL material in a building that is sprayed on, troweled on, or otherwise applied to surfaces such as acoustical piaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes THERMAL SYSTEM INSULATION material applied to pipes, fittings, boilers, breeching tanks, ducts, or other interior structural components to prevent heat loss or gain or water condensation LABORATORY DOCUMENTATION The HAZCON Bulk Asbestos Analysis Laboratory is a fully equipped facility, staffed by analysts who have been trained in nationally recognized schools in Polarized Light Microscopy. The laboratory has thorough Quality Control procedures and is also accredited under the EPA Interim Asbestos Bulk Sample Analysis Quality Assurance Program. Analyst Qualifications HAZCON microscopists receive their training at the McCrone Institute or Microlab Northwest, two nationally recognized schools which teach asbestos identification using Polarized Light Microscopy (the method prescribed by the EPA). The training includes the study of the morphological characteristics of asbestos and other fibers. Crystallography and dispersion staining techniques are taught and practiced. Upon completing the required coursework, the analysts undergo an apprenticeship period under the guidance of senior microscopists. Independent work is commenced at the successful conclusion of this period. Equipment The EPA recommends the Polarized Light Microscopy (PLM) method for identification of asbestos in building materials. The HAZCON Laboratory equipment includes stereoscopes, polarizing scopes equipped with McCrone central stop objectives, and a variety of tools used for mounting and preserving samples. Analytical methodology Upon submission to the laboratory, samples are logged in and assigned to a microscopist. The sample is observed and described visually, including layer and strata quantification. A representative portion of the sample is examined under low magnification with a stereoscope to determine the presence of fiber, types and rough quantities. The sample is then mounted in a variety of dispersion oils of known refractive index. Examination proceeds to classify all fibers according to morphology. Crystalline structure is determined by the use of polarized light. The final test for determination of asbestos content is through dispersion staining whereby asbestos fibers will exhibit predictable colors in oils of known refractive index. This final step is the crucial, and requires an experienced microscopist to obtain accurate and consistent results. Quality Assurance Program Several steps are taken to assure quality in the laboratory. · Analysts are encouraged to compare results and assist each other on difficult samples. · Five percent of all samples analyzed are sent to another laboratory for quality control confirmation. · Successful participation of EPA Interim Asbestos Bulk Sample Analysis Quality Assurance Program. · Application submitted for BNS accreditation as required under EPA-AHERA. Why PLM? · Detecting and identifying chrysotile, amosite and crocidolite to one percent may only be done microscopically. · Chemically similar substances only differ in microscopic shape or optical features. · PLM was used to discover, characterize and name asbestos minerals before x-ray or electron diffraction were invented. Only chemical analysis and microscopy were available. · PLM allows quick, confident and conclusive analysis of the various asbestos minerals. A??END IX BIBLIOGRAPHY USEPA 1980 U.S. Environmental Protection Agency. Asbestos-containing Materials in School Buildings: Guidance for Asbestos Analytical Programs. Washington, DC: Office of Toxic Substances, USEPA. EPA 560/13-80-017A. USEPA 1985a U.S. Environmental Protection Agency. Guidance for Controlling Asbestos- containing Materials in Buildings. Washington, DC: Office of Toxic Substances, USEPA. EPA 560/5-85-024. USEPA 1985b U.S. Environmental Protection Agency. Asbestos in Buildings: Statistical Background for Sampling Friable Surfacing Materials. Washington, DC: Office of Toxic Substances, USEPA. EPA 560/5-85-030b. USEPA 1985c U.S. Environmental Protection Agency. Asbestos in Buildings: Guidance for Service and Maintenance and Service Personnel. Washington, DC: Office of Toxic Substances, USEPA. EPA 560/5-85-018. C~"~"1~ O~ December 6, 1988 P.O. SOXlll9 SANDY, OREGON 97055 Telephone 668-5533 M. Stearns Construction 8030 NE Clackamas Portland, OR 97213 Dear Sirs: At a special meeting on November 30, 1988, the Sandy City Council re3ected all bids on the renovation and remodeling of the Sandy Library/Police Building. The tabulation of bids is enclosed. Also enclosed is your bid bond. The City of Sandy thanks you for your time and effort in preparing your bid. Sincerely, June Peterson City Recorder MW:med Enc. cc: Ken Reinke Mike Walker NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. RENOVATION AN~D REMODELING SANDY LIBRARY/POLICE BUILDING BID SCHEDULE AND PROPOSAL TO the Mayor and City Council Sandy, Oregon Gentlemen: The undersigned bidder declares that he has carefully examined the attached bid documents for Renovation and Remodeling Sandy Library,' Police Building in the City of Sandy as designated in the Notice to Contractors; that he has made such investigations as are necessary to determine the conditions to be encountered independently of the indications contained herein and that if this Proposal is accepted, he will contract with the City of Sandy, Oregon in the form of contract hereto annexed; will, to the extent of his bid, furnish all labor, materials and equipment necessary to complete the work as specified. The undersigned further agrees to begin work within five (5) days after the Notice to Proceed and to complete the construction in all respects no later than outlined in Division I, Section H-16.B. The undersigned also agrees to pay as liquidated damages to the City for any delay the sum of ONE HUNDRED DOLLARS ($100.00) per working day (Saturdays, Sundays and legal holidays excepted) required for completion beyond these specific dates. The Bidder submits'and proposes the following Lump Sum Bid Item Description and Price 1. Renovation and Remodeling as described in the Plans and Specifications attached to and incgrporated in this document the sum o~// ~9~.. ~_~. c'_9 Dollars oO TOTAL AMOUNT Or BID $ /gg. 60S / AMOUNT OF LIQ. DAMAGES IN BASE BID Submitted By: · ADDITIONAL CALEND~AR/fD~YS TO C~Q~I~F+T~L%B Name of Bidder M. Stearns Construction uO./A~clress mo3o ~m u±acKakas -""- .o~t~ana Signature of Authorized Ages. ,,,,,,,,,,~_ . e Fresident Stearns CONTRACTORS BONDING AND INSURANCE COMPANY I KNOW ALL MEN BY THESE PRESENTS: That we .... _M.. Stearns Construction Co.: Inc. as Principal, (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto City Of Randy F~ve Percent Of Total Amount Bid/Amount Bid Not To as Obligee, (hereinafter called the "Obligee"), in the ~um of not to exceed Exceed Twelve Thousand Five Hundred Dollars .............. Dollars ($ -- .2,500.00- - ), for the paYment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Po 1 i ce & L i brary Remo~le 1 NOW, THEREFORE, ff the Obligee shall accept the bid of the Principal and the Prindpal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the permlty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of ~ A.D. 19 88 M. Stear~s/Cbns,tru/_j~n Co., !n.c. /~ (Seal) - - Tittet Contractors Bonding and Insurance Company Surety I/ A.I.A. Document No A-310 Feb~ 19~ E~n II40 B~CBBI.02-USI0~7 I' W~on: 1213 V~I~ Street, P.O, ~x 9271, ~attle. ~A 981~271, (2~}622-7053 or WA WA~ }8~)552-72~, F~ {2~)682-1558 ~on: 901 SE Oak Si., Suite 208, P.O. ~ 12053, Poal~d, OR 97212~53, {503]232~ or OR WA~ {8~}452-8505, F~ [~3}232-2153 A~na: ~1 Noah Third Streci, Suite ~, PO. ~x 16597, Phenix, ~ 8~11-6597, [~2]279-~ or ~ WA~ (800}832-2277, F~ i~2}277-~5 Nntiong WA~: LIMIT.q) POWER OF A~OR,NEY READ CAREFULLY CONTRACTORS BONDINe AND INSURANCE COMPANY 15 RESI;'ONSIELE ONLY FOR THE BOND OESORiBED AND UP TO THF AMOLIN'~ ,SET FORTH IN THIS LIMITED POWER OF ATTORNEY, ANY ERASURE WILL VOtD THIS POWER OF A'Iq'ORNEY, tF YOU HAVE ANY QUESTIONS AaOUT OR WANT TO VERIFY THIS POWER OF ATTORNEY CALL CONTRACTORS BONDING AND INSUFLANCE COMPANY TOLL FREE AT l(~OOj4L:~N9949 penal$.msjO,OO_p. OO ..... A,omeyNo .ORO01 ..... Powe~ No. .006091 BondNo., BID -~---~~~/-'"'"'~¢'/~-~'~"~----'/'~-. MI'CHAEL L. 30HNSON klol~'oved N~me ol Principal:~1. 5TE/FRN5 CON5?RUCTi'ON CO., INC. Nam~ of O~i~ CITY OF SANDY De~,~,on: .. POLICE & LIBRARY REMODEL ¢:~ m ~a~. King Count, Wash~nglon, d~5 ~ Be~ Fe~n~ ~e, c~s~l~ and ~i~ GEORGE k MAN~IELD df Podl&qO, Or~n ~S U~ a~d ta~ul ~rn~.~la~. ~h ~1~ ~s made unCr Cd ~y aut~ritl of Ih~ I~lCwing r~at~ ~opted by the ~ard Of b~lector~ Of CONT&~ORS BOND,S AND INSU~NC[ COMPLY o~ J~ 4.1~. ~[SOLVED Ihat ~ Pce~ent ~s a~r~ ~ ~pol~t ~ ~orn~',h.l~t ol ~ Company GEORGE A MANSRELD w~ ~er and agthori~ lO ~ On beha~ of the C~pa~y whic~ may from l~me Jo time ~ appr~eO ay ~e D~or of UnOerwdmO. Secreta~, President Or ~ttf Exec[~ ~¢er of the Cool,ny, iff s~h pane~ ~ms ~d accordi~ aS may ~ ~PP;~d by Ibc Diderot et Unde~i~, Sec~', Pr~de~ ot 6~¢ E~ecutlve 0ffic~ of ~e O~lO; of Un~Jl;~g, lhe Sectary, Pr~enl Or t~ C~ Ex~V~ ~cer OI the 60~ny. RE~LV[D FURTNER t~t lhe C~et Exo~e OfficU. P~id~L ~cte~ ~ Die.tar ~ Un~rwdtinO of ~ Comfy i~ aulhodzed Io ~blish a ~ e~ratmn OCe for ~e PO~ ad~ to ~ ~t d~:e ~om time to I~e ~ Ihe C~f E~i~ O~i~r, Presi~m, S~r~srt or D~tor of U~s~it~g O~ms nece~ ~ hm So~ d~re~; ~ ~i~le ~ c~r~ ~ to~h m any wri~en Po~r ~ A~nW. RESOLED F~TMER t~ UnOer nu ~r~m~a~es shal! (a) I~ ~n~a~ amount lot any b~, payroll Oadormance. or comOl~ion ~1 ~d ~dOrm~¢e ~nd exce~ $1,~,~ ~ ~ ~d ~s ~uaranl~ ~ the Small ~ne~ Ad~niStr~iou; (b) Ime ~i sum of m~y ~nC not gu~ra~eed by ~ ~ma!l ~sine~5 Ad~nistmb~ (~ ~an a b~ ~ which ~ lun~ ~1~ ~c)l e~ $I.~.~; a~ (c) a Oid ~nd ~ich ~ ~I g~mn[e~ by the SmaIl Bu~ ~mmi~ra~J~n ~ e~¢~ to~ a ~b where, iI me control ~ a~, I~ ~ ~na~y on ~n~ paym~ ~nd or COmbination pedm~n~ a~d ~ent bond ~ ~ excc~ed put.ant Ip t~ ~d bond ~ to exce~ S1,~,~ Ihe Compaq. Donald Sitka, Sleven A ~infl, a~ MichEl L JOhnson CONTRACTORS 8~D INSU~NC[ COMPANY ~ ~ ~ ~ STAT[ O~ WASHIN~0N - COUN~ 0~ KING On ~ 4~ ~ O~ J~3' la~. ~e~0~ ap~ar~ DONALD SiRK~, STEVEN A GAINES, MARO ~~ICHAEL L JOHNSON. Io me known Io ~ th~ G~leJ [xe;~ve ., . ..~¢; ~ ~'.-- ~ or w~S~" Th~ L)n~, ~ ~nOef au~Dr~' of ~ ~ard Of Otr~CJors O* CONT~CTO~S BONDING AND INSURANCE COMPANY. h~,y cedillas, in I~e~ Of Ce~f~St8 Of ~ ~cr~a~ al 6,v~u,~,~,~ .... ~EATT~E, NA~HINGTON ~t,,s. 17TH ._¢y¢ NOVEHBER '~¢ 8~. ~--~~ PoaG~I.~.Z~t~ C~"T~' O~' December 6, 1988 P.O. BOX 1119 SANDY, OREGON 97055 Telephone 668-5533 Michael J. Watt, Inc. PO Box 02374 Portland, OR 97202 Dear Sirs: At a special meeting on November 30, 1988, the Sandy City Council re3ected all bids on the renovation and remodeling of the Sandy Library/Police Building. The tabulation of bids is enclosed. Also enclosed is your bid bond. The City of Sandy thanks you for your time and effort in preparing your bid. Sincerely, June Peterson City Recorder MW:med Enc. cc: Ken Reinke Mike Walker NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. FideiityDeposit Company ~o,,~ o~.v-vc~ OF MARYLAND ~A~.r:mo~z.:. ,~. ~t~oJ 1~I DIg. OND KNOW ALL b(EN BY THESE PR 'ESENTS: That we .................... N..T-.gI-Zt~L..J ..... h/AT~L...ZiXlC ................................................................................................................ ............................................................................................... as Principal, (hereinafter called the "Principal"), and thc FIDELITY AND Dm'ostT COMPANY OF MARYLAND, Of Baltimore, Maryland, a cort~Jratlon duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound CITY OF SANDY unto ............................................. ~ ............................................................................................................................................ ....................... : .......................................................................................... as Obllgee, (hereinafter called the "Obllgee"), _f FIVE P~.RC~.NT (5%) OF ?HE TOTAl. ~OUN? ~ --~.... (~ ......~.~ .................. ), in ~he sum o .......................................................................................................................... for the payment of which sum well and truly to be made, the ~id Principal and the said Surety, bind ourselves, our heirs, executors, administrators, succes~rs and assigns, jointly and severally, firmly by these presentm NOW, THEREFORE, if the Obliffee shalI accept the bid of the Principal and the P~incipal shall enter into a CDr, tract with the Obllgee in accordance with the terms of such bid and give such bond or ~nds as may be specified in tl~e bidding or contract documents with go~ and su~clent surety for ~he faithful performance such contract and for the prompt payment of labor and material furnish~ in the prosecution thereof, or in the event of the failure of the Principal to enter into such contrac~ and give such bond or bonds, if the Principal shall pay to the Obli~ee the difference no~ to exceed the penaky hereof between the amount specified in said bid and such larger amount for which ~he Obli~ee may in good faith contract with anod~er par~y to perform ~he work covered by said bid. then riffs obliga6on shall be null and void,othe~vise to remain in full force and effect. Signed and seal~ ' 17th _f Nove~er 19 88 th~s ............................................................ day u .................................................... a.D ........... F!DELITV AND DEPOSIT COMPANY OF ~IARYLANI) L~ng~te G. Harris, Attorney-in-fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALI'IMOI~E, MO KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by R. W. BUDDENBOHN , Vice-President, and M.J. SCHNEBELEN , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Lynette G. Harris of Portland, Oregon ..................... ~ and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on itz behalf as surety, and as it~ act and deed: any and all bonds and undertakings ........................................... And the execution o! such bonds or undertakings in pursuance of these present~, shall be as binding upon said Company, as fully and amply, to all intent~ and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at ire office in Baltimore, Md., in their own proper persons. This power of attorney revokes chat issued on behalf of Lynette G. Harris, dated, October 15, 1985. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and e/fixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day June ,, A.D. 19 8~7 /~e~4.~%_ FIDELITY AND DEPOSIT COMPANY OF MAHYLAND ATTEST: STATE OF MARYLAND t SS: CITY OF BALTIMORE On this 30th day of June , A.D. 19 87, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and' qualified, came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himseff deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly e/£LXed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my (ffficial Seal, at the City of Baltimore, the day and CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the !oregoing is a full, true and correct copy, is in full force and effect on the date o! this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority o! the following resolution of the Board of Directors o! the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually e/fixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Comlpany, this ] ?~-h day of ~ov~_mber . 19.B~. 180-7375 Assistzm Secretary ~ RENOVATION AND REMODELING SANDY LIBRARY/POLICE BUILDING ~ BID SCHEDULE ~ AND PROPOSAL TO the Mayor and City Council Sandy, Oregon Gentlemen: The undersigned bidder declares that he has carefully examined the attached bid documents for Renovation and Remodeling Sandy Library,' Police Building in the City of Sandy as designated in the Notice to Contractors; that he has made such investigations as are necessary to determine the conditions to be encountered independently of the indications contained herein and that if this Proposal is accepted, he will contract with the City of Sandy, Oregon in the form of contract hereto annexed; will, to the extent of his bid, furnish all labor, materials and equipment necessary to complete the work as specified. The undersigned further agrees to begin work within five (5) days after the Notice to Proceed and to complete the construction in all respects no later than outlined in Division I, Section H-16.B. The undersigned also agrees to pay as liquidated damages to the City for any delay the sum of ONE HUNDRED DOLLARS ($100.00) per working day (Saturdays, Sundays and legal holidays excepted) required for completion beyond these specific dates. The Bidder submits and proposes the following ~ump Sum Bid Item Description and Price 1. Renovation and Remodeling as described in the Plans and Specifications attached to and incorporated in this document the sum Dollars Submitted By: Name of Bidder~l&~.~ Signature of Authorized Agent ..... itle H-1 MICHAEL J. WATT, INC. General Contracting P.O. Box 02374 Portland, OR 97202 238-0866 Date: Nov. 17,ig88 PROPOSAL FOR BID ~CHEDULE Addendum No. 3 for_~_ .... additional days to/substantually complete the LIBRARY portion of the project. 2. Included in our BID PRICE is $_~_ for__~ ..... additional days to substantually complete the [~DLICE portion of the project. 3. THE ABOVE LIQUIDATED DAMAGES MAY BE DEDUCTED FROM ITEMS 1 OR 2 OR BOTH IF THE OWNER AGREES NOT IMPOSE A PENALTY UNTIL AFTER COMPLETION DATES LISTED BELOW. NOTICE TO PROCEED: November 21, 1988 QUALIFICATIONS FOR HARDWARE TO MEET ABOVE SCHEDULE 1. No scheduling, submittals or approvals required. 2. Locksets and iatchsets specified with 32 D finish to be furnished in 26D finish. 3. Final keying requirments to done on the jobsite by others, and is not part of this quotation. All locks to be random Keyed. 4. Hardware to be supplied as lis~ed in section iOA, groups #1 through 19 as qualified above, and as necessary ~o supply on required dates. Michael J. Watt Inc. CI'T~ OF December 6, 1988 P.O. BOX1119 SANDY, OREGON 97055 Telephone 668*5533 Thomas R. Juhr Corporation PO Box 42229 Portland, OR 97242 Dear Sirs: At a special meeting on November 30, 1988, the Sandy City Council re3ected all bids on the renovation and remodeling of the Sandy Library/Police Building. The tabulation of bids is enclosed. Also enclosed is your bid bond. The City of Sandy thanks you for your time and effort in preparing your bid. Sincerely, June Peterson City Recorder MW:med Enc. cc: Ken Reinke Mike Walker NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. RENOVATI6~ ~AND REMODELING SANDY LIBRARY/POLICE BUILDING BID SCHEDULE AND PROPOSAL To the Mayor and City Council Sandy, Oregon Gentlemen: The undersigned bidder declares that he has carefully examined the attached bid documents for Renovation and Remodeling Sandy Library/ Police Building in the City of Sandy as designated in the Notice to Contractors; that he has made such inyestigations as are necessary to determine the conditions to be encountered independently of the indications contained herein and that if this Proposal is accepted, he will contract with the City of Sandy, Oregon in the form of contract hereto annexed; will, to the extent of his bid, furnish all labor, materials and equipment necessary to complete the work as specified. The undersigned further agrees to begin work within five (5) days after the Notice to Proceed and to complete the construction in all respects no later than outlined in Division I, Section H-16.B. The undersigned also agrees to pay as liquidated damages to the City for any delay the sum of ONE HUNDRED DOLLARS ($100.00) per working day (Saturdays, Sundays and legal holidays excepted) required for completion beyond these. specific dates. The Bidder submits'and proposes the following Lump Sum Bid Item Description and Price 1. Renovation and Remodeling as described in the Plans and Specifications attached to and incorporated in this document the sum ofq~o~ h~&~__~e~O~ollars $ Pl~O~--~ TOTAL AMOUNT OF BID $ ~l~l ~dD Includeding Attachment "A" and addendums !, 2,3. Submitted By: Name of BidderThomas R. guhr Corporg~,o.n/ Adz~.ress P.O. Bok ~2229 , Port. , Ore. 972Z Signature cf Authorized ;-_gent __'tlc President ATTACHMENT "A" THOMAS R. JUHR CORPORATION P.O. BOX 42229 PORTLAND, OR 97242 (503) 235-3158 Therefore , due to circumstances beyond our control , we estimate 45 working days from issuance of building permit to complete all construction if the Police Facility finish hardware is changed from 32D to 26D. Thus the sum of $2,600.00 has been included for the Library liquidated damages and the sum of $1,400.00 has been included for the Police Facility liquid~ated damages. UNITED STATES F[DELi, . ~A St~ck :oral'any) BID BOND BOND NUMBER ........................................................................................ KNOW .ALL MEN BY THESE PRESENTS: THAT THOMAS R. JUHR CORPORATION .................................................................................................................... of ...... ~.O.~%k.~ ~......O.g.E..G. q~ .............................................................. ............................................................................................................................................................. as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto .......................................................................................... ci~:¥ o?. SA~q¥, ..9.gl~.O..~ ............................................................................................................................................ as 0bligee, in the full and just sum of .............................................................................................................................................................................. ............ !!.v..!...~.!l.c..~,~.%....°..L.?.%..A.k...~..°...u..~.T....P.!P. ...................................................................................... .(.~.!). .................... lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the said Principal is herewith submitting its proposal RENOVATION & REMODEL OF SANDY LIBR. ARY & POLICE BUILDING THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered ........ ~.O...V...g..~..g.~.....1...7..?......1...9...8...8 (Date) .... ~ .0 ..,~.....S.....R..:... ~ U. ~..R......C...O.....~.,.,O..~.~..O..~ ..................... [SEAL) UNITED STATES FIDELI~'~ARD GUARANTY COMPANY ............... · ................................ VICKI L. NICHOLSON Attorney-in-fact :::~;~:F:f;;'::;,? ~:: :~?:: ~:'::::?'~J'; =~ (ont,-act 1 1 [Revised) (1-74) CERTIFIED COPY GENERAL POWER OF ATTORNEY No ....... _1__0_0_ ...................... Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Karen Bristol, John D. Klump, K. C. Kraig, William K. Thio, Vicki L. Nicholson and James P. Dooney of the City of Portland , State of Oregon its true and lawful attorneys in and for the States of Oregon, Alaska, Arizona, California, Idaho, Nevada, Washington and Utah for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us, its Board of Directors. hereby ratifies and confirms all and whatsoever~ anyone of the said Karen Bristol and the said John D. Klump and the said K. C. Eraig and the said William K. Thio and the said Vicki L. Nicholson and the said James P. Dooney may lawfully do in the premises by virtue of these presents. in Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 15th day of July , A. D. 19 88 / UNITED STATES FIDELITY AND GUARANTY cOMpANY. Charles D. Zimmerman, III ( Signed ) /~y ......................................................... Fice-President. (SEAL) David P. Winger (Signed) ~4ssistant Secretary. STATE OF MARYLAND. ~ BALTIMORE CITY. On this 15th aay o! July , A. O. 19 88, belore me personally came Charles D. Zi.n~erman, q'TT , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David P. Winger . Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, slid that they, the said Charles D.Zimmerman, TII and David P. Winger were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My eom'mission expires the first day in July, A. D. 19.90 (SEAL) (Signed) Margaret M. Hurst Notary Public. FS 3 (1-87) December 6, 1988 P.O. BOX 1119 SANDY, OREGON 97055 Telephone 668-5533 Len Hufford Construction Co. 2939 SE 76th Portland, OR 97206 Dear Sirs: At a special meeting on November 30, 1988, the Sandy City Council re3ected all bids on the renovation and remodeling of the Sandy Library/Police Building. The tabulation of bids is enclosed. Also enclosed is your bid bond. The City of Sandy thanks you for your time and effort in preparing your bid. Sincerely, June Peterson City Recorder MW:med Enc. cc: Ken Reinke Mike Walker NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. RENOVATION AND REMODELING SANDY LIBRARY/POLICE BUILDING BID SCHEDULE AND PROPOSAL To the Mayor and City Council Sandy, Oregon Gentlemen: The undersigned bidder declares that he has carefully examined the attached bid documents for Renovation and Remodeling Sandy Library/ Police Building in the City of Sandy as designated in the Notice to Contractors; that he has made such investigations as are necessary to determine the conditions to be encountered independently of the indications contained herein and that if this Proposal is accepted, he will contract with the City of Sandy, Oregon in the form of contract hereto annexed; will, to the extent of his bid, furnish all labor, materials and equipment necessary to complete the work as specified. The undersigned further agrees to begin work within five (5) days after the Notice to Proceed and to complete the construction in al/ respects no later than outlined in Division I, Section H-16.B. The undersigned also agrees to pay as liquidated damages to the City for any delay the sum of ONE HUNDRED DOLLARS ($100.00) per working day (Saturdays, Sundays and legal holidays excepted) required for completion beyond these specific dates. The Bidder submits~and proposes the following Lump Sum Bid Item Description and Price 1. Renovation and Remodeling as described in the Plans and Specifications attached to and incorporated in this document ~ the sum of~2~ 6~. Go Dollars $ ~--j~, o TOTAL AMOUNT OF BID $ Submitted By: Name of Bidder Len Hufford Construction Co. General Contractors 2939 S.E. 76th · Portland, OR 97206 (503) 77'1-'1859 To the Mayor of Sandy,Or. We (L.H.C.C.) feel that We can complete this project on time,provided We are allowed to use a local manufacture (J.B.Doors). However We bid this project with the specified manufactures who say they need eight week delivery time. This increased Our bid totalS4,000.00 This situation also applies to some electrical fixtures. Thank You David Hufford Pre[ident BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned, Z ~5 ~-/ ~ /~'~' ~L ~/7,~;~/~_~ - Principal, and--~O ~. ~/~ ~, ~ ~ ~ /~ /~/ ~~/~/~-~ ~ ~ as , Surety, are held and firmly bound unto hereinafter called "Owner", in the sum of (not less than 5~e~cent%of the total amoun~ of b~d) fo~ %he payment of which sum, well and truly to be made, we b~nd ourselves, ou~ heirs, e~ecuto~s, administrators, successors, and assigns, 3o~ntly and severally, f~mly by these p~esents. WHEREAS, said P~incipal has submitted a b~d to sa~d Owne~ to perform all work ~equi~ed unde~ the biddln~ schedule of.the Owne~.'s i'--i ~s awarded a contract b- sa~d NOW THEREFORE., if said Princ pa ' ~ ' Owner and, within the time and in the manner required under the heading "Information For Bidders" enters into a written contract on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance, and furnishes the required Performance Bond and Payment Bond within five (5) calendar days after receipt of contract from said Owner, then this obligations shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said O~er and 3udgement is recovered, said Surety shall pay all costs incurred by said Owner in such suit, including a reasonable attorney's fee to be fixed by the court. -'- (~rincipal) ' C-I CERTIFIED COPY OF POWEK OF ATYO~-X OHIO CASUALTY INSURANCE COMPANY .o.~ ornc~ rotan. To.. omo No. 22-099 of autEor/ty 8~runt~l by Art/cieVI. 3.ction 7 of the By-laws of mid Company does hereby nominate, constitute and appointt its true and l~w~al agent nnd ettornar -in-fact, to mite, execute, seal and deliver tor and on its behel/as surety, and as its act &nd deed nny and nH BONE)S, I. JNE)EHTAKINGS, end RECOCJqlZANCES, not exceeding in any alexis instance SIX .MILLION .................... ¢$ § ,000 ,000.00 - ) exctumuit, however, any bond(s) or undertaking(a) runrenteeing the payment of notes and mtere~t thereon And the executlon of such bonds or undertakings in puratmnce of these presents, shall be a. binding upon mic] Conxp~ny, as tully iud amply, to all intents and purposes, as ii they Jxad been duly executed and acknowledged by tea regularly elected or'cern of tho Comeany at its oR/ce in Hamilton, Ohio, in their own proper persons. The authority ~rnntod hereunder suporsed~ any previous uutEorlty heretofore granted tho ~ovo named attorney(s)-in-JncL ~~ In WITNESS WHEREOF. the under,igned, o~icer of the ,id, ub,cribed The Oitio Ce,ua lay Insurance Company has hereunto /t~,t~o and ef~xed the Corp.~p~te ~ of the said The Ohio C.,~su. alty ~ITATF-. OF OHIO, i ,.~. COUNTY OF BLrn. E~ I on t~. 20th day of November A. E). 19 85 the subset/bet, · Netary P~t/c oJ the State ~ O~o. in and Jot the County o! Butler, duly commi~ioned and qualiRed. Richard T. H0f.fman,~s.~t. S~o'_~L8~',y -.-, of T~£ OHIO C~UAL'rr t~SUP.~'~C£ contralti, to ma persona]]y ]thaws to b~ the i~v~oual a~:':~ o/~cer o~scrioecl in, and who executed the preceding instrument, and he acltnow- lodged the e~ecutlon st the same. and being by me duly sworn deposeth and saith, teat he is the slicer oJ the Company aforesald, and that the seas a/~zed to the preceding instrument is the Corporate Sen] of said Company, and the enid Corporate Seas end his signature as o/~cer were duly &/~xed end subscribed to the said instrument by the authority nn~ direction of the said Corporation. t"'"",~ IN TESTIMONY WHEREOF. I have Lvereunto set my bond and a'zed my State of Ohio. the d~ay end year first above written. the City of Hamilton. ...p4~s Seal at Comm on ,,pi,,¢' ..... Thi. power o~ attorney il granted under ',nd by authority of Article VI. Section ~ of the By-Lnws ot the Company. adopted hy its directors on April 2, 1954. extracts from which re&d: "iRTICLE VI" "Section 7. Appolntmant o~ Attornel-ln-l"act. ~e. The chairmsn ot the hoard, the president. &ny vice-pre*ident, the secret&fy or any aaalstant ~¢retary shall he &nd is hereby vested with tull power and authority to appoint attorneys-in-fact for tJ~e purpose of signing the name of the Company as surety to. and to execute, attach the corporate seal. acknowledge and deliver any and all bend0, recognizances, stipulations, undertaklngo or other instruments of suretyship and policies insurance to be given in favor of any individual, l~rm, corporation, or the of~clal represer~t&tlve thereof, or to any county or state, or any of~cla] hoard or boards of county or state, or the United States of America, or to any other political sub- division." Thio instrument is signed and sealed by facsimile as authorlzec~ by the fo~lowlng Resolution adoptec] hy the directors of the Company on May 27, 1970: "RESOLVED that the signeture oJ any oft~cer of the Company authorized by Article %/1 Section 7 of the by-~aws to appoint atto~-neys in fact. the signature of t~e Secretary or any Assistant Secretary certlfy/ng to the correctness of any copy power of attorney and the seal st the Company may be a/~xed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such siR'natures and sea] are hereby adoptec[ by the Company es or/g:/na] signatures and seal, to he valid and hind/ag upon the Company with the some force and effect as thoug~ manually CERTIFICATE l. the undersigned Ass/stent Secretory of The Skis Casualty Insurance Con, pony, do hereby certify teat the foregoing power si attorney. Article V! Section 7 of the by-laws o{ the Company and the above Resolution of its Eloard of Directors are true and correct copies and are in full force end effect on th;a date. IN WITNE.SS WHEREOF, I have hereunto set my hand and the seat of the Company this ]-~ ~ch day of NOV .A.D., 19 Assistant Sec~etary S-4300-£ 12-B0-3M December 6, 1988 P.O. BOX1119 SANDY, OREGON 97055 Telephone 668-5533 Darrit Construction Inc. 7601-C NE Hazel Dell Ave. Vancouver, WA 98665 Dear Sirs: At a special meeting on November 30, 1988, the Sandy City Council rejected all bids on the renovation and remodeling of the Sandy Library/Police Building. The tabulation of bids is enclosed. Also enclosed is your bid bond. The City of Sandy thanks you for your time and effort in preparing your bid. Sincerely, June Peterson City Recorder MW:med Eric. cc: Ken Reinke Mike Walker NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. RENOVATION AND REMODELING SANDY LIBRARY/POLICE BUILDING BID SCHEDULE ~: AND PROPOSAL To the Mayor and City Council Sandy, Oregon ~(J~ i'[~ Gentlemen: CITY Of SANDY The undersigned bidder declares that he has carefull~e~mined the attached bid documents for Renovation and RemodelingiSandy Library/ Police Building in the City of Sandy as designated in the Notice to Contractors; that he has made such investigations as are necessary to determine the conditions to be encountered independently of the indications contained herein and that if this Proposal is accepted, he will contract with the City of Sandy, Oregon in the form of contract hereto annexed; will, to the extent of his bid, furnish all labor, materials and equipment necessary to complete the work as specified. The undersigned further agrees to begin work within five (5) days after the Notice to Proceed and to complete the construction in all respects no later than outlined in Division I, Section H-16.B. The undersigned also agrees to pay as liquidated damages to the City for any delay the sum of ONE HUNDRED DOLLARS ($100.00) per working day (Saturdays, Sundays and legal holidays excepted) required for completion beyond these specific dates. The Bidder submits and proposes the following Lump Sum Bid Item Description and Price 1. Renovation and Remodeling as described in the Plans and Specifications attached to and incorporated in this document ~,)~7/~2 the sum of Dollars $ Submitted By: Name of Bidder Darrit Construction Inc. Address 76~01-C NE Hazel Dell Ave. ~: ~'/ ~].~ :, /~V~ncouver, Washzngto~ 98663 · / / , //.,/ ~../;,: - - Signature of Authorized Ager(~/f:~_~. /~.f /~..Lf Tltle Secretary Penalty included in bid $6,800.00 Contractor scheduled construction ]05 days. H-1 The Ohio Casualty Insurance Company HAMILTON, OHIO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, Darrit Construction, Inc. (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM- PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of Washington as Surety, are held and firmly bound unto City Of Sandy, Oregon (hereinafter called the Obligee) in the penal sum of 5% Of Total Amount Bid. Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated 11 / 17 19 88 , for Renovation and Remodel of Sandy Liabrary and Police Building. NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other- wise to remain in full force and virtue. Signed, Sealed and Dated this ..... !.7..t..h ......... day of ........ .N.°.Y.e..m..b..e..r. ................... , 19..8..8.... ..... Da. nn.i..t,..Co n s..t nuc,.t~i, on.,..~,nc ............................... ........ ................... THE OH~CASUALTY INSU/~,I~.~COM,,~AN//)/ / Ramona K. Batchelor THE OI-HO CASUALTY INSUtL q'CE COMPANY 14OME OFFICE. HAMILTON, OHIO No. 24-237 of authority granted by Article VI, Section ? of The ByLaws ot said Company, does hereby mmfinate, constitute and appoint: Rose k. Anderson or Ramona K. aatchelor ,,f Vancouver, Washington its true and hwful .ment and attorney -in-tact. to make, execute, seal ,md deliver for and on its behalf as surety, and as :ts act and deed any anc~ all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION ($ 1,000,000.00 - ) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of lhcsc presents, qull be as binding upon said Colnpany, as fully and amply, to all intents and purposes, as if thev had been dui',' executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in (heir ~v,'n proper persnns. The authority granted hereunder supersedes any previous authority heteto£ore granted the above named attorney(s)-in-fact. ~.,,%~ In \VITNI:SS WHEREOF, the undersigned officer of the said The Ohio Casualty ~:.- ...... Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the }~j~-~: SEA/~:~=~". ~aid The Ohio Casualty Insurance Company ti, is l~r~q~ da,, of March 1~88. STATE OF OHIO, COUNTY OF BUTLER on th~s 15th dav of March A.D. 19 88 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thomas W. Hildebrand. Assistant Secretary of THE OHIO C,'\SUALTY INS/JRANCE COMPANY, to me personally known to be the indMdual and officer described in, and who executed the preceding instrument, and he acknow- ledged tile execution of the same, and being bv me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Cot' ~oration. I~,,,~ IN TESTIMONY WHEREOF, I have hereunto set m,v hand and affixed my Official ='*/ ~!'iZ"--,, u 1(~,,, ~%. . Seal at the City of Hamilton. State of Ohio, ~bove w~~ ~....~ Notary Pu i in f ButleT, St'~ df Ohio ...~.....-~,~ ~'~, ~ My Commis~mn expires ...... 0.e.~mb.e~...25......199.1 .......... This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secreta0' or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge_ and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies oi' insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any otficiaI board or boards of county or state, or the United 5tares of America, or to any other political sub- division." This instrument is signed and sealed bv facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secrctary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Arlicle VI and correct cop,cs and .nc m lull Io,,c .m,i otb't, ,m ~h,x d.ue./ '7 7%~<'' // S-4300-C 9-87 iSM Assistant Secretory Cl~l'~' OF SANDY Telephone 668-5533 Pacific Crest Construction, Inc. 8383 NE Sandy Blvd. Ste. 320 Portland, OR 9?220 Dear Sirs: At a special meeting on November 30, 1988, the Sandy City Council rejected all bids on the renovation and remodeling of the Sandy Library/Po/ice Building. The tabulation of bids is enclosed. Also enclosed is your bid bond. The City of Sandy thanks you for your time and effort in preparing your bid. Sincerely, June Peterson City Recorder MW:med Enc. cc: Ken Reinke Mike Walker NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. RENOVATION AND REMODELING SANDY LIBRARY/POLICE BUILDING BID SCHEDULE AND PROPOSAL To the Mayor and City Council Sandy, Oregon Gentlemen: The undersigned bidder declares that he has carefully examined the attached bid documents for Renovation and Remodeling Sandy Library/ Police Building in the City of Sandy as designated in the Notice to Contractors; that he has made such investigations as are necessary to determine the conditions to be encountered independently of the indications contained herein and that if this Proposal is accepted, he will contract with the City of Sandy, Oregon in the form of contract hereto annexed; will, to the extent of his bid, furnish all labor, materials and equipment necessary to complete the work as specified. The undersigned further agrees to begin work within five (5) days after the Notice to Proceed and to complete the construction in all respects no later than outlined in Division I, Section H-16.B. The undersigned also agrees to pay as liquidated damages to the City for any delay the sum of ONE HUNDRED DOLLARS ($100.00) per working day (Saturdays, Sundays and legal holidays excepted) required for completion beyond these specific dates. The Bidder submits and proposes the following Lump Sum Bid Item Description and Price 1. Renovation and Remodeling as described in the Plans and Specifications attached to and incorporated in this, ~l~ume~t thp. _sum of c~ l% r's TO fMOUNT OF BID Submitted By: Name of Bidder-~('ir~zx_ ~..~T ~5]'~ ~ Address ~'~5 ~ Signature of Authorized Agent_ ~ ~/c~ Title To: All Known Full Set Plan Holders Project: November 14, 1988 City of Sandy LIBRARY/POLICE RELOCATION ADDENDUM No. 3 38988 Proctor Blvd Sandy, Oregon This Addendum is to form a part of the Contract Documents for the subject project. Any associated cost modifications are to be included in the Form of Proposal submitted with acknowledgement of receipt and inclusion noted on the Form of Proposal where indicated. Addendum No. 1 was forwarded separately under separate cover by the City of Sandy. Addendum No. 2 was forwarded by the Architect's office to all Known Full Set Plan Holders by mail on November ll, 1988. SPECIFICATIONS: H-16 TI~ OF COMPLETION B. The dates listed for "at least partial occupancy" for the LIBRARY Facility not later than 5:00 p.m. on December 20, 1988 and "as a POLICE Facility not later than 5:00 p.m. on January 6, 1989 were established as preferred occupancy dates as the period from December 20 through January 1 is a time of limited activity at the Library facility and therefore least disruptive for the public in using the Library facility. Unfortunately the period from December 20 through January 3 or 4 is a "Busy" time for the Police facility; therefore relocation of their facility prior to the noted January 6, 1989 date would not be reasonable. BID SCHEDULE AND PROPOSAL As some concern has been expressed concerning the availability of certain materials to the project job site to meet the requirement '...to complete the construction in all respects no later than outlined in Division I, Section H- 16B' (LIBRARY @ 12-20-88 and POLICE @ 1-6-89) when the penalty of LIQUIDATED DAMAGES payable to the City of ONE HUNDRED DOLLARS ($100.00) per working day would be imposed, please amend the Form of Proposal to be submitted to: 1. Identify if a sum has been included to cover potential PENALTY payment being imposed, and if so, what amount in dollars has been included in the submitted Proposal to cover the PENALTY payment provision, and: 2. Based upon your analysis of time to complete the work at the site, as required by the Contract Documents, a notation is to be included as to the number of calendar days you would propose to complete the projects if different from the dates noted in H-16B of the Specifications prior to the imposition of the Liquidated Damages provision. The Owner will reserve the right to base its selection of the contractor for this project based upon the total dollar amount noted and/or the time of completion noted as it would best serve the Owner's use of the facility. ENO ADOENOUM NO. 3 _/~ Pacific Crest Construction, Inc. G E N E R A L C 0 N T R A C T [] R S 8383 N.E SANDY BOULEVARD, SUITE 3~0 · PORTLAND, OREGON 97220 , [503) 253-4913 November 17, 1988 City Recorder SANDY CITY HALL P.O. Box 116 Sandy, OR 97055 Re: Library/Police Building Remodel Dear Sir: The provisions of ORS 279.348 throught ORS 279.365 shall be included in our contract. Sincerely, PACIFIC CREST CONSTRUCTION, INC. Joe Vondrak Vice President JV:sjd THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 809499-87-28 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we PACIFIC CREST CONSTRUCTION INC. 8383 NE SANDY BLVD SUITE 320 (Here insert full name and address or lesal title of Contractor) PORTLAND, OREGON 97220 as Principal, hereinafter called the Principal, and INTERNATIONAL FIDELITY. 1911 NE BROADWAY (He,e *nsert/Ull name ano I SU N CO P Y PORTLAND, OREGON 97232 a corporation duly organized under the laws o{ the State of NEW JERSEY as Surety, hereinafter called the Sure~, are held and firmly bound unto CITY OF SANDY (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of FIVE EPR CENT ( 5% ) OF TOTAL AMOUNT BID, NOT TO EXCEED TEN THOUSAND AND 00/100 .... Dollars ($10,000.00---), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for SANDY LIBRARY AND POLICE HEADQUARTERS REMODEL (Here insert full name, address and description of proiect) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the ObliBee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt I~ayment of labor and material furnished in the prosecution thereof, or in the .event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Oblig6e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16 day of NOVEMBER 1988 ~ { PACIFIC CREST CONSTRUCTION INC. ~ ~,~ (PrinOp.,, (Sea,; (T-[tle) ~' -- ~)' /'~,~ ' ~/'~Z INTERNATIONAL FIDELITY INSU.,~ANOE COMPANY (Witness) D. KEVI~ REI~MILB~ DOCUMENTA310. BID BOND.AIA~. FEBRUARY 1970 ED.THE AMERICAN I~'~$TITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 I POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: 24 COMMERCE STREET NEWARK, NEW JERSEY 07102 BOND NO, 1309499-87-28 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws o1' thc State of New Jersey. and having its principal office in the City of Newark, New Jersey. docs hereby constitute and appoint KRISTINE T. NIEDER~ D, KEVIN REINMILLER~ PATRICIA T, KITCHEN PORTLAND~ OREGON its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts o1' indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office· This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 2, - Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and hald on the 23rd day of December, 1968. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority ( 1 ) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any' such Attorney-in-fact and revoke the authority given. Further, this Power of Atthoney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 4th day of February, 1975 of which the following is true excerpt: Now therefore the signatures of such officers and the seal of the' Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this Ist. day of May, A.D. 1986. INTERNATIONAL FIDELITY INSURANCE COMPANY County of Essex · ' ' President On this 1st. day of May 1986: before me came the individual who executed the preceding instrument, to me personally known, and. being by mc duly sworn, said that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ,"'"~'""'"'"", IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, _' .., c · 2'-'e'~" '55 at the City of Newark, New Jersey the day and yea[ firsl above written. ~ ~ --- ~ " ' .. j! ' ' ~ ~ "~ 0 ~ t [0o." '~' ~ A NOTARY PUBLIC (f~l5 NEW JERSEY ~ 4,4-. ........ '_~_'5 ,' %.'~ .~%,%,.. My Commission Expires November 2~. ,,,,,, "'~,~0~,o~*~' CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby ccrtil~ that I have compared the fi)regoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY. and that thc same are correct transcripts thereof, and of thc whole of the said originals, and that ~he said Power of Attorney has not been revoked and is now in thll force and effect. IN TESTIMONY WHEREOF. I have hereunto set my hand this ~6 day of NOVEMBER 19 Assi~lam Secretar~ Bid Tabulation Opening Date 11/].7/88 ]:00 p.m. SANDY LIBRARY AND POLICE BLDG. Total Includes Penalty 5% Calendar Days For Bidder Name/Address Bid Sum/Amount Bid Bond Completion Date COMMENTS : .......... : : t : Darrit Construction Inc.:247,124.00: Yes-S6,800.00 : Yes : 105 days from 11/28/88 : : ....................... : 2 : Len Hufford Const. Co. :235,000.00: Yes-S4,000.00 : Yes : January 6, 1989 : with conditions : 3 : Thomas R. Juhr Corp. 218,000.00: Yes-S4,000.00 : Yes : 45 days from 11/28/88 : with conditions : .......... : .... : .... : 4 : Michael J. Watt, Inc. :214,969.00: Yes-S1,400.00 : Yes : January 6, 1989 : with conditions : 5 : M. Stearns Const. Co. 199,603.001 Yes-S1,700.00, : Yes : January 6, 1989 '-.~ : .......... :. : ..... : 6 : Pacific Crest Const. Inc{188,800.00: Yes-S4,500.00 : Yes : 90 days from 11/28/88 : --: : 7 : : : : : : : : 8 : : : : : : . ..... : 9 : : : : : : : 10 : : : : : : : ......... : : 11 : : : : : : : ..... : : : 12 : : : : : : : : 13 : : : : : : : : 14 : : : : : : : : 15 : : : : : : Award to: Amount Date: SANDY POLICE SANDY. OREGON MEMORANDUM mn~v: CLAY MOORHEAD, CITY MANAGER FROM: MIKE WALKER, PUBLIC WORKS DIRECTOR /~ DATE: APRIL 11,~v~°~ oU~JE~T:~Tn ~ PREVAILING WAGE INFO FOR LIBRARY/POLICE BLDG. PROJECT The Bureau of Labor and Industries requires ~h~ we submit the attached form to them within 30 days of the date of the notice of award. They use this to insure that our contractor will pay prevailing wages on the job. Furthermore, the contractor and any subcontractors must submit payroll information to the Bureau within 15 days of commencing work and again before the final inspection of the work by the City. We should receive a copy of his submissions to the state as well. We should keep tabs on the contractor's compliance when he submits requests for payments to us. We should make sure that the contractor posts the required prevailing wage information in a conspicuous place at the job site. If we do not insure compliance with the Oregon Prevailing Wage ta~e ..... e City could become liable for those wages to each and every worker on the job. We do have the right to withhold payment until the statutes are complied with or we can pay the prevailing wages to workers co ..... c~or. I have attached this information out of payments due to the -~-~ + to this memo. enc. CM24895 ANNOUNCEMENT The Prevailing Wage Rates contained in this booklet generally reflect those rates determined for Oregon by the Secretary of Labor of the United States pursuant to the Davis-Bacon Act; certain changes have been made to better relect prevailing practices in Oregon. Pursuant to ORS 27g.348 to ORS 27g.365, these rates have been adopted for use on public works contracts in Oregon. If you have specific questions regarding how rates are determined or if you would like a copy of this booklet, please contact: Prevailing Wage Rate Analyst Bureau of Labor and Industries 1400 S. W. §th Avenue, Portland, OR g7201 (503)229-6655 The first copy is free. Additional copies'are agailable for 75¢ each. GENERAL INFORMATION Information in this section and in the "Commonly Asked Questions" is meant to provide a convenient reference to Oregon's Prevailing Wage Rate Law. It is in no way a complete statement of the laws and rules. If you have questions about the enforcement of Prevailing Wage Rates, please contact the Wage and Hour Division. Division offices may be reached at the following phone numbers: Bend 388-6330 Eugene 686-7623 Medford 776-6201 Pendleton 276-7884 Portland 229-5750 Salem 378-3292 Apprentices and Trainees Apprentices and trainees may be employed on public works. To qualify as an apprentice or trainee, the worker must be registered in a bonafide apprenticeship or training program of the U.S. Department of Labor, Bureau of Apprenticeship and Training (BAT) or with any State Apprenticeship and Training Agency recognized by BAl. The apprentice or trainee is to receive all fringe benefits and a percentage of the journeyman's wage rate; the appropriate percentage shall be determined by the apprenticeship or training committee. All other workers must receive rates as published. Zone Pay In certain trades, the basic hourly rate of pay progressively increases based upon the distance between the job site and a designated landmark; this is commonly referred to as zone pay. To determine the hourly wage, find the correct zone based on the number of road miles the job site is from the closest designated city (based either on distance from city hall or from " geographical center of the city, depending on the trade) and add the amount for that zone to the basic hourly rate. Zone pay, unlike travel pay, is the basic hourly wage upon which overtime is computed. 3anuary 1989 Page 1 Bid Specifications The specifications for every public works contract must include the current Prevailing Wage Rates in effect at the time the specifications are first advertised. A statement incorporating the existing rates by reference will not satisfy this requirement (ORS 279.352). NOTE: If a public agency fails to include the Prevailing Wage Rates in the contract specifications or fails to include in the contract the provision that Prevailing Wage Rates must be paid, the liability for~x '~ any unpaid prevailing wages could be exclusively that of the agency. ~rin§e Benefits Payments for fringe benefits are in addition to the basic hourly rate. Fringe benefits means the amount for: a) medical or hospital care; pensions on retirement or death; compensation for injuries or illness resulting from an occupational activity, or insurance to provide any of the foregoing;' b) unemployment benefits, life insurance, disability and sickness insurance or accident insurance; c) vacation and holiday pay; d) defraying costs of apprenticeship or other similar programs; and e) other such bona fide benefits. NOTE: For the purpose of Prevailing Wage Rates, fringe benefits do not include any benefits which may be required by federal, state or local law (e.g. Workers' Compensation, Unemployment Insurance, etc.). Fringe benefits may be paid to the worker in cash or to a third party administering a fringe benefit program. When an hourly rate in excess of the required prevailing base rate is paid, the amount by which the rate is exceeded may be credited toward payment of fringe benefits. Overtime Workers employed on a public works job for more than eight hours in a day or 40 hours in a week must be paid overtime for each additional hour so worked (ORS 279.334). Overtime is calculated at no less than one and one-half times the basic hourly rate as determined by the Commissioner of [abor (not including fringe benefits which are paid at the straight rate for every hour worked). In the computation of overtime, travel pay does not need to be included but zone pay differentials do. Work performed on Saturday, S~nda~ or legal holidays must also be compensated at time and one-half. Legal holidays for purposes of Prevailing Wage Rates include the following: 1) New Year's Day on 2anuary 1; 2) Memorial Day on the last Monday in May; 2) Independence Day on 2uly 4; 4) Labor Day on the first Monday in September; 5) Thanksgiving Day on the fourth Thursday in November; 6) Christmas Day on December 25. NOTE: Contractors who are signatory to a collective bargaining agreement may be subject to different overtime requirements (ORS 279.334[3]). Page 2 2anuary 1989 Certification of Payroll lhe law requires everg contractor and subcontractor to file certai information on wages paid to each worker employed on a public works contract. This statement must completely and accurately reflect payroll records for the work week immediately preceding the submission. A contractor or subcontractor must complete and submit the certified statement contained on Form WH-38 as well as the information required on the weekly payroll side of the form. A copy of Form WH-3B and instructions for completin§ it are included in the back of this booklet; xeroxed copies may be used for filing. The schedule for submitting payroll information is as follows: once within 15 days of the date the contractor or subcontractor first began work on the project and once before the final inspection of the project by the public contracting agency; in addition, for projects exceedin~ 90 days, submissions are to be made at 90 day intervals. Payroll information is to be filed with both the public contracting agency and the wag~ and Hour Division, Bureau of Labor and Industries, 1400 S.W. Fifth Avenue, Portland, Oregon 97201. The payroll information must be kept by the contractor and or subcontractor for J three years. COMMONLY ASKED QUESTIONS 1) What are "Prevailin~ Wa~e Rates?" A prevailing wage rate is the minimum wage, including fringe benefits to be paid workers employed on contracts for public works. Different rates are established for specific trades and specific geographical areas. 2) Who must be paid "Prevailin~ Wa~e Rates?" All employees of a contractor or subcontractor engaged on a public works project when the total price of the project is $10,000 or more must receive at least the Prevailing Wage Rate (PWR) for time worked on the project, unless otherwise exempt. Supervisory and office/clerical employees are not required to be paid the PWR. A person who owns and operates his/her own truck or other hauling equipment on construction projects (Owner/Operator) is not required to be paid the PWR. 3) What about contracts when Federal funds are used? When more than $2,000 of federal funds are involved, the contract is usually subject to the provisions of the Davis-Bacon Act, not Oregon statutes. Further information may be obtained from the U.S. Department of Labor, Wage and Hour Division, Portland, Oregon (221-3057). However, in the event that federal funds are involved, but the contract is not regulated under Davis-Bacon, Oregon's Prevailing Wage Rates Statutes may apply (ORS 279.348 - 279.365). 3anuary 1989 Page 3 COMMONLY ASKED QUESTIONS (Continued) 4) I don't have a pension fund. How do I calculate fringe benefits? Workers must receive at a minimum the sum of the basic hourly rate plus all fringe benefits for each hour worked on a public works contract. Fringe benefits may be paid either to a third party trust account or in cash directly to the worker. 5) What if the employees are not paid on an hourly basis? All workers must receive at least the basic hourly rate of wage and fringe benefits for each hour worked on the project. If an employee is paid other than on an hourly basis, the equivalent hourly rate (for both wages and fringe benefits) must still be at least equal to the rates published. 6) How do I classify workers? Virtually all of the job classifications/trades normally used in the construction industry are represented by the job classifications used in this PWR publication. These classification titles should be used according to common practice. Try to fit your workers into existing classifications. If you have questions about how to classify workers, contact the Wage and Hour Division at 229-5750 in Portland or at one of the offices listed on page 1 of this booklet. Laborers who do basic work requiring no specific skills, training or knowledge are generally classified as Group I Laborers. (Note that Landscapers are classified as Laborers, and Ornamental Ironworkers are classified as Ironworkers.) 7) When are new rates determined? How lonq are they effective? Prevailing Wage Rates are determined once each year by the Commissioner of the Bureau of Labor and Industries. The Commissioner may amend the rates at any time. The rates are usually amended at least once each year. The rates in effect at the time the bid specifications are first advertised are those that apply for the duration of the contract, with one exception. If during the bidding process the prevailin§ wage rate changes, the public contracting agency (not the contractor) has the option of amending the bid specifications to reflect such change. 8) How do I post Prevailing Wage Rates? Every contractor or subcontractor employing workers on a public works project is required to post the applicable Prevailing Wage Rates in conspicuous and accessible place in or about the wor'k-site. Rates need to be posted for the duration of the job. Contractors and subcontractors who intentionally fail to post the PWR can be made ineligible to receive any public works contract for up to three years. Page 4 January 1989 COMMONLY ASKED QUESTIONS (Continued) 9) What can I do about a contractor who is not complying with Ore§on's PWR law? File a complaint with the nearest office of the Oregon Bureau of Labor and Industries or contact the Wage and Hour Division, Bureau of Labor and Industries, 1400 S.W. 5th Avenue, Portland, Oregon 97201 (229-5750). Other Bureau offices are located in Bend (388-6320), Coos Bay (269-4575), Eugene (686-7623), Medford (776-6013), Pendleton (276-7884) and Salem (378-3292). You may also complain to the contracting agency, which has the contractual authority to pay PWR claims directly to a contractor's or subcontractor's workers (ORS 279.314). ,~""10) Wha~ ~hs ~6 C~tors who do not comply with PWR statutes? Contractors and subcontractors who pay less th~n the Prevailing Wage Rates may be liable to the workers affected for the amount found due plus an equal amount as liquidated damages (ORS 279.256). Contracting agencies also have the contractual authority to withhold payments due or to be due to the contractor or subcontractor in order to pay the unpaid prevailing wages directly to the worker (ORS 279.314). Contractors and subcontractors who intentionally refuse to pay the Prevailing Wage Rate to workers employed on public works or to post the PWR on the job site may be determined to be ineligible to receive any public works contracts for a period of up to three years (ORS 279.361). Workers employed by the contractor or subcontractors have a right of action against the surety of the prime contractor for any unpaid prevailing wages. A list is kept of all contractors, subcontractors, and other persons \ ineligible to receive public works contracts and subcontracts. When a '~ contractor or subcontractor is a corporation, the individual officers and agents of the corporation can be debarred, in addition to the corporation. As a result, individuals who intentionally fail to pay or 'L post the PWR are prevented from simply moving from one corporation to/ ~. another. 11) How much do I pay apprentices? To qualify as an apprentice, the worker must be registered in a bona fide apprenticeship program of the U.S. Department of Labor, Bureau of Apprenticeship and Training (BAT) or with any State Apprenticeship Agency recognized by BAT. The apprentice is to receive all fringe benefits and a percentage of the journeyman's wage rate; the appropriate percentage shall be determined by the apprenticeship committee. All other workers receive rates as published. January 1989 Page 5 COMMONLY ASKED QUESTIONS (Continued) 12) What records must I keep? For how lonq? Contractors and subcontractors are required to keep records necessary for determining if Prevailing Wage Rates were paid. These records must include the Payroll and Certified Statement Form (WH-38) as well as the following: The name and address of each employee; the work classification(s) of each employee; the rate(s) of wages and fringe benefits paid to each employee; the rate(s) of fringe benefit payments made in lieu of those required to be provided to each employee; total daily and weekly compensation paid to each employee; daily and weekly hours worked by each employee; apprenticeship and training agreements; any payroll and other such records pertaining to the employment of employees upon a public works contract. These need to be kept for a period of three (3) years From the completion of the public work contract. Records relating to public works contracts must be maintained separately from records relating to private projects/contracts. 13) What forms are public agencies required to file with the Bureau of Labor and Industries? Public agencies are required to prepare and file with the Commissioner of the Bureau of Labor and Industries a list of every public improvement that the agency intends to fund during the subsequent budget period (ORS 279.023[2]). If, after the original filing, the agency plans additional public improvements, a revised list is to be submitted (OAR 839-16-00812]). ~--Th~ "Noti~-6f-~war~'-o~ Public Works Contract" is to be filed with regWage and Hour Division within 30 days of the date when a contract is awarded which requires the payment of Prevailing Wage Rates (i.e., is ulated under ORS 279.348 to 279.365). Copies of the "Planned Public Improvement Summary" (Form No. WH-118), the "Capital Improvement Project Cost Comparison Estimate" (WH-119), and the "Notice of Award of Public Works Contract" (WH-81) can be found at the back of this booklet. l~)~es a contracting a~ency have any power to enforce payment of Prevailinq Wage Rates on its public works projects? Yes. According to ORS 279.314, all 'public contracts for work or services must contain a clause or condition permitting the contracting agency to pay a worker's past due wage claim, charging the payment against funds due ~ or to become due to the contractor. Page 6 2anuary 1989 Len HuttarO Construction 2939 SE 76th Portland, OR 97206 43385 Music Camp Rd. Sandy, OR 97055 Myers & Sons Plbg. 3961 N. Wins. Ave. PO Box 12146 Portland, OR 97212 M. Stearns Const. Co. 8030 NE Claekamas Michael J. Watt, Inc. PO Box 02374 Portland, OR 97202 Jane WoFF SW Wash. Contractors Assn. 7017 Hmy. 99 Ste. 1~0 Hazeldale, WA 98665 Bohm Electric Co. 18725 SE Pomell Blvd. Gresham, OR 97030 Market Contractors Ltd. 3961 N. Williams Ave. PO Box 12146 Portland, OR 97212 Pacific Crest Const. Co. Inc 8383 NE Sandy Blvd. Ste. 32 Portland, OR 97220 Butler Metal Fab 1130 NE Alberta Portland, OR 97211 Darrit Construction Inc. Vancouver, a ADDENDUM/REVISION LETTER #1 TO: PLAN HOLDERS FROM: CITY OF SANDY DATE: NOVEMBER 14, 1988 SUBJECT: RENOVATION AND REMODELING, SANDY LIBRARY/POLICE BUILDING BID OPENING 1:00 PM. NOVEMBER 17, 1988 This letter is to inform you of a revision to the proposal for the above-named project, as well as an addendum to the same project. Revision #1, Page A-l, Advertisement for Bid. Final Paragraph - Delete "ORS 279.312, 279.314, 279.316, 279.320 and 279.350" and Insert "ORS 279.348 through 279.365". Revision #2, Page D-i, Agreement. Item #2 - Delete "Sections 279.348 to 279.363" and insert "Sections 279.348 through 279.365. Revision #~, Page 18, AFFIRMATIVE ACTION. Delete Sections 29.1 and 29.2 and insert the following: 29.1 The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training~ including apprenticeship. 29.2 The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973. 29.3 In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973. 29.4 The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director of the Office of Federal Contract Compliance Programs, provided by or through the Contracting Officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 29.5 The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 29.6 The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Rehabilitation Act of 1973. Revision #4, Page 18, Add Section 30 as follows: 30. PREVAILING WAGES 30.1 Provisions of Oreg6n Revised Statutes 279.348 through 279.365 must be complied with in submitting bids. When the Contract is awarded, the successful Bidders must comply with the provisions of Oregon Revised Statutes 279.348 through 279.365 in regard to the payment of not less than the prevailing wage rate, and in submitting the certificates and affidavits required to accompany the first request for payment and each time the prevailing wage rate changes, and with the request for final payment. No payment, progress or otherwise, can be paid unless the proper certificates and affidavits pertaining to prevailing wages have been filed. Sample copies of the Public Works Contractor ~ Certification Form and Affidavit, which shall be used in connection with the submission of claims for payments, are enclosed for the Bidder's reference. 30.2 Oregon Bureau of Labor and Industries, Public Contracts Wage Administration publications entitled "Prevailing Wage Rates for Public Works Contracts in Oregon, " (dated July i, 1988, effective July I, 1988) are enclosed in these Specifications for Bidders' reference and become a part of these Specifications. 30.3 The minimum wages to be paid workmen on this project shall be not less than the prevailing rate paid to the corresponding classes of workmen in the locality. 30.4 In the event it is found necessary to employ class of workers not listed herein, the Contractor shall make application to the Owner oft the determination as to the prevailing wage rate for such class of workers. If a dispute arises as to what is the prevailing rate for any class of worker and that dispute cannot be settled by the parties involved, it may be referred to the Commissioner of Labor, State of Oregon for final determination. Addendum #__~1 - Enclosure, Current Prevailing Wage Rates and Forms. These Revisions, Numbers 1 through 4 above, and Addendum #1, will become part of the contract for the construction of this project by the incorporation of this letter and addendum pages therein and it will be understood that you bid has been submitted accordingly. Questions regarding these changes and additions should be directed to B.A.S. Architecture at 239-7626 or City of Sandy at 668-5533. cc: Bruce Samuelson PREVAILING WAGE RATES for Public Works Contracts in Oregon Mary Wendy Roberts Commissioner Effective July 1, 1988 Bureau of Labor and Industries BUREAU OF LABOR AND INDUSTRIES Mary Roberts, Commissioner July l, 1988 This booklet contains the Prevailing Wage Rates for the building and construction trades in the State of Oregon. These rates are effective July l, 1988. These rates have been amended in accordance with ORS 279.348 through ORS 279.365. Prevailing Wage Rates are the minim~ wages that must be paid to all workers employed in the construction, reconstruction, major renovation or painting of any public works. Copies of these rates must be incorporated into all bid specifications when the advertisement for a public works contract is issued. A provision that Prevailing Wage Rates be paid must also be put in the contract. The rates in effect at the time the bid specifications are first advertised are those that apply for the duration of the project, with one exception; if during the bidding process the Prevailing Wage Rates. change, the public contracting agency has the option of amending the bid specifications to reflect such changes. If you identify any errors in the rates published, please bring them to the attention of the Prevailing Wage Rate Analyst in Portland (229-6655). If you have any questions about the manner in which the Prevailing Wage Rates are enforced, contact the Wage and Hour Division in Portland 1229-5750). PORTLAND SALEM EUGENE 1400 SW 5th Avenue 3865 Wolverine St. NE; E-1 165 E. 7th Street, Suite 220 Portland, Oregon 97201 Salem, Oregon 97310 Eugene, Oregon 97401 MEDFORD COOS BAY BEND PENDLETON 700 E. Main 320 Central Ave., Suite 510 1230 NE Third, Suite A244 700 SE Emigrant, Suite 240 Medford, Oregon 97504 Coos Bay, Oregon 97420 Bend, Oregon 97701 Pendleton, Oregon 97801 AN EQUAL OPPORTUNITY EMPLOYER ANNOUNCEMENT The Prevailing Wage Rates contained in this booklet generally reflect those rates determined for Oregon by the Secretary of Labor of the United States pursuant to tile Davis-Bacon Act; certain changes have been made to better relect prevailing practices in Oregon. Pursuant to ORS 279.348 to ORS 279.365, these rates have been adopted for use on public works contracts in Oregon. If you have specific questions regarding how rates are determined or if you would like a copy of this booklet, please contact: Prevailing Wage Rate Analyst Bureau of Labor and Industries 1400 S. W. 5th Avenue, Portland, OR 97201 (503)229-6655 The first copy is free. Additional copies are available for 75¢ each. GENERAL INFORMATION Information in this section and in the "Commonly Asked Questions" is meant to provide a convenient reference to Oregon's Prevailing Wage Rate Law. It is in no way a complete statement of the laws and rules. If you have questions about the enforcement of Prevailing Wage Rates, please contact the Wage and Hour Division. Division offices may be reached at the following phone numbers: Bend 388-6330 Eugene 686-7623 Medford 776-6013 Pendleton 276-7884 Portland 229-5750 Salem 378-3292 Apprentices and Trainees Apprentices and trainees may be employed on public works. To qualify as an apprentice or trainee, the worker must be registered in a bonafide apprenticeship or training program of the U.S. Department of Labor, Bureau of Apprenticeship and lraining (BAT) or with any State Apprenticeship and Training Agency recognized by BAT. The apprentice or trainee is to receive all fringe benefits and a percentage of the journeyman's wage rate; the appropriate percentage shall be determined by the apprenticeship or training committee. All other workers must receive rates as published. Zone Pay In certain trades, the basic hourly rate of pay progressively increases based upon the distance between the job site and a designated landmark; this is commonly referred to as zone pay. To determine the hourly wage, find the correct zone based on the number of road miles the job site is from the closest designated city (based either on distance from city hall or from geographical center of the city, depending on the trade) and add the amount for that zone to the basic hourly rate. Zone pay, unlike travel pay, is the basic hourly wage upon which overtime is computed. July 1988 Page 1 Bid .Specifications lhe specifications for every public works contract must include the current Prevailing Wage Rates in effect at the time the specifications are first advertised. A statement incorporating the existing rates by reference will not satisfy this requirement (ORS 279.352). NOIE: If a public agency fails to include the Prevailing Wage Rates in the contract specifications or fails to include in the contract the provision that Prevailing Wage Rates must be paid, the liability for any unpaid prevailing wages could be exclusively that of the agency. ~ninge Benefits Payments for fringe benefits are in addition to the basic hourly rate. Fringe benefits means the amount for: a) medical or hospital care; pensions on retirement or death; compensation for injuries or illness resulting from an occupational activity, or insurance to provide any of the foregoing; b) unemployment benefits, life insurance, disability and sickness insurance or accident insurance; c) vacation and holiday pay; d) defraying costs of apprenticeship or other similar programs; and e) other such bona fide benefits. NOTE: For the purpose of Prevailing Wage Rates, fringe benefits do not include any benefits which may be required by federal, state or local law (e.g. Workers' Compensation, Unemployment Insurance, etc.). Fringe benefits may be paid to the worker in cash or to a third party administering a fringe benefit program. When an hourly rate in excess of the required prevailing base rate is paid, the amount by which the rate is exceeded may be credited toward payment of fringe benefits. Overtime Workers employed on a public works job for more than eight hours in a day or 40 hours in a week must be paid overtime for each additional hour so worked (ORS 279.334). Overtime is calculated at no less than one and one-half times the basic hourly rate as determined by the Commissioner of Labor (not including fringe benefits which are paid at the straight rate for every hour worked). In the computation of overtime, travel pay does not need to be included but zone pay differentials do. Work performed on Saturday, Sunday or ]~egal holidays must also be compensated at time and one-half. Legal holidays for purposes of Prevailing Wage Rates include the following: 1) New Year's Day on January l; 2) Memorial Day on the last Monday in May; 3) Independence Day on July 4; 4) Labor Day on the first Monday in September; 5) Thanksgiving Day on the fourth Thursday in November; 6) Christmas Day on December 25. NOIE: Contractors who are signatory to a collective bargaining agreement may be subject to different overtime requirements (ORS 279.334[3]). Page 2 July 1988 Certification of Payroll The law requires every contractor and subcontractor to file certain information on wages paid to each worker employed on a public works contract. This statement must completely and accurately reflect payroll records for the work week immediately preceding the submission. A contractor or subcontractor must complete and submit the certified statement contained on Form WH-38 as well as the information required on the weekly payroll side of the form. A copy of Form WH-3B and instructions for completing it are included in the back of this booklet; xeroxed copies may be used for filing. The schedule for submitting payroll information is as follows: once within 15 days of the date the contractor or subcontractor first began work on the project and once before the final inspection of the project by the public contracting agency; in addition, ~or projects exceeding 90 days, submissions are to be made at 90 day intervals. Payroll information is to be filed with both the public contracting agency and the Wage and Hour Division, Bureau of Labor and Industries, 1400 S.W. Fifth Avenue, Portland, Oregon 97201. The payroll information must be kept by the contractor and or subcontractor for three years. COMMONLY ASKED QUESTIONS l) What are "Prevailing Wage Rates?" A prevailing wage rate is the minimum wage, including fringe benefits to be paid workers employed on contracts for public works. Different rates are established for specific trades and specific geographical areas. 2) Who must be paid "Prevailing Wage Rates?" All employees of a contractor or subcontractor engaged on a public works project when the total price of the project is $10,000 or more must receive at least the Prevailing Wage Rate (PWR) for time worked on the project, unless otherwise exempt. Supervisory and office/clerical employees are not required to be paid the PWR. A person who owns and operates his/her own truck or other hauling equipment on construction projects (Owner/Operator) is not required to be paid the PWR. 3) What about contracts when Federal funds are used? When more than $2,000 of federal funds are involved, the contract is usually subject to the provisions of the Davis-Bacon Act, not Oregon statutes. Further information may be obtained from the U.S. Department of Labor, Wage and Hour Division, Portland, Oregon (221-2057). However, in the event that federal funds are involved, but the contract is not regulated under Davis-Bacon, Oregon's Prevailing Wage Rates Statutes may apply (ORS 279.348 - 279.265). July 1988 Page 3 COMMONLY ASKED QUESTIONS (Continued) 4) I don't have a pension fund. How do I calculate fringe benefits? Workers must receive at a minimum the sum of the basic hourly rate plus all fringe benefits for each hour worked on a public works contract. Fringe benefits may be paid either to a third party trust account or in cash directly to the worker. 5) What if the employees are not paid on an hourly basis? All workers must receive at least the basic hourly rate of wage and fringe benefits for each hour worked on the project. If an employee is paid other than on an hourly basis, the equivalent hourly rate (for both wages and fringe benefits) must still be at least equal to the rates published. 6) How do I classify workers? Virtually all of the job classifications/trades normally used in the construction industry are represented by the job classifications used in this PWR publication. These classification titles should be used according to common practice. Try to fit your workers into existing classifications. If you have questions about how to classify workers, contact the Wage and Hour Division at 229-5750 in Portland or at one of the offices listed on page 1 of this booklet. Laborers who do basic work requiring no specific skills, training or knowledge are generally classified as Group I Laborers. (Note that Landscapers are classified as Laborers, and Ornamental Ironworkers are classified as Ironworkers.) 7) When are new rates determined? How lon§ are they effective? Prevailing Wage Rates are determined once each year by the Commissioner of the Bureau of Labor and Industries. The Commissioner may amend the rates at any time. The rates are usually amended at least once each year. The rates in effect at the time the bid specifications are first advertised are those that apply for the duration of the contract, with one exception. If during the bidding process the prevailing wage rate changes, the public contracting agency (not the contractor) has the option of amending the bid specifications to reflect such change. 8) How do I post Prevailing Wage Rates? Every contractor or subcontractor employing workers on a public works project is required to post the applicable Prevailing Wage Rates in a conspicuous and accessible place in or about the work-site. Rates need to be posted for the duration of the job. Contractors and subcontractors who intentionally fail to post the PWR can be made ineligible to receive any public works contract for up to three years. Page 4 2uly 1988 COMMONLY ASKED QUESTIONS (Continued) g) What can I do about a contractor who is not complyinq with Oregon's PWR law? File a complaint with the nearest office of the Oregon Bureau of Labor and Industries or contact the Wage and Hour Division, Bureau of Labor and Industries, 1400 S.W. §th Avenue, Portland, Oregon 97201 (229-5750). Other Bureau offices are located in Bend (388-6330), Coos Bay (26g-4575), Eugene (686-7623), Medford (776-6013), Pendleton (276-7884) and Salem (378-3292). You may also complain to the contracting agency, which has the contractual authority to pay PWR claims directly to a contractor's or subcontractor's workers (ORS 27g.314). 10) What happens to contractors who do not comply with PWR statutes? Contractors and subcontractors who pay less than the Prevailing Wage Rates may be liable to the workers affected for the amount found due plus an equal amount as liquidated damages (ORS 27g.356). Contracting agencies also have the contractual authority to withhold payments due or to be due to the contractor or subcontractor in order to pay the unpaid prevailing wages directly to the worker (ORS 279.214). Contractors and subcontractors who intentionally refuse to pay the Prevailing Wage Rate to workers employed on public works or to post the PWR on the job site may be determined to be ineligible to receive any public works contracts for a period of up to three years (ORS 279.361). Workers employed by the contractor or subcontractors have a right of action against the surety of the prime contractor for any unpaid prevailing wages. A list is kept~ of all contractors, subcontractors, and other persons ineligible to receive public works contracts and subcontracts. When a contractor or subcontractor is a corporation, the individual officers and agents of the corporation can be debarred, in addition to the corporation. As a result, individuals who intentionally fail to pay or post the PWR are prevented from simply moving from one corporation to another. Il) How much do I pay apprentices? To qualify as an apprentice, the worker must be registered in a bona fide apprenticeship program of the U.S. Department of Labor, Bureau of Apprenticeship and Training (BAT) or with any State Apprenticeship Agency recognized by BAT. The apprentice is to receive all fringe benefits and a percentage of the journeyman's wage rate; the appropriate percentage shall be determined by the apprenticeship committee. All other workers receive rates as published. July 1988 Page 5 COMMONLY ASKED QUESTIONS (Continued) 12) What records must I kee~? For how lonq? Contractors and subcontractors are required to keep records necessary for determining if Prevailing Wage Rates were paid. These records must include the Payroll and Certified Statement Form (WH-28) as well as the following: The name and address of each employee; the work classification(s) of each employee; the rate(s) of wages and fringe benefits paid to each employee; the rate(s) of fringe benefit payments made in lieu of those required to be provided to each employee; total daily and weekly compensation paid to each employee; daily and weekly hours worked by each employee; apprenticeship and training agreements; any payroll and other such records pertaining to the employment of employees upon a public works contract. These need to be kept for a period of three (3) years from the completion of the public work contract. Records relating to public works contracts must be maintained separately from records relating to private projects/contracts. 13) What forms are public agencies required to file with the Bureau of Labor and Industries? Public agencies are required to prepare and file with the Commissioner of the Bureau of Labor and Industries a list of every public improvement that the agency intends to fund during the subsequent budget period (ORS 279.023[2]). If, after the original filing, the agency plans additional public improvements, a revised list is to be submitted (OAR 839-16-00812]). The "Notice of Award of Public Works Contract" is to be filed with the Wage and Hour Division within 30 days of the date when a contract is awarded which requires the payment of Prevailing Wage Rates (i.e., is regulated under ORS 279.348 to 279.365). Copies of the "Planned Public Improvement Summary" (Form No. WH-118), the "Capital Improvement Project Cost Comparison Estimate" (WH-119), and the "Notice of Award of Public Works Contract" (WH-81) can be found at the back of this booklet. 14) Does a contracting agency have any power to enforce payment of Prevailing Wage Rates on its public works projects? Yes. According to ORS 27g.314, all public contracts for work or services must contain a clause or condition permitting the contracting agency to pay a worker's past due wage claim, charging the payment against funds due or to become due to the contractor. Page 6 July 1988 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RATE BENEFITS TRADES RATE BENEFITS ASBESTOS WORKERS DREDGING Including insulation of piping and other mechanical o Leverman-H~draulic 19.49 4.67 surfaces, o Leverman-Dlpper 20.2/ 4.67 $15.40 $3./8 o Asst. Engineer (including: Watch BOILERMAKERS 19.67 4.50 Engineer, Welder, Mechanic, Machinist) 18.88 4.6/ BRICKLAYERS/Stonemasons o Tendeman (Boatman, Attending Area 1 18.28 3.68 Dredge Plan); Fireman 18.43 4.67 o Assistant tqate Area 2 16.25 3.88 (Deckhand); Oiler 18.04 4.67 Area 1 DRYWLRLL/WETWALL Baker Hood River Polk Waliowa o Drywall (Accoustical and Clackamas Malheur (al Sherman Wasco (b) Drywall Applicator) 15.95 4.02 Clatsop Marion Tillamook Washington o Wetwa11 (Lather) 15.10 4.87 Colun~)ia Morrow Umatilla Yamhi11 Gilliam Multnomah Union ELECTRICIANS Area 2 Area 1: Benton Douglas Josephine Linn o Electricians 16.33 3.15 Crook Grant Klamath Malheur (c) o Cable Splicers 17.96 3.22 Coos Harney Lake Wasco (d) Curry Jackson Lane Wheeler Area 2: Deschutes Jefferson Lincoln o Electricians 20.71 5.63 a) North half o Cable Splicers 21./5 5.66 b) North of the City of Maupin c) South half Area 3: d) Including the City of Maupin and South thereof o Electricians 16.50 4.94 CARPENTERS (see page 111 Area 4: CEMENT MASONS (see page 111 Where the cost of electrical work (labor and material) is less than or equal to $100,000: DIVERS & DIVERS' TENI)ERS , o Electricians 17.10 3.03 o Divers 42.96 3.67 o Cable Splicer 18.81 3.08 o Divers' Tenders 18.86 3.67 Where the cost of electrical work (labor and Depth Pay and Enclosure Pay are added to the material) is more than $100,000: Divers' Basic Hourly Rate to obtain the Total Hourly Rate for the diver, o Electricians 17.95 3.06 o Cable Splicer 19.75 3.11 BASIC HOURLY HOURLY DIVERS' HOURLY + DEPTH + ENCLOSURE : TOTAL Area 5: RATE PAY PAY HOURLY PAY o Electricians 19.80 4.29 o Divers' Depth Pay o Cable Splicers 20.55 4.32 Depth of Dive Hourly Depth Pay Area 6: 50-100 ft ([total ft- 50] x $1.00)/hr. o Electricians 16.95 4.11 100-150 ft $ 50 + ([total ft-IO0] x ~l.50)/hr. o Cable Splicers 18o65 4.16 150-200 ft$125 + ([total ft-150] x $2.00)/hr. Area 1 Area 2 Area 2(cont) Area 3 o Divers' Enclosure Pay(working without vertical escape) Malheur Baker Umatilla Coos Distance Travelled Gilliam Union Curry In the Enclosure Hourly Enclosure Pay Grant Wallowa Lincoln Morrow Wheeler Douglas (al 5 - 50 ft ~ .50/hr Lane (al 50 - 100 ft $ .63/hr lO0 - 150 ft $ 2.13/hr 150 - 200 ft $ 4.63/hr 200 - 300 ft $ 4.63 + ([total ft-2OO]x ~.05)/hr 300 - 450 ft $ 9.63 + ([total ft-3OO)x $.lO)/hr 450 - 600 ft $24.63 + ([total ft-450]x $.20)/hr July 1988 Page 7 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RATE BENEFITS TRADES RATE BENEFITS ELECTRICIANS (continued) LABORERS (see page 111 Area 4 Area 5 Area 6 LIMITED ENERGY ELECTRICIANS Benton Clackamas Harney May only be used for electrical work not Crook Clatsop Jackson exceeding 100 va: Deschutes Columbia Josephine Jefferson Hood River Klamath Area 1 9.50 2.28 Lane (bi Multnomah Lake Area 2 9.95 1.53 Linn Sherman Douglas (bi Area 3 9.44 2.00 Marion Tillamook Area 4 9.69 2.14 Polk Wasco Area 5 10.57 2.17 Yandli11(c) Washington Area 6 9.55 2.28 Yamhill (d) Area 7 9.88 1.77 Area 8 9.40 2.18 a) Those portions lying west of a line North Area 9 9.92 1.70 and South from the NE corner of Coos County Area 10 9.81 1.59 to the SE corner of Lincoln County Area 11 10.65 1.66 b) That portion lying east of a line running Area 12 12.78 1.69 North and South from the NE corner of Coos Area 13 10.79 2.04 County to the SE corner of Lincoln County Area 14 10.54 1.84 c) South half d) North half Area 1 Clatsop, Columbia, Tillamook ~ Clackamas, Multnomah, Washington ELEVATOR CONSTRUCTORS ~ea-~-~ Marion, Polk, Yamhill ~rea-~--4 Benton, Lincoln, Linn Area 1 ~ Lane ~ Douglas o Mechanic 18.88 4.33 + a ~ Coos, Curry o Helper 13.22 4.33 + a ~r~ Jackson, Josephine o Probationary Melper 9.44 - ~ Hood River, Sherman, Wasco ~rea-~-~-~[O Crook, Deschutes, Jefferson Area 2 )F~-l~rKlan~th, Lake ~ea-~--T~ Gilliam, Grant, Morrow, Umatilla, o Mechanic 19.45 3.88 + a -~ Wheeler o Helper 13.62 3.88 + a Area 13 Baker, Union, Wallowa o Probationary Helper 9.73 - ~Harney, Malheur a) Plus 10.8% of basic hourly rate for LINE CONSTRUCTION en~)loyees with more than 5 years of service; 8.8'~of basic hour!y rate for 6months Area 1 to 5 years of service. -~ 1 (Base Rate): o Group 1 21.68 4.31 Area 1 Area 2 o Group 2 19.59 4.24 o Group 3 15.35 4.09 Umatilla All o Group 4 16.89 3.34 Wallowa Remaining o Group 5 14.78 3.27 Union Counties o Group 6 13.gO 3.24 Baker Zone DiFferential (Add to Zone 1 Rate) GLAZIERS Zone 2 2.40 Zone 3 3.15 Area 1 17.77 3.08 Zone 4 3.90 Area 2 13.76 1.72 Zone 5 5.15 Area I Area 2 Group 3 receives Zone I Rate ONLY All Counties Malheur (No Zone Differential) except Malheur Area 2: IRONWORKERS ~ble Splicers 18.06 2.88 o Journeyn~)n Linenan 16.42 2.82 o Structural, o Line Equip. Mech. Reinforcing, (Right-of-way) 15.55 2.79 Ornamental, o Line Equip. Oper. 14.81 2.77 Riggers, o Line Equip. Srvo~an 14.57 2.76 Fence Erectors, o Groundman ll.55 2.65 Signal Men 18.26 5.81 July 1988 Page 8 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RATE BENEFITS TRADES RATE BENEFITS LINE CONSTRUCTION (continued) PLASTERERS Area 1 Area 1 17.35 4.02 --AFT-counties except Malheur County Area 2 16.93 4.01 Zone 1: 0 to 3 miles from the geographical Area 1 Area l(cont) Area l(cont) Area 2 center of Medford and Portland Zone 2: 0 to 20 miles from the geographical Benton Deschutes Lincoln (b) All center of Astoria, Baker, Burns, Bend, Coos Harney Linn (b) remaining Corvallis, Eugege, Klamath Falls, Crook Jefferson Wasco (b) counties Lakeview, Longvlew, Pendleton, Salem, Curry Klamath (a) Wheeler (b) Roseburg, The Dalles, Umatilla (NOTE: Douglas Lane for Portland and Medford, Zone 2 is 3 to 20 miles) a) Northern one-third b) South half Zone 3: 20 to 35 miles radius Zone 2[? 35 to 50 miles radius PLUMBERS & STEAMFITTERS/PIPEFITTERS Zone ~ Over 50 miles radius Area 1 (Both) 19.08 4.85 Group 1 ?oup 2 Area 2 (Both) 21.75 4.91 Area 3 (Both) Cable Splicers Certified Lineman Welder -on projects less than 20.000 sq. ft. Leadman Pole Heavy Line Equipment Man 1§.70 3.13 Sprayer Lineman -on all other projects Pole Sprayer 17.25 4.00 Group 3 Group 4 Area 1 Area 2 Area 3 Tree Trimmer Line Equipment Man Baker Grant (b) All remaining counties Harney (a) Morrow Group 5 Group 6 Malheur Umatilla Wallowa Head Groundman Groundman Union Jackhammer Man a) Except Northwest Portion Powderman b) Except Southwest Corner Area 2 POWER EQUIPMENT OPERATORS (see page 11) ~lheur County ROOFERS MARBLE SETTERS (Includes Granite) Area 1: Area 1 19.28 3.68 o Roofers 14.85 3.70 o Handling coal tar Area 1 pitch 16.34 3.70 ~ Hood River Sherman Wallowa Clackamas Malheur (al Tillamook Wasco (bi Area 2: Clatso~ Morrow Union Washington o Roofers 14.75 2.22 Col~la Multnomah Umatilla Yamhill (al o Application or removal Gilliam of coal tar products 16.75 2.22 a) North half Area 3: b) North of the City of Maupin o Roofers 13.05 2.70 (When working with coal tar, add $1.50 PAINTERS & DRYWALL TAPERS for each hour of regular and overtime.) Area 1 Area 4: o Painter & Drywall Tapers 12.02 2.01 o Roofers(a) 14.75 3.10 Area 2 Area 5: o Brush 13.21 3.26 o Roofers(a) 17.38 2.55 o Spray, sandblasting, other pressure blasting over (al When working with Irritable Bituminous mater- 3000 psi, and ials, add $2.00 for each hour of regular and steam cleaning 13.71 3.26 overtime. o Wall covering including: Area 1 Area l(cont) Area 2 Area 2(cont) paper hanging, gilding, and mural painting )3.71 3.26 Baker Multnemah Benton Klamath o Bridges or Over 50' Clackamas Sherman Coos Lake -Brush 13.96 3.26 Clatsop Tillamook Crook Lane -Spray 14.46 3.26 Colunt)ia Wasco Curry Lincoln o Drywall Tapers 15.48 4.05 Jefferson Washington Deschutes Linn Gilliam Wheeler Douglas Marion Area I Area 2 Grant Harney Polk Ma--~l~-~r County Remaining Counties Hood River Jackson Yamhill Josephine July 1988 Page 9 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RATE BENEFITS TRADES RATE BENEFITS ROOFERS (continued) TENDERS TO PLASTERERS Area 3 Area 4 Area 5 o Where the cost of the plastering work (labor ~a-Th-~r [kna--l-FTla )~)rrow and material) is less than $200,000: Union Wallowa 12.05 3.65 SHEETMETAL WORKERS o Where the cost of the plastering work (labor and material) is more than $200,000: Area 1 Building Trades Journeyman 16.90 4.51 13.56 3.65 Architectural (al Journeyman 14.74 3.81 TILE SETTERS Area 2 16.40 3.01 Area 3 18.86 4. ll Area 1 17.)0 3.55 Area 4 15.98 2.10 Area 5 16.13 2.70 Area 2 16.05 2.65 Area 1 Area 1 Area l(cont) Area 2 Area 2(cont) Benton Gilliam Linn Tillamook Baker Polk Benton Josephine Clackamas Grant Marion Wasco Clackamas Sherman Coos Klamath Clatsop Harney Multnomah Washington Clatsop Tillamook Crook Lake Columbia Hood River Polk Wheeler Colunt)la Umatilla Curry Lane Crook Jefferson Sherman Yamhill Gilliam Union Oeschutes Lincoln Deschutes Lincoln Hood River Wallowa Douglas Linn Malheur(a) Wasco (bi Grant Malheur (c) Area 2 Area 3 Area 4 Area 5 Marion Washington Harney Wasco (d) ~ Morrow Coos Dbuglas Morrow Yamhill Jackson Wheeler Malheur Umatilla Curry Klamath Multnomah Jefferson Union Lane (bi Lake Wallowa Lane (c) a) North half c) South half Jackson b) North of Maupin d) Maupin and south thereof Josephine TILE & TERRAZZO NELPERS a) Architectural work is a job-site exterior work only on gutters, downspouts, scuppers, con- Area 1 13.32 2.20 ductor heads, flashing, metal roofing and siding, including job-site rol1 formed, deck}ng, louvers, gravity type ventilators, facia, soffits, window Area 1 wall, column covers, pre-engineered metal buildings and sandwich type wall systems such Baker Hood River Sherman Wallowa as Alucobond, Robertson, Molenco or Inryco. Clackamas Malheur (al Tillamook Wasco (bi Clatsop Morrow Umatilla Washington b) West of Coast Range c) East of Coast Range Columbia Multnomah Union Yamhill (al Gilliam SOFT FLOOR LAYERS a) North half b) North of Maupin Area 1 15.15 3.40 + b Area 2 12.99 2.01 TRUCK DRIVERS (see Page 111 b) plus 4% of basic hourly rate for ~nployees WELDERS~ RICe, ERS with less than one year of service, 6% for those with more than one year. Receive rate for craft performing operation to which welding and rigging are incidental. Area 1 - All counties except Malheur County Area ~ - Malheur County *********************** SPRINKLER FITTERS 20.30 3.75 TENDERS TO MASON TRADES Tenders for Bricklayers, Tile Setters, Marble Setters and Terrazzo Workers; Topping for Cement Finishers and Morter Mixers. o Where the cost of brick and block masonry work (labor and material) is less than $200,000 (this rate not applicable to fire brick, refractory material, cleaning, pointing, caulking or restoration work): 12.05 3.65 o All Other Work 14.05 3.65 July 1988 Page 10 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RATE BENEFITS TRADES RATE BENEFITS CARPENTERS~ CEMENT HASONS~ LABORERS~ POldER CARPENTERS (See preceding column for description EI~IJIPMENT OPERATORS and TRUCK DRIVERS of when the lower rates may be used) Under the following circumstances a rate lower LESS THAN then the basic hourly rate may be used for 100% 100% these five trades: Zone 1 (Base Rate):* The lower rate applies to all public works o Group 1 14.54 17.52 3.67 projects of less than $1.0 million. The lower o Group 2 14.66 17.67 3.67 rate also applies to projects under $1.5 million o Group 3 14.74 17.77 3.67 involving the construction, reconstruction, major o Group 4 14.86 17.92 3.67 renovation or painting of buildings, bridges or o Group 5 14.62 17.62 3.67 docks. (When the amount is between $1.O and $1.5 o Group 6 14.70 17.72 3.67 million the work done on a building, bridge or dock must constitute at least 20% of the total *NOTE: Zone rates for Carpenter Groups 1 and 2 are listed in the preceding column. project price to use the lower rates.) In determining the $1.5 million figure, do not Zone rates for Carpenter Groups 3 include the cost of underground utilities---~i.e.~ through 6 are listed below. the amount of the contract dedicated to facilities for electricity, water, gas. seweraoe including Zone Differential for Groups 3 through 6 Only storm water, and communications) which are five (Add to Zone 1 Rate) feet or more outside of and away from the building, bridge or dock and are subordinate and Zone 2 .85 incidental to the major purpose of the project. Zone 3 1.25 Zone 4 1.70 NOTE: In determining whether or not the lower Zone 5 1.95 rates are applicable, consider the total Zone 6 2.80 roject cost, and not the cost of any ndividual contract (or schedule) within Zones for Groups 3, 4~ 5 and 6 Carpenters are that project, determined by the distance between the project site and either 1) the worker's residence or 2) City Hall of a reference city for the appropriate group shown below, whichever is ZONE RATES AND DESCRIPTIONS closer. Zone Differential for Carpenters (Groups 1 and Zone 1: 0-30 miles. 2 only), Laborers, Power Equipment Operators ~ 30-40 miles. ~h~uck~ ~ 40-50 miles. ~ 50-60 miles. (Add to Zone 1Rate)~ LF6~-57 60-70 miles. ~ Over 70 miles. Zone 2 .65 Zone 3 1.15 Cities for Groups 3 and 4 Zone 4 1.70 Zone 5 2.75 Corvallis Longview North Bend The Dalles Eugene Medford Portland Zone l: Projects within 30 miles of City Hall in the Cities listed below. Cities for Groups 5 and 6 Zone 2: More than 30 miles but less than 40 miles. Astoria Eugene Newport Salem Zone 3: More than 40 miles but less than 50 Bend Klamath Falls Portland The Dalles miles. Coos Bay Medford Roseburg Zone 4: More than 50 miles but less than 80 miles. Group 1 Group 2 Zone 5: More than 80 miles. Auto. Nailing Machine Floor Layers & Finishers Cities Carpenters Stationary Power Saw Form Stripper Operators Albany Eugene Longview Portland Manhole Builders Wall & Ceiling Insulators Astoria Goldendale Madras Port Orford Baker Grants Pass Medford Reedsport §roup 3 Group 4 Bend Hermiston McMinnville Roseburg Brookings Hood River Newport Salem Millwrights Certified Welders Burns Klamath Falls Oregon City The Dalles Machine Erectors Coos Bay LaGrande Ontario Tillamook Corvallis Lakeview Pendleton Group 5 Group 6 Bridge, Dock & Wharf Boom Men Builders Piledrivermen July 1988 Page 11 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RATE BENEFITS TRADES RATE BENEFITS CEMENT MASONS1 I~RBORERS (continued) LESS THAN ~oup 1 100% 100% Asphalt Plant Laborers General Laborer Zone 1 (Base Rate): Asphalt Spreaders Guardrail. Median o Cement Masons 13.35 16.tg 4.72 Batch Weighman Rail Broomers Leverman or Aggregate o Composition Workers (includes installation Brush Burners/Cutters Spreader (d) of epoxy & other resinous toppings), and Carpenter Tender Material Yard Man (e) Power Mach. Oper. Car & Truck Loaders Powderman Tender 13.61 16.51 4.72 Change-House Man Railroad Track Laborers Choke Setter Ribbon Setters (fl Zone Differential for Cement Masons Chipper Operator (al Rip Rap Man (Hand (Add to Zone 1 Rate) Clean-up Laborers *** Placed) Concrete Laborers Road Pump Tender Zone 2 .65 Culvert (hand labor) Sewer Laborer Zone 3 1.15 Curing, concrete Signalman Zone 4 1.70 Demolition, wrecking Sklpman Zone 5 2./5 and moving *** Slopers Driller Tender Sprayman Zone 1: Projects within 30 miles of City Hall Dry-shack Man Stake Chaser in the cities listed below. Dumpers, road oiling Stockpiler Zone 2: More than 30 miles but less than 400 crew Timber Failer/Bucker miles. Dumpmen for grading (Hand Labor) Zone 3: More than 40 miles but less than 50 crew Toolroom Man (Job site) miles. Elevator Feeders Tunnel Bull Gang Zone 4: More than 50 miles but less than 80 Fine Graders (Above Ground) miles. Fire Watch Weight-Man-Crusher (gl Zone 5: More than 80 miles. FomStrippers (b) Cities a) Pittsburg or similar types b) Not swinging stages Astoria Eugene Newport Roseburg c) Reference Post, Guide Post, or Bend Klamath Falls Pasco Salem Right-of Nay Marker Coos Bay Longview Pendleton The Oalles d) Flaherty, Loading Spotters or similar types Corvallis Medford Portland Vancouver e) Including electrical f) Including steel forms LABORERS! g) Aggregate when used LESS THAN **w Laborers can tear off roofs, clean up or 100% 100% handle roofing materials only when at least one new story is added or in demolition work, where Zone 1 (Base Rate):2 no reroofing will occur. o Group 1* 10.67 12.84 4.65 9 Group 2 10.95 13.19 4.65 Group 2 o Group 3 11.19 13.49 4.65 o Group 4 11.39 13.74 4.65 Applicators (al Gunite or Pot Tender o Group 5 8.00 8.00 4.65 Brush Cutters (b) Handlers/Mixers (fl Burners Post Hole Digger, Air, Choker Splicer gas or electric Clary Power Spreader(c) Power Tool Operators (gl · Group 1 Laborers who 8.76 4.65 Clean-up Nozzleman Sand Blasting (wet) meet the following Green Cutter (d) Stake Setter description only: Concrete Power Buggyman Tampers Crusher Feeder Tunnel Muckers/Brakeman/ Grou~ 1 Laborers (not involved in the Demolition/Wrecking (e) Concrete Crew/Bull pouring of concrete) on projects of less Grade Checker Gang (underground) than $1.0 million involving the con- Granite Nozzleman struction, reconstruction, major renovation Tender or painting of buildings. (The work done on a building must consti{ute at least 20% of a) Including Pot Tender for same, applying the total project price to use this rate.) protective material by hand or nozzle on In determining the $1.0 million figure, do utility lines or storage tanks on project not include the cost of underground b) Power saw u--~Tl~ties (i.e. the amount of the contract c) And similar types dedicated to facilities for electricity, d) Concrete, rock, etc. water, gas~ sewerage including stomwater, e) Charred Materials and communications) which are five feet or f) Of all materials of an irritating nature more outside of and away from the building including cement and lime and are subordinate and incidental to the g) Includes, but not limited to: Dry Pack major purpose of the project. Machine, Jackhammer, Chipping Guns, Paving Breakers, Vibrators (less than 4" diameter) 1 See page 11 for description of when rates less than 100%may be used 2 See page 11 for zone rates and descriptions ~uly 1988 Page 12 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RAlE BENEFIlS lRADES RAlE BENEFITS LABORERS (continued) POWER EQUIPMENT OPERAIORS (continued) ~roup 3 Group 1 Asbestos Removal Power Saw Operators (d) Assistant Conveyor Partsman (tool room) Asphalt Rakers Punq)crete Nozzleman Operator Pun~3 Operator (al Bit Grinder Sand Blasting (dry) Brakcanan/Switchrnan Oiler (bi Concrete Saw Operator Sewer Pipe Layers Crusher Feederman Scaffolding Operator (c) Drill Doctor Sewer Tint)erman Deckhand Switchman Drill Operators (al Track Liners (el Guardrail Punch Oiler Gunite Nozzleman Tugger Operator High Scalers, Tunnel-Chuck Tenders, a) Under 4 inches Strippers, Drillers(b) Nippers, Timberman b) Including Plant, Crane, Crusher, Guardrail Laser Beam (c) Vibrator (4" and larger) Equipment, and Trenching Machine Manhole Builder Water Blaster c) Self-propelled Powdermen Welder Group 2 a) Air Tracks, Cat Drills, Wagon Drills~ Rubber-mounted drills, and other similar A-Frame Truck Helicopter Radioman types Operator (al (Ground) b) Covers work in Swinging Stages. chairs Auger Oiler (fl or belts, under extreme conditions unusual Blade Operator (bi Roller Operator ( ) tO normai drilling, blasting, barring-down, Boatnan Tar Pot Fireman (~) or sloping and str~pping Crane Fir~wnan (c) lemporary Heating Plant c) Pip? laying, applicable when employee Driller Tender Operator assigned to move. set up, align Laser Beam. Fork Lift or Lumber Truck Crane Oiler/ d) Bucking and falling Stacker (d) Driver e) Anchor Machines, Ballast Regulators, Grade Checker Tugger or Coffin type Multiple Tan~)ers, Power Jacks Grade Oiler (el Hoist Operator Heavy Duty Repairman Welder's Tender Group ~ lender Laser Beam (Tunnel), applicable when enq)loyee a) Single drum assigned to move, set-up, align laser beam b) Pulled type Tunnel Miners c) All equipment except floating Tunnel Powderman d) On job site e) Required to check grade §roup.5 f) Including combination guardrail machines g) Grading of base rock (not asphalt) Fence Builder h) Including power agitated type Flagger ~ i) 25 ton capacity and over Landscaping or planting laborer Group ~ POWER EQUIPMENT OPERATORS1 Air Filtration Hydrographic Seeder LESS THAN Equipment Machine (el 100% 100/, Asphalt Plant Fireman Hydrostatic Ptanp Ballast Jack Tan~)er Mixer Box Operator (fl Zone 1 (Base Rate):2 Bell Boy, Phones, etc Motorman o Group 1 12.79 15.99 4.67 Broom Operator (al Pugni11 Operator o Group 2 12.94 16.17 4.67 Bucket Elevator (any type) o Group 3 13.06 16.33 4.67 Loader (bi Pump Operator (g) o Group 4 13.22 16.53 4.67 Cement Hog Ross Carrier Operator (hi o Group 5 13.26 16.57 4.67 Co~)ressor Operator (c) Tamping Machine (il o Group 6 13.34 16.68 4.67 Concrete Saw and Truck-mounted Asphalt o Group 7 13.40 16.75 4.67 Concrete Curing Spreader (with screed) o Group 8 13.51 16.89 4.67 Machine (d) Welding Machine Operator o Group 9 13.58 16.98 4.67 Conveyor Operator Wire Mat or Brooming o Group l0 13.65 )7.06 4.67 Hydraulic Pipe Press Machine Operator o Group tl 13.66 17.08 4.67 o Group 12 13.74 17.18 4.67 a) Self-propelled on job site o Group 13 13.82 17.28 4.67 b) Barber Greene and similar type o Group 14 14.02 17.52 4.67 c) Any power, under 1250 cubic feet total o Group 15 14.)7 17.71 4.67 capacity o Group 16 14.37 17.96 4.67 d) Riding type o Group 17 14.53 18.16 4.67 e) Straw, pulp or seed o Group 18 14.73 18.41 4.67 f) C.T.B. Orybatch, etc. o Group 19 14.87 18.59 4.67 g) Any power, 4 inches and over On job site Mechanical self-propelled 1 See page 11 for description of when rates less than lO0%may be used 2 See page 11 for zone rates and descriptions July 1988 Page 13 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RATE BENEFITS TRADES RATE BENEFITS POldER EQUIPMENT OPERATORS (continued) POldER EQUIPMENT OPERATORS (continued) Group ~ ~oup 7 Co~)ination Mixer & Helicopter Hoist Operator A-Frame Truck (al Grouting Machine ConN)ressor (al Hydra Hammer or similar Ballast Regulator Hydraulic Backhoe (el Conq)actor, including types Ballast Tamper (bi Locomotive, 40 tons & Vibratory Locomotive, under 40 tons Beltcrete over Compressor (Any Lull Hi-Lift Operator (d) Boom Truck Pot Rammer Power (bi Pavement Breaker Churn Drill/ Earth Pumpcrete Operator (any Concrete Mixer Pump Operator (el Boring Machine type) Operator (c) Roller Operator, Oiling Concrete Mixer (c) Roller (any asphalt mix) Floating Equipment C.T.B. Concrete Pump Shuttle Car Fireman Screed Operator Elevating Grader (d) Tie Spacer Fork Lift, over 5 ton Service Oiler (Greaser) Fuller-Kenyon and Tower Mobile Operator similar Track Liner a) Gunnite work b) Over 1,250 cu. ft. total capacity a) Double drum c) Single drum, under five bag capacity b) Multiple purpose d) Or similar type c) Single drum, five ~ag capacity and over e) More than 5 (any size) d) Tractor towed requiring operator or grader e) Wheel type 3/8 cu. yds. and under with or Group 5 without front end attachment 2 1/2 cu. yds. and under (Ford, John Deere, Case type) Chip Spreading Machine Pulva Mixer or similar Operator types Group B Concrete Batch Plant Slip Form Pumps, power Quality Control driven hydraulic Asphalt Paver Operator Diesel-Electric Operator lifting device for Batch Plant and/or Engineer (c) Elevator Operator concrete forms wet-mix (al Generator Operator Extrusion Machine Sweeper, Wayne type (bi Belt Loader (bi Hoist, single drum Tractor (c) Lime Spreading (al Trenching Machine (d) a) One and two drum Power Jumbo, setting Wagner Pactor (el b) Kolman and Ko Cal types slip forms, etc. in c) Plant, Crusher, Generator, Floating tunnels. Group g a) On job site Self-propelled on job site Asphalt Plant Operator Guardrail Punch and ~I Rubber-tired 50 H.P. flywheel and under Bolt-Threading Machine Auger (d) d) Maximum digging capacity 3 ft, depth Boom-Type Lifting H.D. Mechanic and Welder e) Or similar type without blade Device (al Hammer Operator Boring Machine Hydraulic Backhoe (el Bulldozer Lift Slab Machine Group ~' Cherry Picker (al(b) Loader (fi Asphalt Burner and Concrete Spreader Chicago Boom (c) Machine Tool Operator Reconditioner Curb Machine (bi Compactor with Blade Pipe Cleaning, Doping, Cast-In Place Pipe Loaders (c) Concrete Cooling Bending and wrapping Laying Machine Maginnis Internal Full Machine Machines Concrete Finishing Slab Vibrator Crusher Plant Operator Side-boom Cat Machine (Al Pavement Grinder and/or Drill Cat Operator Stationary Drag Scraper Concrete Joint Machine Grooving Machine (d) Drill Doctor Surface Heater and Planer Concrete Paving Machine Rock Spreaders (el Drill Doctor (Bit Tractor (gl Concrete Planer Grinder) Tractor (hi Grizzly Crusher Trench Machine (ii a) Clary, Johnson, Bidwell, Burgess, Bridges Deck or similar type a) 5 ton capacity or less b) Mechanical Berm, Curb and/or Gutter b) Or similar type crane-hoist c) Rubber-tired type, 2 1/2 cu. yds. and under c) And similar types d) Riding type d) All types e) Self-propelled e) Track type 3/8 cu. yds. f) Front end and overhead, 2 1/2 cu. yds. and under 4 cu. yds. g) With boom attachments h) Rubber-tired over 50 H.P. flywheel i) Maximum digging capacity over 3 ft. depth July lgBB Page 14 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RAIE BENEFITS TRADES RATE BENEFITS PObJER EQUIPMENT OPERATORS (continued) POI~ER EQUIPMENT OPERATORS (continued) Group l0 Group 14 Barge Operator, Cempactor, multi-engine self-loading Dozers and Pushers (c) Rubber-tired Scraper (al Bulldozer (al Driller (d) Tower Crane Operator Cable Plow (any type) Jack Operator/Elevating C~ination H.P. Barges a) With Tandem Scraperst self-loading, Paddle Mechanic-Welder (bi Wheel, Auger type, finish and/or 2 or more units a) Twin engine (TC 12 and similar) b) With dispatcher and/or required to do both Group 15 c) Rubber-tired !Michigan, Cat, Hough type) d) Percussion, Diamond, Core, Cable, Rotary Loader, 4 cu. yds., but less than 6 cu. yds. and similar type Rock Hound Operator §roup..11 Group 16 Clamshell,Hoe, etc.(a) Oragline Autograder or Floating Crane (Derrick Combination Guardrail Grade-Ails (al "Trimmer" Barge) (c) Machines (bi Mixer ~obile Automatic Concrete Loader (d) Concrete Breaker Mucking ~achine (tunnel) Slip Form Paver Rubber-tired Scraper (el Crane Operator (c) Shovel Cableway (al Shovel (fl Concrete Canal Line Tandem Bulldozer (gl Wheel Excavator (hi a) Under 1 cu. yd. Crane (bi b) i.e., Punch, Auger, etc. Floating Clamshell, Whirley, 80 ton and under c) 25 tons and under etc., 3 cu. yds. and over Group 1~ a) 25 tons and over Batch Plant and/or Paddle Wheel, Auger Type b) Over 40 ton and including 100 ton Wet Mix (al Piledriver (not crane c) 30 ton but less than 80 ton Blade Mounted type) d) 6 cu. yds., but less than 12 cu. yds. Spreaders (b) Reinforced Tank Banding e) With Tandem Scrapers, multi-engine Blade Operator I~achine (K-17 or f) 3 cu. yds., but less than 5 cu. yds. Elevating Loader (c) similar) g) Quad-nine and similar Hoist, two or more Rubber-tired Scraper (d) h) Under 750 cu. yds. per hour drums Shield Operator Single Scraper (el Group 17 a) 3 units or more Canal Trimmer Loader (c) b) Ulrich and similar types Crane (al Shovel, etc. (d) c) Athey and similar Floating Crane (bi Whirley (el d) Single and twin engine e) With Push-pull attachments, self loader a) Over 100 ton and including 200 ton b) Derrick Barge, 80 ton, but less than 150 ton c) 12 cu. yds. and over Group 13 d) 5 cu. yds. and over Back Filling Machine Derrick, under 100 tons e) Over 80 ton and including 150 ton Blade (al Elevating Grader (el Blade, multi-engine Floating Clamshell,etc.(f) Group 18 Blade Operator, finish Floating Crane (gl Bridge Crane Grade-all, 1 cu. yd. Band Wagons (al Wheel Excavator (d) Operator (bi and over Crane (bi Whirley (el Cableway Operator (c) Hoist (hi Floating Crane (c) Concrete Paving Road Piledriver Operator Mixer Shovel, etc (il a) In conjunction with Wheel Excavator Crane (d) b) Over 200 ton c) 150 ton but less than 250 ton a) Externally controlled by electronic, d) Over 200 ton mechanical hydraulic manes e) 150 ton and over b) Locomotive Crane, Gantry and Overhead c) 25 ton and over Group lg d) Over 25 ton and including 40 tons e) Operated by Tractor Operator, Sierra, Eculid, Floating Crane (al Remote Controlled Earth or similar Helicopter (bi Moving Equipment f) Under 3 cu. yds. Under Water Equipment (c) g) Derrick Barge, less than 30 ton h) Stiff Leg, Guy Derrick, or similar, 50 tons MI 250 ton and over and over ~, When used in erecting work i) 1 cu. yd. and less than 3 cu. yds. c) Remote or otherwise July 1988 Page 15 BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RATE BENEFITS TRADES RATE BENEFITS TRUCK DRIVERS1 TRUCK DRIVERS (Continued) LESS THAN Lumber Carrier. Driver-Straddle 100% 100% Carrier--used Jn loading, unloadin9 and transportation of material on job Zone 1 (Base Rate):2 site .................... 4 o Group 1 12.59 15.23 4.70 o Group 2 12.63 15.28 4.70 Oil Distributor Driver or Levennan ..... 4 o Group 3 12.67 15.33 4.70 o Group 4 12.71 15.38 4.70 Pilot Car ................. 1 o Group 5 12.75 15.43 4.70 o Group 6 12.83 15.53 4.70 Slurry Truck Driver or Leverman ...... 3 o Group 7 12.gl 15.63 4.70 o Group 8 12.99 15.73 4.70 Solo Flat Bed and Risc. Body Trucks-- o Group 9 13.O7 15.83 4.70 0-10 tons ................. 1 o Group l0 13.21 16.00 4.70 o Group ll 13.29 16.10 4.70 Transit Mix and Wet or Dry Mix Trucks: o Group 12 13.37 16.20 4.70 5 cu. yds. and under 1 o Group 13 13.45 16.30 4.70 Over 5 cu. yds. and i~c] ~ ~u] ~d~ ] ] ] 5 o Group 14 13.53 16.40 4.70 Over 7 cu. yds. and inc. 9 cu. yds. . . 6 Over 9 cu. yds. and inc. ll cu. yds... 7 Work Group Over ll cu. yds. and inc. 13 cu. yds. . 8 Over 13 cu. yds. and inc. 15 cu. yds. . g A-Frame or Hydra-lift Truck w/load bearing surface ............. 2 leam Drivers ................ 2 Battery Rebuilder ............. 1 Tireman, full-time basis .......... 3 Bus or Man-Haul Driver ........... 1 Truck Helper ................ 1 Concrete Buggies (Power operated) ..... 1 lruck Mechanic-.-Welder--Body Repairman... 6 Drivers and Helpers handling Sacked Truck Mechanic Helper ........... l Cement--add 15~ per hour Water Wagons (Rated Capacity) up to: Dun~) Trucks, Side, End and Bottom 1600 gallons 1 Dumps, including Semi-Trucks and 1600 to 3000 ~ail~n~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3 trains or c~inations thereof: 3000 to 5000 gallons .......... 4 6 cu. yds. and under .......... 1 5000 to 7000 gallons .......... 6 Over 6 cu. yds. and inc. 10 cu. yds. 3 7000 to lO,DOD gallons ......... 7 Over l0 cu. yds. and inc. 20 cq.. yds. 6 lO,OD0 to 15,OO0 gallons ........ 8 Over 20 cu. yds. and inc. 30 cu. yds. 7 Over 30 cu. yds. and inc. 40 cu. yds. 8 Winch Truck--takes classification of Over 40 cu. yds. and inc. 50 cu. yds. 9 truck on which winch is mounted Over 50 cu. yds. and inc. 60 cu. yds. . lO Over 60 cu. yds. and inc. 70 cu. yds. . !1 Over 70 cu. yds. and inc. 80 cu. yds. . 12 Over 80 cu. yds. and inc. 90 cu. yds. . 13 Over 90 cu. yds. and inc. 100 cu. yds.. 14 Dgn~)sters or Similar Equipment--all sizes ................... 5 Flaherty Spreader Driver or Levennan .... 4 Lift Jitneys, Fork Lifts--all sizes--used in loading, unloading & transporting material on job site ............ 1 Loader and/or Levenman on Concrete Dry Batch Plant, manually operated ....... 1 Low Bed Equipment, Flat Bed Semi- Truck and Trailer or Doubles trans- porting equipment or wet or dry materials ................. 4 Lubrication Man, Fuel Truck Driver, Driver, Tireman~ Wash Rack, Stea~n Cleaner or conl)lnation ........... 2 1 See page 11 for description of when rates less than 100%may be used. 2 See page ll for zone rates and descriptions. July 1988 Page 16 Bureau of Labor and Industries PAYROL[ Payroll and Certified Statcmont Wage and Hour Division (For Contractor or Subcontractor's Use; See Instruction, Form WH-38A (3/84)) Form - For Use in Complying with ORS 279.354 I'OR-~[-E-~-~}IDING CONTRACTING AGENCY PROJECT AND LOCATION PROJECT OR CONTRACT NO. DATE CONTRACT SPECIFICATIONS FIRST ADVERTISED FOR BID -l (1) Phone ( ) (2),~ (3) (4) DAY AND DATE (5) (6) (7) {8) z WORK ~ TOTAL RATE GROSS DEDUCTIONS INAME, ADDRESS, AND SOCIAL SECURITY ~ ~ CLASSIFICATION ~ HOURS OF PAY AI.iOUNT FICA FEDERAL STATE OTHER TOTAL ~AG[ o~ (include group c> EARNED WITH- WITH- DEDUC- PAID HIIMBER OF EMPLOYEE ~ ~ number if HOLDING HOLDING TIONS FOR ~ u~ applicable) HOUItS W)RKE) [A~;H D~[Y TAX TAX WEEK ) 0 0 S 0 0 S 0 S 0 S 0 $ CERTIFIED STATEMENT I. , (4) That: ',q(]l~]ne or signatory party) (Title) (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS In addition to the basic hourly wage rates paid to each worker li~ted Uo hereby state: in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate (1) That I pay or supervise the payment of the persons employed by programs fer the benefit of such employees, except as noted in Section 4(c) below. on the (b) WHERE FRINGE BENEFITS ARE PAiD IN CASH -[~ontractor, subcontractor or surety) (Building or work) Each worker listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of ; that during the payroll co~mencing on the the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted day of , 19 , and ending the day of in Section 4(c) below. (c) EXEMPTIONS , 19 , all persons employed on said project have been raid the full weekly wages e~rned, that no rebates have been or will be made EXCEPTION (CRAFT) EXPLANATION either directly or indirectly to or on behalf of said (Contractor, subcontractor or surety) _._ from the full weekly wages earned by any person and that no deductions have been __ .wade either directly or indirectly from the full wages earned by any person, other than permissibl.e deductions as specified in ORS 652.610, and described below: REMARKS (2) That any payrolls otherwise under this contract required to be submitted I have read this certified statement, know the contents thereof and it is for the above period are correct and complete; that the wage rates for workers true to my knowledge. __ contained therein are not less than the applicable wage rates contained in any NAME AND TITLE SIGNATURE wage determination incorporated into the contract; that the classifications set forth therein for each worker conform with work performed. (3) That any apprentices employed in the above period are duly registered in a bona fide al~prenticeship program registered with a State apprenticeship agency ~ Contractor ~ Subcontractor F-----l Surety ~ recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with t!le Bureau of Apprenticeship and Training, United States Department of Labor. File this form with the contracting agency and send a true copy to the Bureau of Labor and Industries, 1400 SW Fifth Ave., Portland, OR 97201 FORM WH-3~ (3/$4) BUREAU OF LABOR AND INDUSTRIES - WAGE AND HOUR DIVISION INSTRUCTIONS FOR COMPLETING PAYROLL AND CERTIFIED STATEMENT FORM, WH-38 (Rev 3/84) General: This form meets needs resulting from the 1983 amendments to the ~ing Wage Rate Law. Under this amended law, the contractor is required to ay not less than fringe benefits as predetermined by the Bureau of Labor and ndustries, in addition to payment of not less than the predetermined rates. The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to the various plans, funds, or programs or by making these payments to the employees as cash in lieu of fringes. This form provides for the contractor's showing of the payroll and all monies paid to the employees, whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the certified statement that he/she is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the form follow: Fill in all boxes at top of form. Be sure to enter the date the contract was first advertised for bid by the contracting agency. This date should appear on the bid documents. Column 1 - Name~ Address~ and Social Security nu~er of Employee: The employee's full name must be shown on each payroll submitted. The employee's address must also be shown on the first payroll submitted. The address need not be shown on subsequent payrolls unless the address changes. Although not required, space is available in the name and address section so that Social Security numbers may be listed. Column 2 - Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement. Column 3 - Work Classifications: List classification descriptive of work actually performed by employees. Include group nu~er when appropriate. Consult classifications and minimum~wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown of hours so worked is maintained and shown on submitted payroll by use of separate line entries. Column 4 - Hours Worked: Enter as overtime hours all hours worked in excess of 8 hours per day, all hours worked on Saturday and Sunday and hours worked on legal holidays as defined in ORS 279.334. Column 5 - Total: Self-explanatory. Column 6 - Rate of Pa~ including Fringe Benefits: In straight time box, list actual hourly rate paid the employee for straight time worked plus any cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of f~inges may be shown separately from the basic rate, thus $12.50/2.35. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. Payment of not less than time and one half the basic or regular rate paid is required for overtime under ORS 279.334. In addition to paying not less than the predetermined rate for the classificaion in which the employee works, the contractor shall pay to approved plans, funds, or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract. See "FRINGE BENEFITS" below. FORM WH-38A (Rev 8/84) -1- FRINGE BENEFITS -- Contractors who pay all required fringe benefits: A contractor who pays ~r~nge benetlts to approveo p~ans, tunos, or programs in amounts not less than were determined in the applicable wage decision of the Co~issioner of the Bureau of Labor and Industries shall continue to show on the payroll the basic cash hourly rate and overtime rate paid to employees. Such a contractor shall check paragraph 4Ia) of the Certified Statement to indicate that he/she is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in Section 4lc). Contractors whopa~ no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition, the contractor shall check paragraph 4lb) of the Certified Statement to indicate that he/she is payin~ fringe benefits in cash directly to employees. Any exceptions shall be noted in Section 4(c~. Use of Section 4(c), Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination required is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4Ih), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that he/she is paying to each such employee for all hours {unless otherwise provided by applicable determination) worked on the project an amount not less than the predetermined rate plus cash in lieu of fringes as shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe benefits per hour should be entered in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of the employees' wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the project and then the gross amount earned on all projects, thus $63.00/120.00. Column 8 - Deductions: Four columns are provided for showing deductions made. If more than four deductions should be involved, use first 3 columns; show the balance of deductions under "Other" column; show actual total under "Total Deductions" column~ and in the attachment to the payroll describe the deductions contained in the "Other" column. All deductions must be in accordance with the provisions of ORS 652.610. If the employee worked on other jobs in addition to this project, show actual deductions from gross wage, but indicate that deductions are based on gross wages. Column 9 - Net WaQes Paid for Week: Self-explanatory. Certified Statement Required by ORS 279.354: While this form need not be notarized, the Certified Statement is subject to the penalties provided by ORS 279.990. Accordingly, the party signing this required statement should have knowledge of the facts represented as true. Space has been provided between items (1) and (2) of the Statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See paragraph entitled "FRINGE BENEFITS" above for instructions concerning filling out paragraph 4 of the Statement. FORM WH-38A (Rev 8/84) -2- PLANNED PUBLIC IMPROVEMENT SUMMARY PAGE OF FISCAL YEAR - (Name of State or Local Government Agency) Project Project Agency or Number Project Name Type Project Location Estimated Project Cost Contract Work ORS 279.023 generally states that not less than 30 days prior to adoption of its budget for the subsequent budget period, each public agency shall prepare ann fil~ith the Commissioner of the Bureau of Labor and Industries a li'st o~ every p~blic improvement known to that agency tt~-~-~he agency plans to fund in the budget period... If the agency dec~ es~~6~ equipment and personnel for constructing projects estimated to cost more' than $50,000, the agency shall show that the decision conforms to the policy of the State of Oregon that public agencies shall make every effort to construct public improvements at the least cost to the public agency, and the public agency shall cause to be kept and preserved a full, true and accurate account of the costs of performing the work including all engineering and administrative expenses and a reasonable estimate of the cost, including investment cost, of the equipment used. NOTE: This Improvement Summary together with the project estimate and least cost determination constitutes a public record available in the usual manner for public review or copying. FORM WH - 116 (10/82) Mail a copy of this public improvement summary to: Wage and Hour Division, 306 State Office Building; Portland, Oregon 97201 CAPITAL IMPROVEMENT PROJECT COST COMPARISON ESTIMATE (Name of State or Local Government Agency) DEPARTMENT: PROJECT NAME: FUND: PROPOSED YEAR: PROJECT NUMBER: PROJECT DESCRIPTION: '~ough Agency Fo'rce Es'timate Agency C~n'tract Estima Quantity Unit Total Unit Total Estimate Units Work Class DesCription Cost Cost Cost Cost Estimated Construction Period $ $ determines that (Agency Forces)(Contractor) can perform this work at the least cost~ (Name of Agency) (cross out one) FORI~ WH - 119 (10/82) (Agency Official) (For Use by Public Agency in Complying with ORS 279.363) 1. PRIME CONTRACTOR 3. CONTRACT I~IFORMATIOIJ Name A. Contract Name and Number: Address City, State, Zip B. Location of u~ork: Phone Ni4mber ( ) C. County: 2. CONTRACTING AGENCY D. Amount of tile Award: $ Name E. Source of Funds: (i.e. 100% Federal Funds; 50/50, Address Federal, State; 100% local) City, State, Zip Phone Number ( ) F. Date Contract Awarded: Submit this completed notice to: Wage and Itour Division, G. Date Contract Specifications Prevailing Wage Section, Advertised for Bid: 1400 S.W. 5th Avenue - Room 306 Portland, Oregon 97201 FORM WH-81 (Rev. 6/88) NOTICE OF AWARD OF PUBLIC WORKS CONTRACT (For Use by Public Agency in Complying with ORS 279.363) 1. PRIME CONTRACTOR ~ 3. CONTRACT INFORMATION Name ZAK CONSTRUCTION COMPANY A. Contract Name and Number: Address 1234 N.W. Camille Street Dam Repair IO0-H City, State, Zip Alexandra, OR 97201 B. Location of work: Becca, Oregon Phone Number ( 503 ) 12-4567 C. County: Malheur 2. CONTRACTING AGENCY D. Amount of tile Award: $ 25,000 Name LOPEZ IRRIGATION DISTI E. Source of Funds: {i.e. 100% Federa] ~unds; bO/50, Address 1234 N.W. Shannon Court Federal, State; 100% local) City, State, Zip Jamestown, OR 97201 100% State Phone Number ( 503 ) 987-6543 F. Date Contract Awarded: July 16, 1985 Submit this completed notice to: Wage and Hour Division, G. Date Contract Specifications Prevailing Wage Section, Advertised for Bid: 1400 S.W. 5th Avenue - Room 306 Portland, Oregon 97201 July 10, 1985 FORM WH-81 (Rev. 6/88) BULK RATE U.S. Postage BUREAU OF LABOR AND INDUSTRIES PAID Salem, Oregon Mary Roberts, Commissioner Pe,m. No. 0458 IMPORTANT NOTICE CONCERNING PREVAILING WAGE RATESI AN AMENDMENT TO THE JULY 1, 1988 PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS IN OREGON AUGUST 8, 1988 There have been changes in the Prevailing Wage Rates of 9 different trades since the most recent PWR Booklet appeared on July l, 1988. All changes are listed on the back of this sheet. Some of the changes are simple increases or decreases in basic hourly wage or fringe benefits. But there have been major chanties, in the methods for computing) rates for several 'trades To help you recognize the significance of the major changes, here is a brief explanation of each: · 1. Cement Masons now have only one hourly wage rate. There is no longer a "less than 100%" rate for Cement Masons. 2. Laborers a. Group 1 Laborers no longer have a special hourly rate for projects under $1 million, "not involved in the pouring of concrete." b. The Group 5 Laborer classification has been divided into two groups with different rates, Group 5 (Flagger) and Group 6 (Fence Builder and Landscaping or Planting Laborer). 3. Tenders to Masons and Tenders to Plasterers now have only one wage rate. They no longer have seperate rates for projects of less than $200,000 and more than $200,000. So all projects will have the same basic rate. When reviewing this amendment, you will see references to the July 1988 PWR Booklet. For the sake of brevity, we have not included all of the explanatory information that is found in the regular booklet. Be sure to read the relevant parts of the July 1988 Booklet to make sure you understand this amendment. If you have any questions, call 229-6655 in Portland. ALL RATES IN THE JULY 1988 BOOKLET WHICH ARE NOT AMENDED REMAIN IN FORCE: THE JULY ), 1988 PREVAILING WAGE RATE PUBLICATION Iii ARENDEO Aii FOLL(NdS, EFFECTIVE AUGUST 8. )988: BASIC BASIC HOURLY FRINGE HOURLY FRINGE TRADES RATE BENEFITS TRADES RATE BENEFITS POWER EOIJIPINENT OPERATORS (continued) CEHENT PASONS o Group 10 13.90 17.31 4.92 Zone 1 (Base Rate)2: o Group ll 13.9l 1?.33 4.92 o Cement Masons 16.69 4.?2 o Group 12 13.99 17.43 4.92 o Group 13 14.07 1?.53 4.92 o Composition Workers (includes installation o Group 14 14.27 17.77 4.92 of epoxy & other resinous toppings), and o Group 15 14.42 17.96 4.92 Power Mach. Oper. o Group 16 14.62 18.21 4.92 o Group 17 14.78 18.41 4.92 17.01 4.72 o Group 18 14.98 18.66 4.92 o Group 19 15.12 18.84 4.92 ELEVATOR CONSTRUCTORS ROOFERS Area 2 Area 1: o Mechanic 19.22 4.33 + a o Roofers 15.10 3.)0 o Helper 13.45 4.33 + a o Handling coal tar o Probationary Helper 9.61 - pitch 16.61 3.70 (al For definition, see July 1988 booklet. Area 2: o Roofers(a) 15.04 2.93 LABORERSl Area 4: LESS THAN o Roofers(a) 14.75 3.35 100% 100% Zone 1 (Base Rate)-2 Area 5: . o Roofers(a) 11.55 3.55 o Group 1 ll.17 13.34 4.65 o Group 2 11.45 13.69 4.65 (al See July 1988 booklet for bituminous rate. o Group 3 11.69 13.99 4.65 o Group 4 11.89 14.24 4.65 TENDERS TO I%RSON TRADES o Group 5* 9.00 10.00 4.65 o Group 6** 8.50 6.50 4.65 Tenders for Bricklayers, Tile Setters, I~arble Setters and Terrazzo Workers; * §roup 5 Flagger Topping for Cement Finishers and Iqorter ~ Hixers. **Group 6 Fence Builder and 14.71 3.65 Landscaping or Planting laborer TENOERS TO PLASTERERS 14.22 3.65 PAINTERS &ORYWRLL TAPERS TRUCK ORIVERS1 o Drywall Tapers 15.71 4.29 LESS THAN 100% 100% POWER EQUIPI~ENTOPERATORS1 Zone 1 (Base Rate):2 LESS THAN o Group 1 13.09 15.73 4.70 100% 100% o Group 2 13.13 15.78 4.70 Zone 1 (Base Rate):2 o Group 3 13.17 15.83 4.70 o Group 4 13.21 15.88 4.70 o Group 1 13.04 16.24 4.92 o Group 5 13.25 15.93 4.70 o Group 2 13.19 16.42 4.92 o Group 6 13.33 16.03 4.70 o Group 3 13.31 16.58 4.92 o Group 7 13.41 16.13 4.70 o Group 4 13.47 16.78 4.92 o Group 8 13.49 16.23 4.70 o Group 5 13.51 16.82 4.92 o Group 9 13.57 16.33 4.70 o Group 6 13.59 16.93 4.92 o Group l0 13.71 16.50 4.70 o Group 7 13.65 17.00 4.92 o Group !l 13.79 16.60 4.70 o Group 8 13.76 17.14 4.92 o Group 12 13.87 16.70 4.70 o Group g 13.83 17.23 4.92 o Group 13 13.95 16.80 4.70 o Group 14 14.04 16.90 4.70 1 For an explanation of "less than 100% rates", see the July )988 PWR Booklet. 2 For an explanation of zone rates, see the July 198B PWR Booklet. SANDY POLICE SANDY, OREGON City ~.[~n:a~er Ken Re ~nke I would like to submit Dean We~selink ns~me i'o~~ the buildin~ of !;he Library and Police buildZng, Dean has been on the city Cotu~cil ~or twelve years plus mayor. ~ second choice would be )~.. Duff He has served on the City Coun~'.il mauy years also. Gretchen Chilton ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 NE. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 January 27, 1989 Project: City of Sandy LXBI?J~.RY/POLICE RELOC/~TION Mr. Clay Moorhead City of Sandy P.O. Box ll6 Sandy, OR 97055 Dear Mr. Moorhead: The original project tracings have been revised to note the work that has been, or is to be, provided by others at the project site. Based upon the revised drawings, we have revised the prior December 13, 1988 Project Cost Estimate to reflect the new work to be provided by a General Contractor to complete the project. The prior material/ equipment modifications that were made for the prior Estimate of December 13, 1988 are retained in the new Estimate and as previously noted, not all of the modifications made are recommended for long-term life cycle Operation and Maintenance costs at the building. The previous Estimate Unit Costs are for material-in-place have been re-used and are Unit Costs as noted in the 1989 R. S. Means Estimating Book which are "average costs" for the Western Region of the country. Each specific locality, and each contractor who provides his Proposal of Cost, will use a slightly different basis of unit costs in preparing the Proposal so it is possible that individual costs per line item will vary, but should balance out to the Total Project Cost. With a considerable portion of the on-site work having been provided by others, we would anticipate that General Contractors will have similar difficulty in preparing costs as we have had in preparing our office Estimate of Probable Cost. Therefore, we would anticipate that when the new Proposals are received, there will be at least as much disparity/difference in the Proposals as there was in the prior Proposals submitted. As there had been discussion of the possibility of "others" providing the Gypsum Wallboard work, we have noted this cost in our Estimate of Cost, but also listed an estimated DEDUCTION to the Project Cost of $20,000.00 if this work is deleted. As there would be MATERIAL COSTS if this work is provided by others, and since the material costs for this work are about 40% of the total cost, the actual cost savings/ reduction to the City would be about $12,120.00 instead of the $20,000.00 noted as a DEDUCTION in the Contractor's cost. Page 2 As we feel that the General Contractor should have a "representative" at the project site at all times when subcontractors are working to provide coordination and expedite completion, we have also included an estimated cost of $10,000.00 in our Estimate for this supervision work. If supervision by the General Contractor is not to be a requirement of the Specifications, we would recon~nend that the City engage the services of a qualified Superintendant to oversee the project from start to finish. As there have been Material Costs incurred for the work that 'has been, or is to be, provided at the site, those costs should be added to our Project Cost Estimate. Please review the enclosed new Construction Cost Estimate and two (2) sets of Drawing Checkprints with all interested parties and let our office know if there are to be other changes to be included prior to printing the new Contract Documents for the Re- bidding. Sincerely, Bruce A. Samuelson, A.I.A. BAS:tb ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 NE. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 REVISED CONSTRUCTION ESTII~ATE January 27, 1989 City of Sandy Library/Police Relocation LIBRARY: *Wallboard @ new walls $ 4,800.00 *Wallboard @ exist'g, walls 3,865.00 Wall Construction By Others Furring @ exterior walls By Others Re-install wall sections 840.00 Remove carpet 430.00 Remove entry doors 280.00 Re-install (1) exist'g, entry door 610.00 Platform & stair @ delivery 250.00 Re-lay carpet 340.00 Bookdrop (L&M) 525.00 Re-install exist'g, ceiling tile in grid 1,675.00 Wrap col's, w/ gyp. bd. 250.00 Toilet stalls (3) 975.00 Toilet screen (1) 135.00 Vinyl flooring & base 1,075.00 Lavatory counters (2) 650.00 Work Room counter (1) 675.00 Lavatory wainscot 470.00 Circulation counter By Others Window cutouts (2) 425.00 Miscellaneous steel 215.00 Windows (2) 620.00 Window trim @ exterior 425.00-~ Frame skylight well 350.00-' ~ Doors, frames & hardware 3,300.00 Framing @ ceilings By Others *Gypsum board ceilings 830.00 Bookdrop cabinet 450.00 Display case 375.00 Ramp framing By Others Wood handrails 460.00 New stair 350.00 Roof curb & patch 275.00 Re-seal skylight glass & frame 360.00 Toilet accessories 1,335.00 Sawcut floor slab 910.00 Remove concrete 705.00 Excavate 1,320.00 Backfill trenches 1,115.00 Patch floor slab 835.00 Relight @ Work Room 650.00 Drop Box & Disposal 350,00 Construction Cost Estimate: $ 33,500.00 Page 2 POLICE: *Wallboard @ new walls $ 6,850.00 *Wallboard @ exist'g, walls 415.00 Wall construction By Others Furring exterior walls By Others Reinstall wall sections 840.00 Remove carpet 200.00 Re-lay carpet 250.00 Vinyl flooring & base 1,100.O0 Re-install exist'g, ceiling tile in grid 990.00 *Gypsum board ceilings 615.00 Doors, frames & hardware 7,600.00 Control desk By Others Sink cabinet & cupboard 825.00 Squad room desk 400.00 Property room lockers 5,000.00 Reception counters 750.00 Plywood sheathing By Others Sawcut floor slab 1,170.O0 Remove concrete 1,170.O0 Excavate 1,600.00 Backfill trench 1,120.O0 Patch floor slab 1,400.00 Toilet accessories 810.00 Wainscot @ Lavatories 235.00 Roof curb & patch 275.00 Relights @ entry 945.00 Install passthrough 105.00 Insulation By Others Hang cupboards 245.00 Drop Box & Disposal ..... 350,00 Construction Cost Estimate: $ 35,260.00 Library Construction Estimate: $ 33,500.00 Police Construction Estimate: 35,260.00 Plumbing Estimate: 15,975.00 HVAC Estimate: 16,500.00 Electrical Estimate: t9,800~00~' Subtotal Project Cost Estimate: $121,035.00 General Conditions $ 6,050.00 Supervision (2-1/2 months) lO,O00.O0 Overhead & Profit 13,700.00 Bonds 2,260.00 Estimated Probable Construction Cost: $153,045.00 Contingency Sum: 15,300.00 PROJECT BUDGET E~INATE: $160,345.00 Deduction for wallboard work by others [ $ 20,200,00 Deduction to delete supervision [ $ lO,O00.O0 ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 December 13, 1988 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Ken Reinke ~[C ld 15C~ City of Sandy P.O. Box 116 Sandy, OR 97055 ~[ CJ'J~', OESA~9~ Dear Mr. Reinke: Per the City Council's request we have undertaken our office's Construction Cost Estimate of PROBABLE PROJECT COST for the revised project scope as previously discussed for items to be changed and/or deleted from the original Contract Documents. As we understand there has been some demolition and framing/finish work provided at the Police Department space over the last weekend but that work has not been removed from our present Estimate for the work and at this time we would prefer not to continuously adjust project cost every time a change is made as each contractor may well view cost deductions for present work in place differently. In addition, subsequent cost modifications can well provide the same problem as was manifest about the ORIGIILRL BUD4~ET ESTII~RTE that was provided on January 18, 1988. After the initial Preliminary Budget Estimate was provided there were a number of subsequent meetings held pertaining to project costs and while the initial ESTIMATE was not changed there were other cost Budgets made which increased the PROJECT COST to a sum not too far from the Low Bid that was received from the original Bidding on the initial Contract Documents. Ten (10) sets of the original PRELIMINARY DRAWINGS were provided to the City with the original Preliminary Estimate; the extent of distribution of the provided sets is unknown and it was intended with that number of sets that "All Interested Parties" would have an opportunity to review the information together. We had noted in the project cost meetings we participated in that the multitude of changes to cost were made by others and if those changes were to be made by others they could do so on their own. As noted in our January 18, 1988 letter "Substantial modifications to the Preliminary Plan would affect the cost estimate." There were substantial modifications that were made as the Final Plan was developed and details undertaken and there were changes required after subsequent investigations were made as to the present building condition and the proposed new development. Page 2 The enclosed CONSTI~UCTION ESTIIqATE dated December 13, 1988, is based upon the Revised Drawings, of which twelve (12) sets have been forwarded with comments as to the requested changes, and any subsequent changes WILL affect the total cost. The new Estimate notes our office's Estimate of Probable Construction Cost at a sum of $166,510.00 with a recommended minimum Contingency Sum of $16,650.00 for a total Anticipated Project Cost of $183,160.00. +his information is being provided to you prior to the scheduled City Council meeting at 7:30 p.m. on December 19, 1988 for distribution to all interested parties for review prior to the meeting. The breakdown of anticipated costs is based upon costs recommended in the 1989 R.S. Means Building Construction Cost Data publication with adjustments for this specific project circumstances, size and requirements. We have no control over project costs and the final project cost for the revised Contract Documents will not be known until the new Bids are received. For comparison of some significant changes in project cost from the Preliminary Budget Estimate to the costs in the prior (original) Documents, we note the following cost increases: Original Casework estimate $ 4,255.00 Bid Drawing costs 16,000,00 Difference: $11,775.00 Original HVAC estimate $10,950.00 Bid Drawing costs 19,000~00 Difference: $ 8,050.00 Original Electrical estimate $ 6,4g0.00 Bid Drawing costs 25,300~00 Difference: $18,810.00 Original Plumbing estimate $ 9,350.00 Bid Drawing costs t5,250~00 Difference: $ 5,900.00 New Water Service: $ 1,300~00 Total Project Cost increases for these items: $45,835.00 Sincerely, Bruce A. Samuelson, A.I.A. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 CONSTRUCTION ESTIHAT£: December 13, 1988 City of Sandy Library/Police Relocation LIBRARY: Wallboard @ new walls Wallboard @ Ex. walls 3,865.00 Walls to 8' 975.00 Walls to 12' 1,125.00~ Cutouts & shelf blocking 1,12~.00v Remove carpet -~3-0.00~ Remove Entry doors 280.00 Reinstall (1) Ex. door 610.00 Platform & stair @ Delivery 250.00 Re-lay carpet 340.00~ Bookdrop L&M 525.00 ~reinstall ex. ceiling tiles 5,210.00 Wrap @ 5 columns 250.00/ Toilet stalls (3) 975.00 Toilet screen (1) 135.00 Vinyl flooring & base 1,075.00 Lavatory counters 650.00 Wainscot 470.00 New counter & re-laminate top @ Ex. 875.00~ Doors, frames & hardware 3,300.00 ~,~ Frame lavatory ceilings --~-1,035.00 Gyp. bd. @Lav. ceilings 830.00~ Book drop cabinet 450.00 Display case 375.00 H.C. ramp framing ---470.00:i?~ Metal railings 1,775.00 New stair 350.00 Roof curb & patch 275.00 Toilet accessories 1,335.00 Sawcut floor slab 585.00 Remove concrete 550.00 Excavate 800.00 Patch floor 650.00 Relight @ workroom 650.00 Backfill trench 750.00 560.00 Construction Cost Estimate: $ POLICE: Wallboard @ new walls $ 7,775.0)0-~~-~ Wallboard overlay @ Ex. walls 415. Walls to 8' 1,680.00~,~ Walls to 12' 1,725.00~" Remove ex. carpet 415.00~,C Re-lay ex. carpet 260.00~ Sheet vinyl flooring 2,120.00 ~reinstall ceiling 3,280.0~-~ Frame Gyp. bd. ceilings 765.0~/ Gyp. bd. @ ceilings 615.00- Doors, frames & hardware 8,075.00 Control Desk 4,500.00~ Sink cabinet & cupboard 825.00 Squad Room desk 400.00 Prop. Rm. lockers 5,000.00 Reception counters 750.00/-~ Plywood sheathing 1,280.0~ Sawcut floor slab 1,170.00 Remove concrete 1,170.00 Excavate 1,600.00 Backfill 1,120.O0 Patch floor slab 1,400.00 Toilet Accessories 810.00 Wainscot 235.00V~'' Roof curb & patch 275.00 Carpet tile @ entry 1,085.00~ Relights @ Entry 945.00 Install passthrough 105.00 Insulation (6#) 195.00V Hang cupboards 245.00 Dropbox & disposal .. 750.00~ Construction Cost Estimate: Library Construction Police Construction Plumbing 15,000.00 HVAC 16,500.00 Electrical 19,800.00 Subtotal Project Cost General Conditions Overhead & Profit Estimate of Probable Construction Cost ~ ~_..-~-~ '.~:! .~ ~ 4,450.00 'i:~":', ~,.~ ~i~ $ 166'510'00~; Contingency Sum Estimate for Project ~..,~ $ 183,160.00 ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 November 21, 1988 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Ken Reinke City of Sandy P.O. Box 116 Sandy, OR 97055 Dear Mr. Reinke: As reported in our telephone conversation this date, we met with Pacific Crest Construction at 3:00 p.m. on November 18, 1988 to review possible project costs revisions to lower the project cost. The following possible cost reductions are rough estimates only and it would be necessary to obtain final cost reductions after consultation with the various subcontractors involved. For thoughts as to what items could be deleted or changed please review these possible cost reductions. 1. Delete Penalty Clause $ 4,500.00 2. Waive Building Permit Fee 800.00 3. Delete Builder's Risk Insurance 500.00 4. Change casework to overlay doors 750.00 4-A Delete all casework [$18,000.00] 5. Delete 4 Windows 2,500.00 6. Set-on base vs. coved flooring @Lavs. 750.00 7. Delete exterior painting 3,000.00 7-A Delete all exterior and interior painting [$8,350.00] 8. Delete plywood backing at walls 750.00 9. Delete sound attenuation at walls 1,500.00 10. Change wall covering to painted walls 1,170.00 ll. Retain present doors at Children/Juvenile 2,000.00 12. Delete Roll-up Grille 1,750.00 13. Delete grout at door frames 1,000.00 14. Change Toilet Accessories 1,O00.O0 15. Delete Display Case 350.00 16. Delete set-on base @ all walls 1,O00.O0 Page 2 17. Change light & device grades 2,000.00 18. Delete demolition [$3,000.00] 19. Change H.V.A.C. ductwork 1,750.00 20. Delete new 1-1/2" water line service 1,000.00 Total for above optional changes: $28,070.00 If the City Council will provide some thoughts on what areas they would prefer reductions to be made, we can have the contractor review costs and ascertain whether there would be other changes that could be made to reduce the costs further. Sincerely, Bruce A. Samuelson, A.I.A. MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: KEN REINKE, INTERIM CITY MANAGEB DATE: JANUARY 17, 1989 RE: PLAN FOR COMPLETION OF THE LIBRARY/POLICE BUILDING Discussions among and between Councilor Harrison, Fred Punzel, Sue Newlands, Bruce Samuelson and myself have resulted in the following plan: 1. Volunteer work that can be done prior to bidding with the exception of furring out the outside walls of the library to prepare for wallboard has been completed. (You will view that as part of the meeting Tuesday night.) 2. Council direct the architect to prepare plans and specifications based on work remaining to be done as of 1/17/89 with the exception of furring noted above. 3. The architect to include as alternates in his plans and specifications the following: a. Delete dry wall installation and finishing in police department portion. b. Delete dry wall installation and finishing in library portion. c. Install one window in library office and one window in library workroom (utilize openings in concrete block area). d. Frame out area in ceiling to utilize existing skylights in library area. 4. Volunteer labor to be utilized in pain[ing interior and exterior of building and other miscellaneous finishing work. 5. Bid the project out as soon as possible under the following schedule: January 17 - Give direction to the architect based on plan. February 6 - Council approve architects pla~s and specifications. February l0 - Plans and specifications out for bid. February 17 - Pre-bid conference and tour of site. March 3 - Bid opening March 6 - Council award bids. 6. If the bids are not within acceptable range the City could reject all bids and proceed with the alternative of acting as their own contractor, hire a contract supervisor and proceed as the budget allows. KR:mp l? ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue ~, Portland, Oregon 97232 · (503) 239-7526 January 24, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATION Ms. Sue Newland City of Sandy P.O. Box ll6 Sandy, OR 97055 Dear Ms. Newland: Thank you for letting us into the space last Saturday to review the present status of the project--and freezing yourself in the process. Enclosed are' three (3) each office Checkprints of Drawings No. 2 & 4 which have some revisions noted; other "note" revisions are yet to bemade to the tracings, but we are forwarding these for review while the other revisions are being made. DRAWING No. 2 FLOOR PLAN-LIBRARY A 4' window is noted at OFFICE (5) and a 3' window is noted at WORK ROOM (4). Each of these windows is located in the present Conc. Block in-fill at a prior wall opening. A 5' counter with sink is added at the WORK ROOM for cleaning books. The uncovering of the present plumbing waste line and vent at the existing wall allows the sink now with about 26' of floor slab removal and replacement. We have asked Mr. Bob Rohde (Mechanical Engineer) to review the newly uncovered 20 gal. water heater above the existing Lavatory to see if it could be used instead of adding a new one and to review the uncovered present ductwork to see if more of it could be retained now that the ceiling tiles have been removed and more is visible. The location of the Skylight is noted also. DRAWING No. 4 REFLECTED CEILING PLAN The Skylight has been added and new DETAILS D/4 & E/4 show an extension of the sidewalls to 2" below the present ceiling T-grid. Please let us know if this "well" framing will be provided by the volunteers or the High School--if so, enclosed are three (3) each copies of the TIE STRAPS and A34clips that should be included to keep the new framing in place and anchor it to the roof framing. As the present openings between the Stack Space and the Children's Section are to be framed in and covered with Gypsui~ Board, would there be an advantage to providing "built-in" book shelves at the openings on the Stack Space side? This would be an extra cost, but would provide shelves about 7" deep and about 3' high. Please also let us know if, when the High School builds the ramp, they will build a "frame" wall at the Children's side or if the metal pipe rail will still be part of the construction work. Page An issue that needs to be resolved is what to do with the present wiring that had been installed by others. The present installation needs a lot of work to conform to CODE. Usually, type NM wire is allowed, but Code requires it to be anchored (attached) at not over 4-l/2" intervals and within 12" of each outlet box. There are some runs of 30 to 40 feet without attachment. SpecificationSection 16A-9 allows NM cable (if approved); Section 16A-13 needs to be expanded to note that present NM cable, if re- used, needs to be properly anchored in place--or replaced. Section 16Ar20 needs additional notation that if "in-place" wire is used, it is to be brought into conformance with Code. In addition, the Plumbing Specifications need to be changed to note that the present PVC Roof Drain line needs to be "properly supported" from the structure. Please provide Mr. Reinke and Mr. Punzel with one (1) each of these prints for.their information. Please let us know if the High School wants to take on the repairs to the Skylight to try to keep it from leaking--please note as a rule of thumb 'ALL SKYLIGHTS WILL LEAK". Sincerely, Bruce A. Samuelson, A.I.A. BAS: tb encl. MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: KEN REINKE, INTERIM CITY MANAGER DATE: JANUARY 17, 1989 RE: PLAN FOR COMPLETION OF THE LIBRARY/POLICE BUILDING Discussions among and between Councilor Harrison, Fred Punzel, Sue Newlands, Bruce Samuelson and myself have resulted in the following plan: 1. Volunteer work that can be done prior to bidding with the exception of furring out the outside walls of the library to prepare for wallboard has been completed. (You will view that as part of the meeting Tuesday night.) 2. Council direct the architect to prepare plans and specifications based on work remaining to be done as of 1/17/89 with the exception of furring noted above. 3. The architect to include as alternates in his plans and specifications the following: a. Delete dry wall installation and finishing in police department portion. b. Delete dry wall installation and finishing in library portion. c. Install one window in library office and one window in library workroom (utilize openings in concrete block area). d. Frame out area i__qn ceiling to utilize existing skylights in library area. 4. Volunteer labor to be utilized in painting interior and exterior of building and other miscellaneous finishing work. 5. Bid the project out as soon as possible under the following schedule: January 17 - Give direction to the architect based on plan. February 6 - Council approve architects pla~s and specifications. February ]0 - Plans and specifications out for bid. February 17 - Pre-bid conference and tour of site. March 3 - Bid opening March 6 - Council award bids. 6. If the bids are not within acceptable range the City could reject all bids and proceed with the alternative of acting as their own contractor, hire a contract supervisor and proceed as the budget allows. KR:mp ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 December 6, 1988 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Ken Reinke City of Sandy P.O. Box 116 Sandy, OR 97055 Dear Mr. Reinke: The Electrical revision prints have now been received and to complete the submission of the revised drawings to cut project costs, enclosed are twelve (12) sets of Drawings E-l, E-2, and E-3 for review by all interested parties involved. Also enclosed is one (1) copy of a letter dated December 6, 1988 from Mr. Harold McNees of Baisley-McNees & Assoc. which notes the changes made, estimated project cost reduction by the changes and what effect these changes have upon the long term costs. As with the prior submissions, please return one (1) set with a mark-up of any and all consensus opinion changes to be made and return it to our office. Please note also: these revisions reflect the changes that were discussed and optioned to be taken and there are costs incurred by our office and the engineers to make these revisions; if there are now further revisions necessary the costs will be higher. The printing to date to have everyone review the project revisions has cost the City in the neighborhood of $150.00; an actual tabulation will be made when all reprinting is completed and man hours tabulated to make the revisions. Sincerely, Bruce A. Samuelson, A.I.A. BAISLEY-MCNEES & ASSOCIATES, INC. Electrical Consulting & Engineering 1923 S.E. Stark Street Portland. OR 97214 Telephone: (503) 231-7825 December 6, 3.988 BAS Architecture 35 NE 17th Avenue [~ 6 1,988 Portland, Oregon 97232 ~CE ~. SAMU~[$ON A~t0~. ,%F~3HITECT Re: Sandy Library/Police Relocation Attn: Bruce A. Samuelson Per the Owner's direction, received thru you, we have made changes to the electrical drawings in an attempt to reduce the initial cost of this project to an acceptable level. The following is a summary of the changes made with estimated initial cost savings and long term effects. DRAWING E1 1. Riser Diagram Notes - changes engraved nameplates to "DYMO" type stick on labels. Estimated savings: $100. Effect: less durability than engraved nameplates. 2. Lighting Fixtures - reuse existing lamps in existing fixtures, do not clean fixtures, do not replace lens on type B. Estimated savings: $2800. Effect: lower light output & fixture efficiency, Owner assumes responsibility for lamp replacement (in near future) and defective ballast replacement and broken lens replacement. 3. Light Fixtures - types C & D changes to lower quality fixture, 4 type C fixtures deleted. Estimated savings: $500. Effect: less effective light distribution, higher energy use, lower fixture durability. 4. Light Fixtures - exterior light types K, M, & N deleted. Estimated savings: $1500. Effect: less perimeter light, lower security, higher energy use, higher cost if fixtures added later. 5. Devices (switches & receptacles) - changed to lower quality device. Estimated savings: $500. Effect: lower long term durability. BAS Architecture Page 2 December 6, 1988 DRAWING E2 6. Misc. fixture deletions covered above. 7. Delete water cooler receptacle & 2 safety receptacles. Estimated savings: $200. Effect: less coDvenience and higher cost if added later. DRAWING E3 8. Misc. fixture deletions covered above. 9. Delete communications conduit running from telephone board. to police area. Estimated savings: $200. Effect: less convenience and perhaps higher cost for installing communication cables, lower security. These changes have been made, but be advised that amounts saved now will be spent later in terms of higher operating costs and remedial maintenance. Sincerely, Harold E. McNees, E.E. HEM: pc ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 December 5, 1988 Project: City of Sandy POLICE/LIBP. ARY RELOCATION Mr. Ken Reinke City of Sandy P.O. Box 116 Sandy, OR 97055 Dear Mr. Reinke: Enclosed are twelve (12) sets of the revised MECHANICAL drawings No. M-l, M-2, and M-3 for the subject project for review by ALL CONCERNED individuals. Again, as with the Architectural Prints, the date of the revisions is not yet shown pending any changes/additions/deletions others may wish made prior to re-bidding. A synopsis of the changes made on these prints is: Drawing M-l: Vestibule enclosure @ Juvenile/Children deleted. Windows deleted @ Work Room & Office. Drawing Certain ducts to new diffusers have been changed to "Flex" for the last 6 feet of length and as noted on detail 4/M-3, the "Flex" is connected directly to the diffuser--this is NOT a recommended installation for maximum efficiency but is provided as a cost reduction; please do not come back to us if the system does not operate as "hoped for". As someone will be in & out of the Police Dept. on a 24 hour basis, the "programmable thermostat" {for setback) has been deleted and the present thermostat retained. The "supply duct" to the Weapons Storage Room is deleted. Drawing M-3: Detail 4/M-3 changed to note "Flex Duct". The "Electric Water Cooler" has been changed to a "Drinking Fountain" which will dispense "tap temperature water" not "chilled water" The present Library Employee Lavatory has been retained as it exists and therefore without plumbing revisions in that space. The sink {and counter) at the Meeting Room is deleted. Page 2 The Mechanical Engineer has estimated that the noted changes would decrease the Mechanical Subcontract Cost by about $3,000.00. As with the Architectural prints sent last week, please see that all individuals interested in this project have an opportunity to review and comment; when all/any changes are known, mark up one set of these prints with the changes/comments or (?) and return the set to our office for a record of what is desired for the Re-bidding of the project. Sincerely, Bruce A. Samuelson, A.I.A. ARCHITECTURE · BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue * Portland, Oregon 97232 December 8, 1988 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Ken Reinke City of Sandy P.O. Box 116 Sandy, OR 97055 Dear Mr. Reinke: Enclosed is one (1) copy of a December 6, 1988 letter from Mr.Bob Rohde of Building Systems Consultants, the Mechanical Engineers on the subject project. The enclosed letter pertains to possible consequences that may result from the requested deletions from or changes to the project tracings per your indications of items to be changed/deleted/modified in the meeting after the Bid Opening to discuss the possible cost reductions that were offered by the apparent low bidder after the Bid Opening. As noted at that meeting the list included a number of possible deletions or changes but not all possible changes were recommended as they would affect the project throughout the life of the facility. It is our understanding that there is to be another Council meeting at 7:30 p.m. on December 9, 1988 and we will be present to answer questions from the Council members. Sincerely, Bruce A. Samuelson, A.I.A. BSC, Inc. ~V~rO~N~ SYSTEMS CONSULT~.~rrs Mechanical Engineers 534 S.W. 3RD AVENUE SUITE 808 PORTLAND, OREGON 97204 PH 226-3386 Decemioer 6,, !98~, 1988 Bruce Samue 1 son I~OOE ~, oAM~LSON ~,I.A, BAS Arot3~ %er%ute ARCHITECT 3¢~, NE I 7~h Por%-I and, Or 97232 SuO3ec%' Sar. gy L~Drary / Police Relocation Dear Bruce, We nave revised our mechanical plans and specifications Lo cut as much cos% trom %ne pro3ec% as possible. 7here wi'l't be some und~s]reab]e ramifications from these revisions. i. Change e'lectr~c water coo'ler Lo dr-~nk]n9 fountain' The drinking water won'L be as palatable. 2. Om1% boot over ce]'l~n9 diffusers' There may be drafty areas. S. Instal3 fle~]Die ducts at the diffusers' Reduced air $ low and reQuced a~r condition]n9 caQac-~Ly. 4. Omi% programab]e thermos%a% and reuse exisL]ng thermostat ~n Pcl3ce: The temperatures carrot be set back ddr~n9 n]ghLs and weekends when there are few c.:c~par-~t,s, Trois f]egates energy sav~ngs and ~ncreased equ]pment longevity. S1 r~cepe] y Yours, Robert H. Rohde BSC, inc. , Mechanical Engineers RNR/cF% ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 December 13, 1988 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Ken Reinke City of Sandy P.O. Box 116 Sandy, OR 97055 THE CJTY O~.SA~'~ Dear Mr. Reinke: Per the City Council's request we have undertaken our office's Construction Cost Estimate of PROBABLE PROJECT COST for the revised project scope as previously discussed for items to be changed and/or deleted from the original Contract Documents. As we understand there has been some demolition and framing/finish work provided at the Police Department space over the last weekend but that work has not been removed from our present Estimate for the work and at this time we would prefer not to continuously adjust project cost every time a change is made as each contractor may well view cost deductions for present work in place differently. In addition, subsequent cost modifications can well provide the same problem as was manifest about the ORIGINAL BUDGET ESTIFIATE that was provided on January 18, 1988. After the initial Preliminary Budget Estimate was provided there were a number of subsequent meetings held pertaining to project costs and while the initial ESTIFIATE was not changed there were other cost Budgets made which increased the PROJECT COST to a sum not too far from the Low Bid that was received from the original Bidding on the initial Contract Documents. Ten (lO) sets of the original PRELIHINARY DRAI~INGS were provided to the City with the original Preliminary Estimate; the extent of distribution of the provided sets is unknown and it was intended with that number of sets that "All Interested Parties" would have an opportunity to review the information together. We had noted in the project cost meetings we participated in that the multitude of changes to cost were made by others and if those changes were to be made by others they could do so on their own. As noted in our January 18, 1988 letter "Substantial modifications to the Preliminary Plan would affect the cost estimate." There were substantial modifications that were made as the Final Plan was developed and details undertaken and there were changes required after subsequent investigations were made as to the present building condition and the proposed new development. Page 2 The enclosed CONSTI~UCTION ESTII~,~TE dated December 13, 1988, is based upon the Revised Drawings, of which twelve {12) sets have been forwarded with comments as to the requested changes, and any subsequent changes WILL affect the total cost. The new Estimate notes our office's Estimate of Probable Construction Cost at a sum of $166,510.00 with a recommended minimum Contingency Sum of $16,650.00 for a total Anticipated Project Cost of $183,160.00. ~his information is being provided to you prior to the scheduled City Council meeting at 7:30 p.m. on December 19, 1988 for distribution to all interested parties for review prior to the meeting. The breakdown of anticipated costs is based upon costs recommended in the 1989 R.S. Means Building Construction Cost Data publication with adjustments for this specific project circumstances, size and requirements. We have no control over project costs and the final project cost for the revised Contract Documents will not be known until the new Bids are received. For comparison of some significant changes in project cost from the Preliminary Budget Estimate to the costs in the prior {original) Documents, we note the following cost increases: Original Casework estimate $ 4,255.00 Bid Drawing costs 16~000.00 Difference: $11,775.00 Original HVAC estimate $10,950.00 Bid Drawing costs 19,000.00 Difference: $ 8,050.00 Original Electrical estimate $ 6,490.00 Bid Drawing costs 25,300.00 Difference: $18,810.00 Original Plumbing estimate $ 9,350.00 Bid Drawing costs t5,250.00 Difference: $ 5,900.00 New Water Service: $ 1,300.00 Total Project Cost increases for these items: $45,835.00 Sincerely, Bruce A. Samuelson, A.I.A. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 CONSTRUCTION ESTIHAT£: December 13, 1988 City of Sandy Library/Police Relocation LIBRARY: Wallboard @ new walls $ 4,800.00 Wallboard @ Ex. walls 3,865.00 Walls to 8' 975.00 Walls to 12' 1,125.00 Cutouts & shelf blocking 1,125.00 Remove carpet 430.00 Remove Entry doors 280.00 Reinstall {1) Ex. door 610.00 Platform & stair @ Delivery 250.00 Re-lay carpet 340.00 Bookdrop L&M 525.00 Remove & reinstall ex. ceiling tiles 5,210.00 Wrap @ 5 columns 250.00 Toilet stalls (3) 975.00 Toilet screen (1) 135.00 Vinyl flooring & base 1,075.00 Lavatory counters 650.00 Wainscot 470.00 New counter & re-laminate top @ Ex. 875.00 Doors, frames & hardware 3,300.00 Frame lavatory ceilings 1,035.00 Gyp. bd. @Lav. ceilings 830.00 Book drop cabinet 450.00 Display case 375.00 H.C. ramp framing 470.00 Metal railings 1,775.00 New stair 350.00~ Roof curb & patch 275.00 Toilet accessories 1,335.00 Sawcut floor slab 585.00 Remove concrete 550.00 Excavate 800.00 Patch floor 650.00 Relight @ workroom 650.00 Backfill trench 750.00 560.00 Construction Cost Estimate: $ ~ POLICE: Wallboard @ new walls $ 7,775.00 Wallboard overlay @ Ex. walls 415.00 Walls to 8' 1,680.00 Walls to 12' 1,725.00 Remove ex. carpet 415.00 Re-lay ex. carpet 260.00 Sheet vinyl flooring 2,120.00 Remove & reinstall ceiling 3,280.00 Frame Gyp. bd. ceilings 765.00 Gyp. bd. @ ceilings 615.00 Doors, frames & hardware 8,075.00 Control Desk 4,500.00 Sink cabinet & cupboard 825.00 Squad Room desk 400.00 Prop. Rm. lockers 5,000.00 Reception counters 750.00 Plywood sheathing 1,280.00 Sawcut floor slab 1,170.00 Remove concrete 1,170.O0 Excavate 1,600.00 Backfill 1,120.00 Patch floor slab 1,400.00 Toilet Accessories 810.00 Wainscot 235.00 Roof curb & patch 275.00 Carpet tile @ entry 1,085.00 Relights @ Entry 945.00 Install passthrough 105.00 Insulation (6#) 195.00 Hang cupboards 245.00 Dropbox & disposal 750~00 Construction Cost Estimate: $ 50,975.00 Library Construction $ 38,705.00 Police Construction 50,97S.00 Plumbing 15,000.00 HVAC 16,500.00 Electrical 19,800.00 Subtotal Project Cost $ 140,980.00 General Conditions 6,350.00 Overhead & Profit 14,730.00 Bonds 4,450.00 Estimate of Probable Construction Cost $ 166,510.00 Contingency Sum 16,650.00 Estimate for Project $ 183,160.00 DIO 4M-ME THE OREGONIAN, WEDNESDAY, DECEMBER 7, 1988 Volunteers to help remod_ el old store into Sandy police buildin By MALCOLM BOYD specifications for the remodeling city could do to cut costs and find $90,000 we could remodel this facili- Correspondent, The Oregonian had been revised without their extra money for the remodeling, ty,'and we sold that as a bargain knowledge, boosting the cost of the At this meeting, Reinke said the which it would have been," Council SANDY -- A crew of police proposed project, city may be able to afford the addi- man Morton Spence said. department volunteers led by Police Voters approved a ~,000 bond tional cost by transferring eonti- Councilman Larry Buck said Chief Fred Punzel plan to begin pre- measure in June to buy the old gency funds and through savings in don't mean any personal offense, but liminary work Saturday remodeling building and remodel it to house interest paid on the bonds issued I have to say that I do not trust th~ an old store into a police he.adquar- police headquarters and the city early this fall. architect and I don't trust the city ters. library. He said about $166,000 would staff." City employees are donating the The remodeling project was origi- actually be available for the work. The council, however, did clear work to help the'city hold down the nally estimated to cost $96,600-- but Reinke also said that the city staff, the way to allow city employees to price on a remodeling project that the lowest bid received was $188,800. working with Samuelson, had, volunteer time and labor on the may turn out to cost twice what the Acting City Manager Ken Reinke agreed on some alterations to the project. City Council expected to pay. told the council on Nov. 21 that Port- revised plan that would save an Punzel and his volunteers, most The council has set a 7:30 p.m. land architect Bruce A. Samuelson additional $23,000. of them members of Sandy's police Dec. 19 meeting to review revised had revised the specifications for the Council members, however, were reserve, will be removing wall board plans and cost estimates for the remodeling project upon suggestions not mollified by Reinke's assurances and some old carpeting and install- · remodeling of an old store at 38998 from Punzel and City Librarian Sue that there would be enough money ing siding on the south and west , Proctor Boulevard. Newlands. to do thejob, walls of the building. They also plan The council members were sur- As a result, the council met in "The real point is that we went to to replace substandard electrical ' prised and angered to learn that the special session to decid~ what the the people and told then~ that for boxes. SEf4?AL LEDGEP ~E~,ENU~ ANAl Y.':IS . !¢2! ;88 ~UNDu=,~u'?, ~,~,~,_,,_,,,,,~r~,,~,~ DESCF?T!ON BUDGETED CURR HO. YTD "~'~u,~,~OLL,',~T~L}~ ~* .... '~ REVENUE REVENUE xEVc,~,_,E BALANCE RECE!VED CAPITAL .............. i . .,. ,.,v, -.,., .......... ~ / 8Z,~Jt, ..... D ~ -- '~ .. 0.00 ' 000.00 0. 000 000 426,000 C..,.=.,G. - Corn, Cfr, 150, 00(',, '.'~c~ 0.00 150, ~'~]~'~ ~,:,.,", m':o ........ ~-~,,, ¢,---~, - Library, ?olice' (~.oo ...... fhoo 289,75 -289.,.:~' Lx?.= ,.,,.,,.,, Raising - Library _,¢~.,..,, ........... i '" ~ ........ ?8,550 ~,~O T~qT~ ' . ....... ~,~,....,40 t ..,,062,60 * 66,130 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: TOM REBER, CITY MANAGER'/~-~ DATE: MAY 2, 1988 RE: REVISED ESTIMATE OF COSTS FOR STONE BUILDING, LIBRARY, POLICE AND CITY HALL MAINTENANCE PROJECT At your April 4, 1988 Council meeting, you asked me to reevaluate the total cost of this project by eliminating the "administrative offices". I asked Bruce Samuelson, Architect, to provide a cost estimate with the above changes. The result is that most of the cost associated with the "remodeling" of the City Hall Building are associated with heating, ventilating, air conditioning (HVAC), reroofing and remodeling of restrooms to provide handicap access. The original estimates for remodeling of this building was $83,060.00. Eliminating the interior walls on the upper floor results in total remodeling costs of $76,047.00. For a net reductions of $7,013.00. This is not comparing apples to apples because Bruce indicated that he had increased costs by 5% (on the new estimate) because of the likelihood of the work not being done until late 1988 and based on recent bid openings. By increasing the January estimate by 5% result in a fair comparison. It would then be $87,213.00 compared to $76,047.00. This, however, is only for comparison purposes. Since preparing our original cost estimates, we have received a tentative approval for a Community Development Block Grant through Clackamas County which is intended to provide additional wheelchair ramps in the downtown area as well as wheelchair ramps at City Hall and upgrading the public restrooms at City Hall to meet handicap requirements. Since we received preliminary approval on this application, I would suggest that we increase our revenues by $15,000.00, thereby reducing the tax levy necessary. The construction savings plus the revenue increase results in a total levy reduction of $22,013.00. The tax levy cculd be changed from $320,000.00 to $300,000.0~ which results in an annual levy of $27,019.00 and a tax rate of $.24 per thousand. TR:mp August 8, 1988 CI'I'YOF Richard Roberts S~NDY Attorney at Law P.O. SO× 1119 Suite 1800 SANDY, OREGON 97055 222 SW Columbia Street Telephone 668-5§33 Portland, OR 97201 RE: City of Sandy General Obligation Bond Issue Dear Mr. Roberts: Jack Hammond, our City Attorney, informed me you need information regarding the issuance of bonds for our library and police facility in Sandy. Specifically, you're concerned with how these bonds would fit with the 1986 tax code. Our understanding is that not more than 10% of the proceeds from the bond sale can be used for "private activity" which would include the Sears store even though it is set aside for future expansion. I discussed with Jack two possibilities for addressing this issue. First, is to insure that not more than 10% of the proceeds goes towards the purchase of the Sears portion of the building and the other method is to use a general obligation private activity bond. If we use the first method, segregating the costs for the building would result in additional record keeping and survey cost and general obligation activity bonds would result in a higher interest rate, possibly 1.5% higher. Although I have not discussed this issue with the Council yet, it would seem to me that the additional record keeping to segregate the monies as well as a minor amount of survey work would be less costly than an additional 1.5% over the 15 years of the bond. The following information is provided for your benefit in preparing an opinion on this offering. The purchase price of the building will be $322,500.00. Since the City does have other funds available, such-as the Library Trust Fund, the Library Trust Fund could purchase the Sears portion of the building and use the bond proceeds solely for the purchase of the remainder of the building and its remodeling. No remodeling will be done on the Sears portion. My understanding of the new tax code provisions is that up to $30,000.00 or 10% of the bond proceeds could be used for purchase of this portion of the building. What I propose is that no bond proceeds be used for the Sears portion. This will result in a clear distinction for bonding purposes. NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. The Sears store is 20.86% of the entire square footage of the building. Therefore, 20.86% of the purchase price of $322,500. equals $67,273.50. This portion of the building would be purchased solely with Library Trust Fund revenue. A breakdown of the expenditures and revenues for the remainder of the building are as follows: Expenditures: Purchase of Land and Building $255,226.50 - ~f~ Parking & Lights 5,000.00 Remodeling of the Library & Police portions of the Stone Building 90,750.00 Building Permit Fees & System Development Charge 500.00 Architecture Fees 12% 11,000.00 ~' ~h~?c Other Costs (Bonding, Legal, Survey, Testing) 30,000.~0 - ~. Furnishings 20,000.00 Contingency 25,000.00 $437,476.50 Revenues: Bonds Proceeds $300,000.00 State Library Grant 95,544.00 Library Trust (Portion) 7,000.00 Federal Revenue Sharing 27,932.50 Fund Raising 2,000.00 Community Development Block Grant for Handicapped Restrooms (portion) 5,000.00 $437,476.50 Sears Portion of Building Expenditures: Purchase of Land & Building $ 67,273.50 Revenues: Library Trust Fund (majority) $ 67,273.50 Sincerely, Thomas Reber, City Manager TR:mp ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 October 31, 1988 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Ken Reinke City of Sandy P.O. Box 116 Sandy, OR 97055 Dear Mr. Reinke: Enclosed is a photocopy of a letter dated October 26, 1988 from Mr. Bob Rohde (Mechanical Engineer for this project) that notes a possible/potential problem with water pressure at the new facility. Apparently the present service to the building is through a 3/4" meter (water line probably 3/4" also) and the recommended service for the new number of Fixture Units" would be 1-1/2" meter and water line size. The Waterclosets (toilets) are specified as "water saving" tank type fixtures to minimize any problem with water pressure (would take a little longer to fill the tank after use). The water problem could come at the Police Dept. shower by fluctuation in pressure when waterclosets are flushed--if the shower is used during Library "closed hours" there should not be a major problem. To minimize cost we have retained the 3/4" meter and service, but new piping added is sized for the 1-1/2" service if and when provided. Optimum pressure would be provided by changing the meter and service to 1-1/2" during the new construction. An intermediate solution would be to provide new 1-1/2" water service line above the ceiling grid and down the exterior wall at the service point for a future change-over if necessary or when funds are available. Please let us know if you have a preference. Sincerely, Bruce A. Samuelson, A.I.A. DSC, Inc. BUILDING SYSTEMS CONSULTANTS Mechanical Engineers 5~4 s.w. 3RD AVENUE SUITE 808 PORTLAND, OREGON 97204 EH 226-3386 Oc%ober 26, 1988 .. .- Bruce Samuelson BAS Archltec%ure Port,and, Oregon 97232 Subjec%: Sandy Cfity Ha~i L1Drary Dear Bruce, We have reviewed the e.~is%~ng waLer me,er and domes%tic waEer main s~zes and ¢ind them smaller Ehan desireab~e. Our ]r~ves%~ga%ion indicates an exqstin9 3/4 inch me,er and main. Zf Ehis was new installation we would recommend a 1 t/2 1non me%er and 1 1/2 inch main. Pressure problems wi1~ be experienced a~ the sinks, lavaLorys, drinking founLa~n and shower during periods o¢ heavy use. Due %o budget resLrainLs we have no~ increased b~e meLer or ma~n size. We have however, sized %he new p~p~ng Lo aooep% Lhe larger me,er. The meLer can be insLalled under ~his con%racL or a% some future date. ercly Yours, Rober% N. Rohde DSC, thC., Nechanical Engineers RhIR/crt. ~.__E H.O R A N ,D U ~ TO: Kenneth Reinke, Acting city Manager City of Sandy FROM: John H. Hammond, Jr. City Attorney SUBJECT: Legality of Negotiating with Low Bidder on Reduction of Scope of Public Improvement Project DATE: November 29, 1988 You advised me that the bid submissions for the library/police building were considerably over the City's budget for the project. You have advised me that the City has not yet taken any action to approve or reject the bids. You have inquired as to whether it would be legally permissible for the City to accept the low bid and then to subsequently, by change order, substantially diminish the scope of the project. It is my opinion that this would not be permissible. State Attorney General's office relating to bidding procedures and the Model Rules of the State of Oregon Department of General Services relating to exemptions from competitive bidding. Section 137-30-105 of the Attorney General's Model Rules prohibits a public agency from negotiating with any bidder prior to the award of a contract. The section goes on to state: "After award of the contract, modifications to the contract shall be made with change orders of addenda to the contract and in accordance with the exemption rules of the applicable public contract review authority.,' The only applicable exemption relating to change orders for public contracts is §125-310-105 of the Model Rules. This allows a contract amendment for additional work to be made without competitive bidding if it increases the original Kenneth Reinke, Acting City Manager November 29, 1988 Page 2. contract price and if the increase does not exceed 20% of the initial contract for a project not exceeding $100,000. There is no comparable provision relating to reductions in the scope of work of a project involving a reduction of the original low bid price. It would be my recommendation that the City o£ Sandy reject all bids and re-advertise once the diminished scope of the project is determined. ' -.o-K- '2"~a-~-~6'~'~' jr. City Attorney M E M 0 R A N D U I'd 'T'O: Piembel'-s o.F []J.'l:y Council I::ROM~ Sue I',!e~,.~].ands, Library Director RE: Clarification on ~ibrary Modifications DA'f'EE~ November 30, 1988 The evolution o.F an empty building into space that can be utilitzed to its best potential is both 'Lime consuming and exciting. Nearly a year ago, we began witln an open .Floor space and began to visualize a library and police department within. Certain areas seemed t.o lend themselves to our needs with little alteration. Some design requirements had to be niclnecl OL~t o'F the open space such as handicapped accessible toilets. A.Fter several months o~ working with our architect, a plan ~;as drawn that we -Felt ~as workable and witlnin the narrow constraints o.~ the b u d g e t. Since we-? had r'eceiv~d a grant ~rom S~:ate L.:i. br'ary ~c:)F improvements to the current library/city hall building, there was need '~o notify them tln~, new lc, cation ~or a crJ. tique oe the .Floor pZan,, Jim Scheppke, Library DE, velopment Director o-F Oregon Sta~e Library ~;ent over the plans and site with me. From a library marketin(}::l perspective, he -Felt the location and increased size ~ere excelZent, but the utilization the space required a num~)el-- o.~:: changes, These (::hanses were eithe, r strong recommendations .For best. utilization or .Federal reqL~iremen'Ls. Below are outl:[ned the r~,quired chang~es rec:(::,mm(.~,ncled by State library and modi.Fic:ationc~ made just pric:,r to the .Final dra.~:i, ngs. 1. Provide ramp. 2. Move sta:[rs to children's area. 3. M a I.'m w o c I< r o (::) m a n d o.F .F i c e m o r ,:~-) ~:. ....... ~. ,'-~. e",~"' ~- ..... :i. b ]. (.:~, t o c: i r c (::1 e s k. 4. Move desk -F:or bett. er supervis:i, on (:)~: children's area,, 5 ,, R (~,~'F e:) r e:, n c e t. o o 'F a ~ ~:: r o m s t ?~:~ ~.~::. 6. ~]i;l"~e:l.v:[I]~l t. oo c: h c] i:) l:::, e d up~, I-]c,t ec:c)nc:~m:[cal Ltse o~:: space and d:i.F~:::i, cult, to expancJ. '7. Aclcl ch::)or 'l:.o m(.:.:.:,eting room storaqe,, C;., T (:)c, ]. :i. t .t:: ]. e s t c:) r a ~ e, (:? ,, A cl ,:::1 v..~ :i. ~"i d (::) v~ 'L ~::) s'l.:', a.F.F ~.-~ (::) ~." i.:: ~.'L a::,. t :i. (:) r'~ .i:: c) r v :i. ~ :i. !:::, :i. ]. i 'L '..~.,' (::i~...~ e .1:: :i. ri ?~. ~..t ~::: I::: :i. c: :[ (;.:, i'"~ 'L ~. 'IL ;'~'~ ~::: i::: :[ 1'"~ ,:~) ,, ! (} ,,I"'h?(.?.:,t :i. ~"',,:~ c(:)(::)m .::~c:c:c.:,.~.s ~-,~,i"~c~,n :1. :i. l:)c :~:~.~"'~:.., ~::: 1 (::) .~. (.:.'.:. (::t ,~ i:::'c(::r~./:i, d,:-:-::, :I :i. ,, Add ~ :i c,i.:: ~:: (::) m'::.~'.'-:.'~" :i r'~C! rc),::::,m .. :i..',':': .. [:.':~ ~. ! (:l :i (:) '..' :i. s (t :'.~. ]I .: '~ ~" ,.:.~ -':', :i. ~'] i:: ]. ,:.? ::< '~. f:, i ::. .... m.:::'~ 1:: (::, c:: !'"~ :.'.~ ]"~ (] ~:.):.', ~::... It :Ls w.~,~-y cli-F.F:[c~..~].'i: tc:,. ~..."i:~_:.L~aliz~T~ 'Lhe needs o~,:: an ac'Lual c:t :[ ~::t n ' '~:: ~.~ e a 1 :L ~:~ ~.:, L~ n't':. :L i ']::. !"~ e .F i r~ ~ ~. p 1 a n s ,~, e n ~:. c) u had r"~c) sir':l.:: .FacJ.:LJ.'~::i. es J.n ~c. he ~,z,~"~::~-oom, Th:Ls ~ill ~..-~i"~en h,~r,.)'~i:~l:i.n~:~ 'Lh~t~,.:~.e mf~/clz~¢.:,~-"J.a:is,, ~n c)bvic)Lt'S '[:hJ. ng, but (~ve~-'t,:z,c,l.::ed,, The mc)d:f.Fica~::.~.c,r-:~, made ~,zz~,~"'~:, (]~,r-tainl¥' nc,~ fl'"J. VO1/~LtS~ bLVd. ir] (:J:L~sC:L~.SSiC, n~. e,~J. th '!.:h,:e ar-ch:~.'[ec'[, the~-e a~'-e ~4a'ys {:ha'[: w~ can cut F:~::)~."~zJ.c~ns:, cl(::,ir~[:.~ ~;:J.'[':J"~ VC)].L.~F'F[:.effef" hell::,,, e'~.c::, ~kli'Eh (:le'[:c-:?~"mJ. nat:J, on, wf~, ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 Hovember 21, 1988 Project: City of Sandy LIBEAEY/P~ICE RELOCATION Mr. Ken Reinke City of Sandy P.O. Box ll6 Sandy, OR 97055 Dear Mr. Reinke: As reported in our telephone conversation this date, we met with Pacific Crest Construction at 3:00 p.m. on November 18, 1988 to review possible project costs revisions to lower the project cost. The following possible cost reductions are rough estimates only and it would be necessary to obtain final cost reductions after consultation with the various subcontractors involved. For thoughts as to what items could be deleted or changed please review these possible cost reductions. 1. Delete Penalty Clause $ 4.,500.00 2. Waive Building Permit Fee 800.00 3. Delete Builder's Risk Insurance 500.00 4. Change casework to overlay doors 750.00 4-A Delete all casework [$18,000.00] 5. Delete 4 Windows 2,500.00 6. Set-on base vs. coved flooring @Lavs. 750.00 7. Delete exterior painting 3,000.00 7-A Delete all exterior and interior painting [$8,350.00] 8. Delete plywood backing at walls 750.00 9. Delete sound attenuation at walls 1,500.00 10. Change wall covering to painted walls 1,170.O0 ':l. Retain present doors at Children/Juvenile 2,000.00 12. Delete Roll-up Grille 1,750.00 13. Delete grout at door frames 1,O00.O0 14. Change Toilet Accessories 1,O00.O0 15. Delete Display Case 350.00 16. Delete set-on base @ all walls 1,O00.O0 Page 17. Change light & device grades 2,000.00 18. Delete demolition [$3,000.00] 19. Change H.V.A.C. ductwork 1,750.00 20. Delete new l-l/2" water line service 1,O00.O0 Total for above optional changes: $28,070.00 If the City Council will provide some thoughts on what areas'they would prefer reductions to be made, we can have the contractor review costs and ascertain whether there would be other changes that could be made to reduce the costs further. Sincerely, Bruce A. Samuelson, A.I.A. ARCHITECTUR_ BRUCE A. SAMUELSON A.l.k 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 January 18, lgBB Project: CITY OF SANDY LIBRARY/POI. ICE RELOCATION CITY KN.L ~L Mr. Tom Reber City of Sandy P.O. Box ll6 Sandy, OR. 97055 Dear Mr. Reber: We have reviewed the present alternate location for a relocation of the Police and Library functions to the downtown building and prepared a new Preliminary Plan to use in undertaking a Preliminary Budget Estimate of probable remodeling costs. Substantial modifications to the Preliminary Plan would effect the cost estimate. In addition we have prepared new Preliminary Plans for a remodeling of the present City Hall building to utilize the spaces being vacated for use in undertaking a Preliminary Budget Estimate of probable remodeling costs for this work. It is acknowledged that with the short time available that each department has not had an opportunity to review and comment upon the Preliminary Plans. Enclosed are ten (10) sets of three (3) drawings that note the proposed work the estimates are based upon. Conmmntary and costs for the various spaces are as follows: POLICE RELOCATION REMODEL: Approximate 2,520 sq. ft. The utilization of th~ present "open" space is based upon previous conmmnts/requests expressed in the prior remodeling proposals. There are no costs included for exterior work for this space. Apparently this space received a roof top HVAC unit in 1978 and there are no costs associated for equipment but as the present open space is to be subdivided into individual rooms there will be costs to revise the ductwork and add new ceiling diffusers and return air grilles. It is estimated that few new light fixtures will be required and that for the most part present fixtures can be relocated in the present suspended ceiling grid. Costs include counters and storage units noted but do not include furniture or equipment. For a Preliminary Budget Estimate for this remodeling costs only we would reconmmnd the following: DEMOLITION $ 35D.00 CONSTRUCTION 42,t35.00 Subtotal ~ Page LZBRARY RELOCATION RENODEL: Approx. $,525 s.f. + 1,050 s.f. ~ 6,575 s.f. It has been estimated that the Library could adequately function within the present nort~ half of the building without significant remodeling except for the addition of new Lavatories to acconrnodate the Handicap. As the present northwest entry doors could be a nightmare for the staff, we therefore recoa~end removal of this pair of doors and providing new exterior walls to 'close-in' the present entry recess. With the exception of the closing in of the northwest Entry recess there are no costs included for work at the exterior of the building. The three'(3) present reported 5 ton roof top HVAC units installed in 1978 are retained and there should only be minimal ductwork revisions within the space. We have included costs to overlay the present plywood paneling with gypsum board for a lighter color paint finish. Costs are limited to the First Floor space and any future remodeling of the Mezzanine space would need separate Budgeting. There has been consideration by some that the present store shelving system could be retained for use - we would recon~end not relying on this as the weight from books could pose a real liability potential should the shelving injure someone tf it collapses. We have not included any costs for shelving, furniture or equipment in our remodeling cost estimate for this space. For a Preliminary Budget Estimate for this remodeling cost only we would reconlnend the following: DEMOLITION $ 1,700.00 CONSTRUCTION 29,9t5~00 Subtotal For the remodeling of the present space for use by the Police Department and Library we suggest the following costs for a Preliminary Budget Estimate. Police Demolition $ 350.00 Police Construction 42,135.00 Library Demolition 1,700.00 Library Construction 29,9t5.00 Subtotal General Conditions 2,965.00 Supervision , 3,000.00 Subtotal $80,065.00 Overhead & Profit 6,405.00 Preliminary Budget Estimate: As an additional project cost we have undertaken a Preliminary Budget Estimate for proposed remodeling of the present City Hall space as noted by the accompanying drawings. In addition to the interior remodeling noted on the drawings, costs have been included to provide new gas heat/electric cool Heating and Airconditioning units to replace the present system. These costs include new ductwork at the upper level but reuse of present ductwork at the lower level. Also costs have been included to provide a new roof and restain the exterior cedar siding. The Lower Level restrooms are remodeled to acconmnodate the Handicap. Conmentary and anticipated construction costs for this remodeling/repair work is as follows: Page 3 UPPER LEVEL RE.DEL: The present Administration functions are relocated into the existing Library space and the remaining space is reconstructed for better utilization of space and easing of overcrowding conditions. Not included in this estimate is a second Emergency Exit which, under present Code should be required, as the usable space of 3,115 sq.ft. exceeds the 3,000 sq.ft, limit without a second exit - wewould estimate the cost for an open steel Fire Escape at the south wall at an additional cost of $6,500.00 should it be required/desired. Basic costs noted have not included removal of present roofing ($3,450.00) or new insulation for an R-14 rating ($3,.150.00) and these costs should be added if that is required/desired. DEMOLITION $ ¢80.00 CONSTRUCTION 47,255.00 Subtotal ~-47~T3~-~()~ LITTER LEVEL REMODEL: Work at this level includes remodeling of the Lavatories and replacement of the present H.V.A.C. units with new equipment for each side so that climatic conditioning can be zoned and used only as necessary for each space. This should result in energy savings. We estimate costs for the noted construction work should be: DEMOLITION $ 1,125.00 CONSTRUCTION 22,200.00 Subtotal $~J~-3'gTFOl~ The remodeling of the present City Hall building as noted would suggest the following costs for a Preliminary Budget Estimate. Upper Level Demolition $ 41)0.00 Upper Level Construction 47,255.00 Lower Level Demolition 1,125.00 Lower Level Construction 22,200.00 subtotal General Conditions Supervision 3,000.00 subtotal Overhead & Profit ~ · 6,t50.00 Preliminary Budget Estimate: Fire Escape add: 7,2B0.00 Roofing removal & insulation add: Estimate with added work: The above remodeling costs do not include costs to relocate present staff during the remodeling work or into the final space once remodeling work is completed. At each project, provisions are provided for telephone services but we have not included costs for relocation of telephone wiring or services or new equipment. In addition, we are not aware of there being any hazardous material (asbestos, PCB, etc.) which would require additional abatement costs if found. If a review of the two (2) buildings involved has not been made to determine if there are materials which will require special abatement material removal and disposal we would reconmend such a review be prepared and costs estimated for this work prior to the starting of remodeling work. Page 4 Preliminary Budget Estimate Police & Library $86,470.00 Preliminary Budget Estimate City Hall Remodel $-83,060.00 Preliminary Budget Estimate Total: ~ Possible Additional Costs: 14,6B0.00 As possible extra costs that could be required at either or both projects you may wish to determine if the Addition of a Fire Sprinkler System will be required by authorities. Depending upon connection charges and what might be required, the costs could be considerable. We calculate the 'Occupancy' of the Library to exceed 100 which would indicate that a Fire Extinguishing System may be required. Please contact our office if you have questions regarding the noted anticipated project costs. Enclosed are the prints of the present building we borrowed to prepare the new drawing for the Police/Library remodeling. Sincerely, Bruce A. Samuelson, A.I.A. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 January 26, 1988 Project: CITY OF SANDY LIBRARY/POLICE RELOCATION Mr. Tom Reber City of Sandy P.O. Box 116 Sandy, OR. 97055 Dear Mr. Reber: To confirm our telephone conversation on January 25, 1988 we had discussed the possibilities of testing the concrete walls of an existing building with two (2) Testing Facilities we could recommend. The earlier estimate of cost for this testing at $300.00 to $500.00 prooved to be realistic. We talked with the following firms: Professional Service Industries: Mr. Don Scott 232-2183 For most accurate results of the present concrete strengths it was recommended to cut thre~) 4" round core samples through various walls - cutting and testing provided at an estimated cost of $500.00. Requires patching of 4" holes through walls. For less cost, a Schmidt Hammer test could be provided without cutting the wall - this could be provided at an estimated cost of $200.00. This is not an accurate test as there would be a possible 15 percent error each way - 30 percent possible swing. Carlson Testing: Mr. Doug Leach 684-3460 Again the most accurate results obtained from 4" core samples cut out of the wall - provided a-t--~-cost of around $500.00. An almost as accurate (5% error) could be obtained with a "Windser Probe" which is a steel pin shot into the wall and amount of penetration measured to determine strength of concrete - Three (3) test shots could be provided at an estimated cost of $250.00 to $300.00. The least accurate reading could be taken with the "Schmidt Concrete Test Hammer" - This could be provided at the building for a cost of $150.00 to $20O.0O. You may contact either of these individuals if you wish to have the building concrete tested. It would take a couple of days to schedule the testing. Sincerely, Bruce ^. Samuelson, ~.I.^. Meml:,e~'s of' the City Counc.~.l City of' Sandy PO E:o.'..~ '1.16 Sandy, OR 97055 Oe:~Y' Council MembeY's~ Re: Lil"_,~'a~'¥ and F'olioe DeF. ai'tment Expansion At the next oo,..,r',oil meetir',~j you will be ~otir',8 on whei'e to best expal-ld the Lib;'ai'y and Police DeF. al'tmer',t, ol' whet. he~' to p'~'esent a levy to t. he vot. e~'s at, the next election~ :[ would a~ain u~'ge you~' favorable oonside'l'ation of the Stone Bui].din9 looation, and 'that yo~.., p~'esent this OF. Sion to t. he vote;'s as soon as feasib].e~ The City Cou, nc:i. 1 has an oF. po'~tu~ni'l~y to take a positive steF, towa]'d s'koppin9 the sp~'eadin9 blight, o¢ vaoant bu, i].dings in city, whioh could help make ou~' town II~oPe a'lz.t~active fo~ the cL,~-'<'.ent. ~esider',ts, F, eople passin9 th;'ough, and potential new b I..I s i I-I e S s e S .> The oPF, o~'t~Unity is uni,~ue in that, with the Stone E:L~i].d:i.n9 selec, tion, eve~'ybody wins~ The L. ib'l'a~'y and F:'o].i~e DePat'trl~ent would ~et even mot'e l'oom than with the :~ddition 't.o City C:i. ty Hall itsel'f' woold 9et ad,~itior'~l space as :~ bor'~us~ The heads o'f a].l tl",~"ee deF. a'l'-I~mer, ts wo,.~].d be I~,aF, F,y w:i. th tl",e Stone E:~..~i].din9 location~ The bu, siness a'i'ea L, ene'f:i, ts by havin,3 mo~'e 'foot 'l;,~,a.f.fic-, th~'ough a mo~-e visable pol:i.c.e depa~t,~ent., and by not. h~v].r'~}j anot. he'~' v.'~s~can't:, I::,~ i].dir'~$:j~. The taxpayei'.s I::,enef'it. l::,y havin9 :a t:~x ~'a'l;,e o'i" ,:;2 pe'l' $100~ ins'l',e.~d of ,.~; pet' ~~ Many o'f the a~'gumer'~'t,s of' the tasl< f'o¥'ce in favor" o'f ad,::lin~il onto c-ity hall a'l'e, :i.n 'l'eatity, a'~'t~..~l~en'bs against e::.:F, ansion at ei loca'gion~ ! believe that :s~ levy c-ar~ I::,e F'assed 't,o exF:,ancl o,..~'. ].ib~'a'l'y, and th:~t the vo'l:,e'~'~s sho~..,lcl I::,e offer-ed 'ghe least expen- sive Ol::.tion 't.o acl",ieve that 9oal. The bottom line is tl",at u'bilizin9 the St. one b~..~ilclin9 will c-ost the 'baxpayet's $158,835 less ove~' t. he he::.~'l:, :[5 yeal's, even · ¥s~djustin9 fo~" 't:,he loss of' c.i'by ta::.:es i:"i'om 'Lhe F'~'ope~"l;,Y, '.~tt :i.s · l:,he le:~s~s'l:, e~.{pensive opt. ion :as well .s~s 't, he mos'l:, desit'able~. S i n c- e ~' e 1 y, R o ..;j e ~' M. A t- I,:. i n s PROPOSED LIBRARY /.',. POI_ICE DEF'T AREA EXF'ANSION ARGUMENTS IN FAVOR OF E:U.T.I.,.I).T. NG I COUNTER ARGUMENTS IN FAVOR OF AN ADDITION TO CITY HALL E:I_DG, I PURCHASING THE STONE BUILDING (As F.~'-esented to t. he Council and I F. ublished ir, 'l:,he F'ost~) I 1) Ne don't believe ,.Bove;'nn, ent P~ovin,.9 mo~e space for- the libi'a~y should be expan,::lin9, Instead, they and police depa~t~,ent is not 'ex- should '~,ak.e do" with ~,odestly ex- pandir,~' oove~n~,ent, The p~oposal i::.an,Jed .:lUa;'te~s, cloes not I::.i'ovide for' .a laT'ge~ staff o~ budget for either' depart- ~,er',t, The Stone Bu:i.].din9 is the least expensive way to 9et the space needed, The ext.~a space is a ¢~ee bonus, not a liability. 2) Ne don't believe taxF, aye~s The '~,a.jo~ expense' is the expar',- would pass a bond issue for' buyin9 slot, of the p~esent building, Give :¢~,::lditional p~ope~ty at a ~,ajo~ ex- the taxpayers enough c~edit to per, se. Expansion of p~eser',t build- know that a levy of $375,500 to ir, 9 would eliminate the need fo~' ac,~ui~e and adapt the Stone Build- additior',al pf'opef'ty,, in,.~, includin9 the land, will cost the~, less than a $479,000 levy to enla~'ge City Hall and ao,~uif'e the Boitano p~oper, ty, 3) Ne don't believe it wo,..,ld be Zs it c~editable to spend an extr-a c~'ed:i, table to have the City Hall $103,500 in o;'(:le~ to 9et less ~oo~, used only by a s~,all staff and have just so City Hall doesn't have any · the Lil::,f'a'r.y and Police Dept, ~,oved excess? Znstead of ~ega~,d:kr, 9 the to a different location, ext¥'a ~'oo~ as a liability, t~y to find positive uses, pe~h:,aps the city and com~,unity could use to sta;'t deve].opin%~ a ~) !.4e believe that thef'e is I:,ettef' Ou~ ].ib~'a~y and police depar-t~,er',t supe;'visior, of ,deF, a~'tr~,ents if they af'e specialized af'eas, and it. is a~-e not soatter-ed ir', d:i. ffef'er',t doubtful that the city hall staff loc. ations, could, of. even should, t~'y to 9ive any day by day super'vision. The p;.ofessionals I-,if'ed to head these ,::leF, a~'t.~,ents should be co~f, petent er',ough to f'ur', their' own deF, a~"t.- ~,er',t withou'~, SUF, e~vision~ 5) Ne beli. eve that the {::,'~'~:,ser'[t '1'he '['e:Lc, c'a'i:.ior', of -i-,he F'o:l.:i. ce I:.)eF. ]. o c:' a t :i. o r', o 'F t h e ~:' o .1. :i. c e [) e ~::, .I.-, .:. I", a s~ o ,.., 1 ,:J ri, a I.:. e -I.:. I", e m m o ~' e v :i s :a L:, 1 e ::~ r', beer'~ a deter"~-ent .I;.o va~"~,::lalism of' I::'ossibly be a det~:~'¥'er'~t to cT'ime C:i.'l;.y' Hall ar',d tl",e City F':~:~rko ar',d vat',dalfort, ir'~ the er',t:i.~'e c~ty T h :i s ~, o u 1 ,::J Es e (.:e i11 :.3 ITl 0 T' (':.? ¥' e S [:, o [', ~.~ J. b ]. Et :]F,F.~'oacl'~ tl-~ar'~ .loeat:Er,9 the deF, a~'t"- it~ e i"l .I.. f' o I' t h e .r.:- ± t '? ' E:, :~ ,:1 v a r', .1:, a ~ e ~ 6) Ne ,::lor',"t:, be].:i, eve that F:'T'±me fiddir,,3 or, to -I.'.l..,e C~ty Flall b*..~].d~n,.3 c(:)l-iIillei-ci:.~ F. rope'rty shou].,J I::,e ta~..el'-~ iS [:,i'.o~ec:'ted to cos'f. .$103.~500 iitot'e (:)'Fl~ 'l.',he tax i'o].].s0 Rememl:,e~. ~l"~at', tf',ar'~ utJ. lJ. 2ir~ the Stor',e E~u'ildirlg, the taxes exen~l::.ted 'f'Pom ar-~y F.T'OF, e~'y ~ll~ol'.tize('[ at 8% ove~' the .1.5 year F,U~'eha?;e(J b? the City ~out,::i [:,e :.:in bond J. ssue~ the addi'l:.~or~al eo~-I:, to · '..'..'~,:Jded bu'P,Jer', to the r-erlla:i.r'~ir'~[J City the -I:.a%.:F, aye'[.s woold be taxRaye~'"s.~ The S.'tor~e F,~'oF, e~'ty J.s a On the othei' hand~ the ei'Ly woold rl~ a .i (:) ¥' 't'.a;.( c:. o r, 'L ¥"i b L, to~ in the City lose $150B F,e~ yea~' ir'l t:~xes and loss of' 'Ll"~s ovei' the F,e'r~od o'f the Stone E:Ll~l,"l~r~..:j? after' a I::,ond iss~..~e ~o~.lld be s~,3r',i'fica, nt.. ir',~} 'Fo~ eor'~tir'~,.~*ed use o]'~ 25% of' the F,t'em~ses by ..Sears, The total loss ~r'l taxes to the C~'Ly ove]' the 15 yeal's at todays aF, F,l'aisal ar, d ~.a'Le woold be $22~5~5, whioh wo,?ld meat, a savinss to the 'l:,aXF, ayei's o'f $158.,835 oveT' the .1.5 yea~s :i.f' tl",e S'!;one Bui].dir~8 were F,u~'c-hased~ ~hi].e the Stone E:,.,ildin8 does RaY othe~ ta;..'.es~ the loss o~~ those taxes would be shaped th~'oL, 91",o,.,t the SI.]HS O±stl'.iet, r',ot ~ust b,v the F,~"oF, e;'ty owr, e.~'s ir, the T') ]:'[" the Stone p~'.OF.e¥'ty was F.U~~- L. oeatir,~ the I...ib'~'a~'~.~ an,::l F'ol±oe ,.::-hase(:l~ not only wo,Jld we lose the DeR'l:,0 ir'l the Storle [i:o'.'Ll,:lir'18 would fa::-:: ~]~or'~e¥,~ b,..,t el",oJ, ee F,T'OF.e'Pty cor'~tl'~bute ~mr[,e,:Jiatel¥ to the wo,Jld r',ot I:.,e avai.l..al::,].e to a F,~-.os- vit:-'.31:i.~.at~or'~ o'f the a~'ea [:,y stoF,- F' e (:: '1:, :i. v e c o ITl I'[, e '[' (:: J. a ]. b u :s i I", e s s t h ~.., m F' i ~"l 8 a I"l o t h e l' b u i i d ± n ~ 'f ¥' o ~l s t a r'l ,:1 - F, os.:_:~.:i.l::,].V 'foT"t. heT' de]..'ayir'~s the in,.'a eniF,'Ly. The many vac:.ar','L T'evi'La].:i. zatior'l o'f the :..':il'ea ir'~s we now have ~ive ou'[' eOlllli~Ul'i- ity ::~ t:,oof ima,..',~e which I'llay also eaL~se a F,~'ospeetive bus'iness 'Lo look e].?..ewl-lei'e, Zt', is r',ot ].il..:.e].? that any ~'e'Lai].el' who ~'e,=lui'~"es as m~.~c:-h a~'ea :~,s the Stol"~e will want to locate ir'~ downtowl-i Sarldy il'] the r',ea~' f'L~tUi"e ~' arid ;b~ i' e ;.~ iii I..I .~ ~.', i '~, IJ ,J e C) T' C) 'J.; h e in.3s, if, i~. F.~'ob:[~l:.le 't:,l"~.s~'~ 't~he own- eT.s will seek. lowe~' b:~sed on 't, he:i.l' in;~bilit, y oi'- sell. t. hese buildinf~s, The e'r- · 6ec.'b oF t. his could h:ave :~ '6:~'~' gi, e:a't, ei~ imp:/~(::.t, on 't, he Ci't,y Budf~et. 4zh:Bl"~ the losf~ or' f, he S'~or'~e inet 'rl"om 'l:,he t.:ax l'.olls, E~) Ci'~,'?~ H:~i]. W.3S desigl"~eJJ So 't,J"~:~'[, The 'r::~c't, t.h:B'J, &ity H:al]. ctL~['~ be it could be exp:~ndecl~ :~nd 'l:,he exp:~nded i.s r~ot o'r i~',sel'r :~ i'ec~sor~ bu:i. ldinc~ w:~s loc-:~t, ed on ~,he p~oF'- t,o choose 't, his :~l~,e~n:~'t, ive ovei~ e~'t,y so '~,1"~:~ it, could be e?:F.:~n.::led~ :anot, l"~e~~ less cos't,].y opt. ion, wou].d ~,e,~uiT. e t. he mon't, hly c. os'~ of '61"~e costs o'r 'bhe phone sys'~em :~ phone sys't, em :~nd othe~ u'lzili't, ies, ot, he'r. u't:,ilit~ies :~nd m:~ir'~t, er'~:~ncte I"~e:~'[~ mz~int, er~:Br~ce~ :~nd c~ddi~,ion:~l would be :~ny I"~i~he~ Tot the '[,~o ir'~st.e:~,::l o'r one~ City H:~11~ P~esum:~ble e~-~sist, il"lB t',elephorle lines 'Fo~' l~he Libl':Bi'y 7~r'ld Polic-e would be Ef~EE.L.~PE~F~Ce WOU~.~ be less e~.(pens:Lve ;~E~. '~,l"~e t,o'&:~l v.'~].L.le NOL.~Ld be less He:Bt, mi..~ht, even L,e less ,due ~,o the S'~one Buildin~ ~.0) CC) S'& eS~,~.llJ:Bf, es Of '~he S'[,oJ"le S~.l-lC-e 't:,he S&one F'l"oF. ei'~y includes Buildin~ .::lid no'& inc. lude money 'ro~". :~de.:~u:~'[,e p~'~'kin~, :~n(:l ~s it, s use the E'.oiS:~Jno i:,i'oF, ei~f,y~ would 'F~'ee up :~de.~luL~e p:L~kin~ 'roi' Cit, y H:~I].~ '[~he Boit.:ar~o pl-ope~'t,y wou].d no'l:, be r~eede,:t ih o'r-,'Jei~ ~,o 1 1) Cos'~, oT 'r-emo,::lelinf~ t, he St, one Nhile o'~'i~in:Blly .l~i~ue, t. he c-ost, s E',ui].dihEf w.'~s no'[~ eompu'l:,ed J::,y :Bn h:Bve beel"~ eomput, e,::J by :~r'~ :~c. hi'l~ect. :ECl T' C' J3 i '~, e C' '[, 313 ':~ ~ '[, '[', h i S t. i I'll e i S :[~1 I"1CJ '~, I"l e J~ e v i s e d s :B v i I"1 '.] S O OPTION TO PURCHASE REAL PROPERTY DATED: ~9 - %~--- , 1988 FROM: GORDON E. STONE and DOROTHY J. STONE, Husband and Wife, Grantors TO: CITY OF SANDY, Grantee RECITALS: A. Grantors are the owners of certain real property located in the City of Sandy, Clackamas County, Oregon, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. B. Grantee is interested in purchasing all of the aforesaid property upon terms and conditions hereinafter stated. The parties therefore agree as follows: AGREEMENTS: 1. Grant of Option. Grantors, for and in considera- tion of the sum of $250 paid to Grantors by Grantee in cash, receipt of which is hereby acknowledged, hereby grants to Grantee the sole and exclusive option to purchase the property in the manner and for the price hereinafter stated. 2. Duration of Option. 2.1 This option may be exercised at any time within 75 days of the date of execution of this agreement. Subject only to the conditions attached as Exhibit "B". 3. Failure to Exercise Option. If Grantee fails for any reason to exercise this option in the manner set forth below, Grantee shall have no further claim against or interest in the property or against or in any of the money paid for the option or any extension thereof, and all such monies shall remain the property of Grantors who shall have nc further obligation to Grantee. Further, in the event of such failure to exercise, Grantee will ccoperate in providing Grantors with any instruments which Grantors may reasonably deem necessary or advisable to be obtained from Grantee for the purpose of removing from the public record any cloud on Grantors' title to the property which is attributable in any manner to the grant or existence of this option. 1 - OPTION TO PURCHASE REAL PROPERTY 4. Exercise and Scope of Option. 4.1 This option shall be exercised if at all by written notice given by Grantee to Grantors at any time during the original or any extended option period, which nctice shall specify that Grantee has elected to exercise this option. 4.2 This option may be exercised only with respect to the entirety of the property, and nothing contained herein shall be ccnstrued as permitting Grantee to purchase less than all of the property pursuant to this option. 4.3 Upon exercise of this option, Grantee shall be obligated to purchase the property from Grantors, and Grantors shall be obligated to sell the property to Grantee, for the price and in the manner hereinafter set forth. 5. Rights for Duration of Option. 5.1 During the original and any extended option period, Grantee shall be entitled to go upon the property for the purpose of making or conducting any inspection, investigation, test or survey reasonably relative to Grantee's decision to purchase the property or to Grantee's prospective use thereof, provided only that all such activities shall be without expense to Grantors. Grantee shall not interfere with or disturb the rights of any tenants of Grantors in possession of any portion of the property or of any mortgagees or contract vendors thereof. Grantee shall protect, defend and hold harmless Grantors from any loss, liability or damage to persons or property arising out of or related to Grantee's activities on the property. If Grantee fails to exercise this option and purchase the property, Grantee shall fully compensate Grantors for any physical damage to the property or lien, encumbrance or charge thereon attributable to Grantee's activities with respect thereto. 5.2 During the original and any extended option period, Grantors shall cooperate in all reasonable respects with Grantee's efforts to inspect, investigate, test and survey the property. Grantors warrant that no tenants, mortgagees, or contract vendors have rights in or to the property which would prevent or unreasonably interfere with Grantee's performance of said tests, surveys and staking of the property in a reasonable manner. 2 - OPTION TO PURCHASE R£AL PROPERTY 6. Purchase Price; Payment. 6.1 If Grantee exercises this option, the purchase price of the property shall be the sum of $322,500.00. 6.2 The purchase price of the property shall be pa~able as follows: (a) Grantee shall be given credit for the $250 paid by Grantee upon execution hereof and for such additionalamounts 'as may be paid by Grantee to Grantors upon exercise of the option or for exten- sions of the option as the parties may provide. 6.3 The purchase price of the property shall include the purchase of personal property described in Exhibit "B" attached hereto and incorporated herein by reference. 7. Closing. 7.1 The purchase of the property shall be closed in escrow and the costs of escrow shall be shared equally by the parties. 7.2 Closing shall occur as soon as possible following exercise of this option by Grantee and, in any event, not later than the 60th day following the date of exercise of this option. 7.3 At closing, Grantors shall deliver to Grantee: (a) A duly executed and acknowledged statutory warranty deed conveying the property described in Exhibit "A" to Grantee free and clear of all liens and encumbrances. 7.4 At closing, Grantee shall pay to Grantors in cash the entire amount of the purchase price over and above the credits described above. 7.5 Taxes, utilities, rents, if any, premiums for any existent policies of insurance assumed by Grantee, and the current portion of assessments for governmental and quasi-governmental improvements, if any, shall be prorated between the parties as of the date of closing. 7.6 Grantee shall be entitled with respect to the real property described in Exhibit "A" to a standard owner's policy of title insurance insuring title in Grantee. 2 - OPTION TO PURCHASE REAL PROPERTY 8. Default. If either party shall fail or refuse to carry out any provision hereof, the other party shall be entitled to such remedy or remedies for breach of contract as may be available under applicable law, including without limitation the remedy of specific performance, if such other party has fully performed all of its obligations hereunder. 9. Attorney's Fees. In any suit or action brought upon or arising out of this agreement, and upon any appeal thereof, the losing party agrees to pay the prevailing party's reasonable attorney's fees to be fixed by the trial and appellate courts respectively. IN WITNESS WHEREOF, the parties have executed this instrument on or as of the day and year first written above. GRANTORS: .~G6r~d6n D'. Stone ~-~ - Dorothy ~/~/Stone GRANTEE: CITY OF SANDY 4 - OPTION TO PURCHASE REAL PROPERTY 4 EXHIBIT "A" BOUNDARY DESCRIPTION FOR CITY OF SANDY (GO~DON S~ONE pARC~.r.) 88 1~116 Jall,~ar¥ 25, 1988 A portion of Block 8 in the duly recorded plat of "SANDY", and a portion of the Northwest One Quarter of the Southwest One Quarter of Section 13, Township 2 South, Range 4 East of the Willamette Meridian in the County of Clackamas and the State of Oregon, mOre particularly described as follows: __B~inning at a point in the north line of said Block 8 that bears South 88 15'00" EaSt,oa distance of 176.00 feet from the northwest corner thereof; thence South 01 36'00" West, a distance of 170.40 feet to a point; thence South 88o24'05" East, a distance of 109.11 feet to the west line of that certain tract of land conveyed to Warren E. Decker et ux, recorded August 6, 1976, Film No. 76-27123, Deed Records,said County; thence North 02°40'10'' East along said west line a distance of 20.60 feet to the northwest corner of the said Decker tract; thence South 86008'30'' East, along the north line thereof, and parallel with the north line of Pioneer Blvd. in the City of Sandy, Oregon, a distance of 50.00 feet to the northeast corner of said Decker tract; thence North 02°40'10'' East, along the west line of Shelley Avenue, a distance of 151.37 feet to a point of intersection with the north line of said Block 8; thence North 88o15'00'' West', along said north line a distance of 162.28 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion described in deed to the City of Sandv. EXHIBIT "B" CONDITIONS PLACED CN OPTION 1. Ail shelving in the clothing area is to be included in the sale price; however, shelving in the Hallmark area is excluded. 2. The Grantee agrees to pay for the cost of the survey for this property and to provide a legal description of the remaining parcel, generally described as the property south of the property considered in this option and between the Decker building and the Benjamin Franklin Savings & Loan property. 3. The carpet-topped window displays will be included in the sale and become the property of the Grantee. 4. The concrete walls of the subject building must pass a strength test. 5. This option agreement terminates if nct executed by the City by February 5, 1988. The above five conditions constitute all the ccnditions placed on this option. F'lc~[; B -'- Expand Library: Police, & Admin. at (3it.'/ Hall and pLI~EhBSO Boitano property. E X F'END I TURES Land Acqui si ti on 50,000 Parking and Lighting 25~000 Public Improvements 15,000 · Landscape & Irrigation 4,000 Buildings Addition & R~model 517,000 Building Permit Fees ~< S.D.O. 5,000 Architecture Fees - 8% 41,000 Other Costs: Bonding & Legal Fees ',. Furn i sh i ngs 20,000 Contingency- 10% 61,000 TOTAL EXPENDITURES $768,000 REVENUES Federal Revenue Sharing 115,000 State Library Grant - 100,000 Library Trust 74~000 Fund Raising 2,000 Tax Levy 479~000 TOTAL REVENUES $768~ 000 F'ri nci pal $47~ 000 Interest O. 08 Term 15 Payment $55~ 9~1 Principal Interest Balance $47~, 000 Jan. 1~88 17,641 58~520 461,559 Jmn. 1~89 19~ 055 56~ ~09 442,506 Jmn. 19~0 20~577 55~384 421~72~ Jan. 1~1 22~ 225 55, 7~8 5~, 506 Jan. 19~2 24~001 51,960 375~505 Jan. 1~5 25,~21 50,040 54~584 Jan. 1~94 27,995 27,~67 .. 521,590 Jan. 1995 50~254 25,727 291,556 Jan 1996 ~ 65~ ~ 508 258 7A5 Jan. 1997 55 265 ~),696 22~,457 Jan. 1998 58~ 086 17,875 185~ 551 Jan. 1999 41,155 14,828 144,218 Jan. 2000 44,424 11~557 99,794 Jan. 2002 51,816 4, 145 0 1-26-88 Pt~an R - Remodel City Hall, Police & I_ibrary in Stone Building E X PEND I TURES CONF I DENT I AL Land & Building Acqui si ti on 322,500 Parking and Lighting~ 5,000 Bui 1 dings ~2/,~ ~ Remodml ~ldg~.~~'~ty Hall ~ Building Permit Fees & S.D.C. 500 Architecture Fees - 8% 13~560 Other Costs: Bonding & Legal Fees 30~000 Furnishings 20~ 000 Contingency- 10% 49,700 TOTAL EXPENDITURES $610~760 REVENUES Federal Revenue Sharing 115,000 State Library Grant 100~000 Library Trust 74~000 Fund Raising 2,000 Tax Levy 521~ 760 TOTAL REVENUES $610~760 Principal $521,760 Interest 0.08 Term 15 Payment $37~ 591 Principal Interest Balance $321,760 Jan. 1988 11,850 25,741 309~ 910 Jan. 1989 12,798 24,793 297~ 111 Jan. 1990 15,822 23~ 769 283,289 Jan. 1991 14,928 22,663 268,361 Jan. 1992 16~ 122 21,469 252,239 Jan. 1993 17,412 20~179 234,827 Jan. 1994 18,805 18,786 216~ 022 Jan. 1995 20,309 17~ 282 195,713 Jan. 1996 21,934 15,657 173,779 Jan. 1997 23~689 13,902 150,090 Jan. 1998 25~584 12,007 124~506 Jan. 1999 27,631 9,961 96,876 Jan. .2~]r)r)... 29 ~ 841 7~. 750 67~ ~'~5. _ Jan. 2001 32,228 5,363 34,807 Jan. 2002 34,807 2,785 0 $~16, $321,760 $204, ~.41 ~ 001 Assessed Valuation 1987/88 $112,000~000 Annual F'ayt ~s37,600 Tax Levy $29,600 Rent Income 8,000 Net Payment $29,600 Tax Rate $0.26 8 HUTCHISON, HAMMOND, WALSH, HERNDON & DARLING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JOHN C.HUTCHISON ;:31790 WILLAMETTE DRIVE JOHN H.HAMMOND, JR. P,O. BOX 648 MiChael D. WALSH WEST LINN, ORE(~ON 97068 TElePhOne ROBERT D. HERNDON (503} 656-1694 DEANNE L. DARLING January 19, 1988 Mr. Thomas Reber City Manager City of Sandy P.O. Box 116 Sandy, OR 97055 RE: Stone - City of Sandy Option to Purchase Our File No. 1950.015 Dear Tom: Enclosed pursuant to your request is an original form of Option to Purchase Real Property between Gordon E. Stone and Dorothy J. Stone and the City of Sandy. Please make sure the City attaches Exhibits "A" and "B" prior to execution. Also, please forward a copy of the fully executed agreement to our office for our files. fr e t cal -IfeY°UohaVelany questio~D-~arding this matter, please feel / J?~ H. Hammond, Jr. kt //~tyAttorney Enclosure (1) / / Option to Purch~ ,..'- PROCTOR ° 2200 4~0 4200 4101 4000; 4400 I~ ~L~4~I ~ ,, g ONEER - ~'- ( MAIN ) 4 5 01 5000 5100 0.21Ac. I " 5300 i , I 5 ' ,. o.~c -- -- 7400 I I 2.20 ~ : 7 1.19 ~. SERIAL -~ Ti',',-.. RUN 30895-57 55-41522 72,103 134,220 206,320 CLAC<AMAS C3JNTY BAN< 201 4~1 72 06 82 28 *KIN~ STEPHE~ M 182 SANDY PT LT 6~7 ~LK Z *HAY~ J%A~ M ET-AL ~STEPHEN M ~ING ~AILIN~ 3104 N~ GLIS~N PORTLAND OR 9?232 EXMPT FJ OOT. SW3 TIMBER TRANS DIV. ORIG LOT 2/06/B? ' SITUS 17~73 SCALES AVE SANDY DR 97055 !,322 24Ef~CAD¢~01 ' 23/05/~7 SANDY SCH#46 046-002 SERiNk~. 56~Z.~ ..... TiME RUN 03:02 30895~87 $$-~1522 14,763 40,23~ 54,990 CLAC<ANAS CDdNTY BAN< 201 4~0 72 06 82 28 *KINS STEPNE~ M 182 SANDY PT LT 7&8 BLK 2 *HAYES JEAN M ET-AL %STEPHEN M KING ~AILI~S 3104 NE SLiS~N ~ORT_AND OR 97232 EXMPT FU POT. SWD TIMBER TRANS ' DIV, ORIG- LOT .... 2106/87 SITUS 38737 PIONEER BLVD SANDY 3R 97055 1'323 24E13CAO~+02 03/05/57 SANDY SCH#46 04~-002 SERIAL 55093? TIME RUN 03:02 72-01508' 29,883 54,990 84,870 MADISON E'JG'--NE 'q, 201 440 72 36 82 28 qAILiNG ~0 ~3X 455 1~2 S~NDY PT LT 7'~8 ~LK 2 SANDY OR 9705~ EX,PT FJ ~OT. S~3 TIN6ER TRANS DIV. ORIG LDT 1/28/~2 SITUS ~5755 PIONEER 8LVD SANDY DR i CIRCLE REFERENCE NUMBERS (~) Sales Tax (D~v. mO-O~) State sales tax on materials is tabulated below (5 states have no Some projects may be sales tax exempt, particularly those sales tax). Many states allow local jurisdictions, such as a county constructed with public funds. or city, to levy additional sales tax. State Tax State Tax State !Tax State Tax *~%laba ma .............. 4% Illinois ............... 7% Montana .............. 0% Rhode Island .......... 6 ,~--- :,iaska ............... 0 Indiana ............... 5 Nebraska ............. 3.5 South Carolina ......... 5 Arizona ............... 5 Iowa ................. 4 Nevada ............... 5.75 South Dakota .......... 4 Arkansas ............. 4 Kansas ............... 4 New Hampshire ........ 0 Tennessee ............ 5.5 ~aiif0rma ............. 6 Kentucky ............. 5 New Jersey ............ 6 Texas ................ 6.25 Colorado .............. 3 Louisiana ............. 4 New Mexico ........... 4.75 Utah ................. 6.5 Co,~necti~ut ........... 7.5 Maine ................ 5 New York ............. 4 Vermont .............. 4 Delaware ............. 0 Maryland ............. 5 North Carolina ......... 3 Virginia ................ 4.5 District of Cotumbia ..... 6 Massachusetts ......... 5 North Dakota .......... 4 Washington ........... 6.5 Fiorida ............... 5 Michigan ............. 4 Ohio ................. 5.5 West Virginia .......... 5 georgia ............... 3 Minnesota ............ 6 Oklahoma ............. 3.25 Wisconsin ............. 5 Hawaii ............... 5 Mississippi ............ 6 Oregon ............... 0 Wyoming ............. 3 Idaho ................ 5 Missouri .............. 4225 Pennsylvania .......... 6 Average .............. 4.41%- Q Construction Time Requirements (D~v. O~O-O~8) 'Table below is average construction time in months for different in months for different size projects. Design time runs 25% to 40% types of building projects. Also shown is the construction time of construction time. Type Building Construction Time Project Value Construction Time Industrial Buildings 13 Months Under $1,000,000 10 Months Commercial Buildings 15 Months Up to $3,000,000 15 Months Research & Development 17 Months Up to $15,000,000 21 Months Institutional Buildings 18 Months Over $15,000,000 28 Months (~ Architectural Fees (Div. OlO-O~) Tabulated below are typical percentage fees, below which adjusted proportionately. For alterations, add 50% to the fee for adequate service cannot be expected. Fees may vary from those the first $500,000 of project cost and add 25% to the fee for listed due to economic conditions, project cost over $500,000. Rates can be interpolated horizontally and vertically. Various Architectural fees tabulated below include Engineering Fees. ~ortions of the same project requiring different rates should be Building Type Total Project Size in Thousands of Dollars 100 250 500 1.000 2,500 5,000 10,000 Factories, garages, warehouses repetitive housing 9.0% 8.0% 7.0% 6.2% 5.6% 5.3% 4.9% Apartmems, banks, schools, 11.7 ]0.8 8.5 7.3 6.7 6.4 6.0 libraries, offices, municipal buildings Churches, hospitals, homes, 14.0 12.8 11.9 10.9 9.5 8.5 7.8 laboratories, museums, research Memorials, monumental work, -- 16.0 14.5 13.1 11.3 10.0 9.0 decorative furnishings 374 (~ Sales Tax (Div. O10-O86) State sales tax on materials is tabulated below (5 states have no Some projects may be sales tax exempt, particularly those sales tax). Many states allow local jurisdictions, such as a county constructed with public funds. or city, to levy additional sales tax. State Tax State Tax State Tax State Tax Alabama .............. 4% Illinois ............... 7% Montana .............. 0% Rhode Island .......... Alaska ............... 0 Indiana ............... 5 Nebraska ............. 3.5 South Carolina ......... 5 ^r~zona ............... 5 Iowa ................. 4 Nevada ............... 5.75 South Dakota .......... 4 Arkansas ............. 4 Kansas ............... 4 New Hampshire ........ 0 Tennessee ............ 5.5 California ............. 6 Kentucky ............. 5 New Jersey ............ 6 Texas ................ 6.25 Colorado .............. 3 Louisiana ............. 4 New Mexico ........... 4.75 Utah .................. 6.5 Connecticut ........... 7.5 Maine ................ 5 New York ............. 4 Vermont .............. 4 Oeiaware ............. 0 Maryland ............. 5 North Carolina ......... 3 Virginia ............... 4.5 District of Columbia ..... 6 Massachusetts ......... 5 North Dakota .......... 4 Washington ............ 6.5 Florida ............... 5 Michigan ............. 4 Ohio ................. 5.5 West Virginia ........... 5 Georgia ............... 3 Minnesota ............ 6 Oklahoma ............. 3.25 Wisconsin ............. 5 Hawaii ............... 5 Mississippi ............ 6 Oregon ............... 0 Wyoming ............. 3 Idaho ................ 5 Missouri .............. 4.225 Pennsylvania .......... 6 Average .............. 4.41% Q Construction Time Requirements (D~v. o~o-o~8) Table below is average construction time in months for different in months for different size projects. Design time runs 25% to 40% types of building projects. Also shown is the construction time of construction time. TYpe Building Construction Time Project Value Construction Time Industrial Buildings 13 Months Under $1,000,000 10 Months Commercia! Buildings 15 Months Up to $3,000,000 15 Months Research & Development 17 Months Up to $15,000,000 21 Months Institutional Buildings 18 Months Over $15,000,000 28 Months (~ Architectural Fccs (Div. 010-004) Tabulated below are typical percentage fees, below which adjusted proportionately. For alterations, add 50% to the fee for adequate service cannot be expected. Fees may vary from those the first $500,000 of project cost and add 25% to the fee for listed due to economic conditions, project cost over $500,000. Rates can be interpolated horizontally and vertically. Various Architectural fees tabulated below include Engineering Fees. )ortions of the same project requiring different rate should be Total Project Size in Thousands of Dollars Building Type 100 250 500 1,000 2,500 5,000 10,000 Factories, garages, warehouses repetitive housing 9.0% 8.0% 7.0% 6.2% 5.6% 5.3% 4.9% Apartments, banks, schools, 11.7 10.8 8.5 7.3 6.7 6.4 6.0 libraries, offices, municipal buildings Churches, hospitals, homes, 14.0 12.8 11.9 10.9 9.5 8.5 7.8 laboratories, museums, research Memorials, monumental work, -- 16.0 14.5 13.1 11.3 10.0 9.0 decorative furnishings 374 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Between Owner and Architect . .... 1977 EDITION ~ ',,, , ~ THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Eighth (8th) day of July in the year of Nineteen Hundred and Eighty Eight. BETWEEN the Owner: City of Sandy, Oregon P.O. Box 116 Sandy, Oregon 97055 and the Architect: Bruce A. Samuelson, A.I.A. 35 N.E. 17th Avenue Portland, Oregon 97232 Forthe following Project: (Include detailed description of Project location and scope.) Relocation of present City Library and Police Departments to remodeled space in the present space known as the STONE BUILDING located at 38988 Proctor Blv'd. and renovation of those Department spaces at the present City Hall located at 39250 Pioneer Blv'd. but not including remodeling of those spaces for usage. The Owner and the Architect agree as set fort, h below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006, Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 I TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE I ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general ARCHITECT'S SERVICES AND RESPONSIBILITIES market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical lng jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 CONSTRUCTION PHASE--ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THECONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the rive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components, incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs, ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shale be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- tot shale be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural, structural, mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shall visit the site at intervals ap- be appropriate, propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qua[- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® ~, © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- Work wherever it is in preparation or progress, stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.1:] The Architect shall review and approve or take to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, other appropriate, action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of 1.5.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Architect's knowledge, information and belief, the qual- the Contract Documents, and shall have authority to order ity of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for con- minor changes in the Work not involving an adjustment formance with the Contract Documents upon Substantial in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.$.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT I~FI~I~IESIENTATION I~E¥OND I~^SIC essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.:] Through the observations by such Project Repre- result of any interpretation or decision rendered in good sentatives, the Architect shall endeavor to provide further faith in such capacity, protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. ^lA DOCUMIEN¥ 1~141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · A1A® · © 1977 4 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies, of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceedingor legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 Tlt¥1F labor. 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces, the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or of submissions and for approvals of authorities having other documents when such revisions are inconsistent jurisdiction over the Project. This schedule, when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ,~I~TIC/[ 2 1.7.13 Preparing Drawings, Specifications and supporting TIlE OWNI:I~'S I~I:SI~ON$11]ILI'I'I[$ data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner s~hall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for tl~ Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project, and their source. &lA I)OCLIMEN'r 1~141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1~141-1977 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services, cie 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- lng property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths, rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations, tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such 2.7 The Owner shall furnish all legal, accounting and in- fixed limit has been agreed upon in writing and signed by surance counseling services as may be necessary at any the parties hereto. If such a fixed limit has been estab- time for the Project, including such auditing services as lished, the Architect shall be permitted to include con- the Owner may require to verify the Contractor's Applica- tingencies for design, bidding and price escalation, to de- tions for Payment or to ascertain how or for what pur- termine what materials, equipment, component systems poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con- half of the Owner. tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof, after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT B141 * OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa~ the limit of the Architect's responsibility arising from the tion tor any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional ARTICLE 5 Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Corn- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compe.nsated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written noti~ce from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment,'togett~er with Reimbursable Expenses then Architect's consultants, due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 7.1 Records of Reimbursable Expenses and expenses per- 5.1.6 Expense of any additional insurance coverage or taining to Additional Services and services performed on limits, including professional liability insurance, requested the basis of a Multiple of Direct Personnel Expense shall by the Owner in excess of that normally carried by the be kept on the basis of generally accepted accounting Architect and the Architect's consultants, principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- lng as those in AIA Document A201, General Conditions fating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all raining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall he specifically enforceable under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages coy- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner ARTICLE 13 upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 8 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of No Prepa~a~ent dollars ($ 0.00 shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis ot compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of compensa- tion apply, if necessary.) Hourly rates for services provided in the preparation of Specifications and Drawings and Contract Administration for actual time spent on the subject project at the following for Architects office staff: Principal: $37.50 per hour Draftsperson: $21.00 per hour Clerical: $21.00 per hour The above rates will be used for time spent on the subject project but is not to exceed the sum of $18,600.00for Architactural Services, Plumbing Mechanical Engineer Fees and Electrical Engineer Fees. 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: percent ( %) Design Development Phase: percent ( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent ( %) Construction Phase: percent ( %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis of compensation, including rates ancot multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular metho~ of compensation apply, if necessary.) At hourly rates for services as noted in Article 14.2.1, Basic Services for Architectural work and at hourly rates for Engineering work as noted in article 15. It is not anticipated that Engineering services will be required for structural work as no structural revisions are presently proposed nor for Heating, Ventilating and Airconditioning work at the STONE Building beyond minor ductwork revisions as the equipment has been deemed acceptable without replacement. At the present City Hall building there will only be revisions to the Lower Level Lavatories to comply with Handicap requirements and Mechanical Engineering services for Plumbing revisions and a new HVAC system complete with new equipment and ductwork and Electrical Engineering services to service the new equipment from existing adequate electrical service to the building. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of one point one zero ( 1.10 ) times the amounts billed to the Architect for such services. (Identity specific types of consultanls in Article 15, ii required ) 14.,~ FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursableExpenses, a multiple of one point zero ( 1.0 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, sin]dar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve ( 1 2) ( ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT I]141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION" JUI.Y 1977 ~' AIA® · © 1977 11) I]141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 15 OTHER CONDITIONS OR SERVICES Present Hourly rates for Consultant Engineers will be billed at the following: STRUCTURAL Engineering: Principal: $55.00/Hour Project Engineer: $45.00/Hour Drafting: $30.O0/Hour Clerical: $21.O0/Hour MECHANICAL Engineering: Principal: $62.00/Hour Project Engineer: $52.50/Hour Project Designer: $45.00/Hour Engineering 'gechnician: $35.00/Hour Draftsperson: $28.00/Hour Clerical: $20.O0/Hour ELECTRICAL Engineering: Principal: $62.50/Hour Senior Engineer: $54.00/Hour Engineer: $48.00/Hour Draftsperson: $28.00/Hour Clerical: $21.O0/Hour Computer: $17.00/Hour AIA DOCUMENT 1~141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 11 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT City of Sandy Bruce A. Samuelson, A.I.A. P.O. Box 116 35 N.E. 17th Avenue Sandy, Oregon 97055 Portland, 97232 BY B~ AIA IDOCU/~ENT B141 · OWNER-ARCHITECT AGREEMENT" THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 12 i1141-1~J77 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 AGREEMENT THIS AGREEMENT, made this day of 1989, by and between City of Sandy, Oregon hereinafter called "OWNER" and doing business as (individual) or (partnership), or (a corporation) hereafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the renovation and remodeling at Sandy Library/Police Building. 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. The Contractor also agrees that he shall comply with the provisions of Sections 279.348 to 279.365 of the Oregon Revised Statutes regarding payment of prevailing wage rates. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within five (5) calendar days after the date of the NOTICE TO PROCEED and will complete the same within 90 consecutive calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ or as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" MEANS and includes the following: (A) Advertisement for BIDS (B) Information for BIDDERS (c) BID (D) BID BOND (E) Agreement (F) General Conditions D-1 (G) Technicai Specifications (I) PERFORMANCE BOND (J) NOTICE TO AWARD (K) NOTICE TO PROCEED (L) BID SCHEDULE (M) DRAWINGS (N) SPECIFICATIONS (0) ADDENDA: No. , dated , 198 No. , dated , 198 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7.' This Agreement shall be binding upon all parties and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in ( ! ) copies each of which shall be deemed an original on the date first above written. (SEAL) OWNER: ATTEST: BY Name ::- :-- - - '-: ~ Name (Please Type) (Please Type) (SEAL) CONTRACTOR: ATTEST: Mart~onstr~ct~n Co.of Oregon In Name Roger Martin Name~R~ger Martin (Please Type) (Please'Type) Title President Address:1404 NE lllth Port±and, o~ 97220 agreemen RENOVATION AND REMODELING SANDY LIBRARY/POLICE BUILDING BID SCHEDULE AND PROPOSAL To the Mayor and City Council Sandy, Oregon Gentlemen: The undersigned bidder declares that he has carefully examined the attached bid documents for Renovation and Remodeling Sandy Library/ Police Building in the City of Sandy as designated in the Notice to Contractors; that he has made such investigations as are necessary to determine the conditions to be encountered independently of the indications contained herein and that if this Proposal is accepted, he will contract with the City of Sandy, Oregon in the form of contract hereto annexed; will, to the extent of his bid, furnish all labor, materials and equipment necessary to complete the work as specified. The undersigned further agrees to begin work within five (§) days after the Notice to Proceed and to complete the constmuction in all respects no later than 90 consecutive calendar days from the date of issuance of the Notice to Proceed. The Bidder submits and proposes the following Lump Sum Bid Item Description and Price i. Renovation and Remodeling as described in the Plans and Specifications attached to and incorporated an this document the sum o~f~% f'~,,~ Dollars $ t3~, - TOTAL AMOUNT OF BID $ 1'33 ALTERNATES: ALTERNATE No. 1: Delete in entirety the supplying of material, installation and finishing of all gypsum wallboard and associated trim at walls and ceilings at this project as specified in Section 9B and as noted on the Drawings. ~ 3~%~---- in the Contract'Amount if this For a DEDUCTION of: deductive section of the project's work is to be provided by others. ALTERNATE No. 2: Delete in entirety the counter, sink and all associated plumbing work for the installation of the counter and sink noted in Work Room (4) and as noted on the Drawings. For a DEDUCTION OF: $ ~cb°~ in the Contract amount if this Deductive Alternate is accepted and the counter and sink are not provided. ALTERNATE No. 8: Delete in entirety the cutting of new window openings, miscellaneous steel subframe and the furnishing of the new windows and exterior trim noted to be installed at Work Room (4) and Office (5) on the Drawings and as specified in Sections 8J and BK. For a DEDUCTION OF: $ ~oq in the Contract Amount if this Deductive Alternate is accepted and the new windows are not installed. ALTERNATE NO. 4: Delete in entirety the new framing at the existing Skylight in the LIBRARY space (8) and the work at the present Skylight as noted in Details D/4 and E/4 (dwg. #4) and retain the present suspended T-Grid system below the skylight as it exists with tile installation as noted in Specification Section 9C. For DEDUCTION of: -- IN THE Contract Amount if this Deductive Alternate is accepted and the new skylight well framing is not installed. Submitted By: Signature of Authorized Agent ~~r ~~~ ~' '/ TitlePresident Name of BidderMartin Constructi~o ~d~ss ~40~ N__E lllt_____h Ptl__d., OR 97220 ~1 Continental nsurance. BID BOND KNO~ ALL MEN BY THESE PRESENTS: That,. ............ .M,, .A,~. ,T. ~I..N...c..0.~. ,s, .T. R, U. ~ I.I. ~3~...~QMP~N.Y .................................................................................................. ;i' ~i i. 7,'.',', Z,',~,~ ~'.i'E~'l~i~',',','.'.', Z.',',',',', i i i'.',',',','. ',','.'.',','.'.',',',', 7, Z,, 7.1 ',',2 221 '.i T,',i '.T. ii 7,11 '.'.277'~';;';";'i 211 i~'~i~6.Z'.'.'. hereinafter called the Principal, and ,...TH.L..CONT. INENT. AL...IN.$,U, RAN.C£...C0.HP, ANY ................................................... hereinafter called the Surety, see held and firmly bound unto ....... CI~.T.Y,,,D..F...SAND.Y ...................................................... hereinafter called the Obliger, in the sum of TENP..E. RCENT..D.F...T. HE...T.O.T. AL..A. HD.U. NT...B;ID:r.~.r..'zr.='z===~ ....................................................................................... 10.7, ................ ( $.1.6.,.fi 0 0,,.0.0.) ................................... r)ol h,r s; for the payment whereof to the Obliger .......... the Principal bind ........ .0.U.R ................................... heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,, firmly by these presents. ~l'hereas the Principal is herewith submitting'the accompan¥ina bid dated ..... ~/.~/..~.,.~. ............................. for ........ L!B.R~,R,Y, P.,0LIC..E..R.E.L0.CAT. ION ...................................... -.- .......................... '..'. Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void'. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice ol award of contract the difference ~n money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others tot such wor~ ann material, if the latter amount be in excess of the former, but in no event shall the Surety'$ liability exceed the penal sum hereof. In Witness Whereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. ...~6.~, T,Z..N., .C.O..~.S.T.~..u.c, T.z. 9~..c.9~ .P~ ~. X ..................... / Pr~li~l // ., ,T, .H,E,..C.O. ~T .I.~ ,~.N. ,T, A.L' .I.~ 5u..R)..ry.C..E.. ,.'.?. ,?l.P, .,¢~y ................... 'Gene M. Dietzman Avtorne~; Bond 1264D hlmcd in U.S.A The Conti[, ntal Insurance Compan, 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTI,",[NTAL INSL,JR,~NCE COMPANY has made, ¢onsti~uled appoinled, and by these presenu, does make, conshlule and appo~nl Gene M. Die~zman of For%land, Oregon ided Ihal no bond or undertakin$ or contracl of suretyship executed und~ this lulhority shall exceed in amounl Ihe sum ot Five Million ($5,000,000.) D~ll&rl. This Power Of At!orney is ..ranted and i: tithed and sealed by facsi,-n, ile under a,'~ by' ih~ ,~utho,'ily ot'ihe i(?ligwin$ ResoJution ldopled by '~oard o1' IDire¢lors of ~he Comp,~ny on the ltl day o( November, 1977; ~ny, ~, i~ Ih~l fKh ~ lny O( I~m ~, Ivlh~,~ IO ¢l~ul~ POw~ O( A.O.n~v qu~h~ ~ ~"~y ~m~ In the ~)ven P~ ~t~l Ig ~ny ~4, u~f~lk,nI ~ C~lr~ 01 turff~h,~ Ig wh,~h II I% ~4Ch~" '.n Witnest Whereof, THE CONTI~[NTAL INSU~NC[ COMPANY has c~used i15 officiaJ seal 1o ~ hereunto affixed, and ~hese -~ms lo be ilsned by one o~ itt Vice Pres,d~nts and alleited by one of its Also,am Vice Prelidenti this lit day ol May, 1985, THE CONTIN[NTAL INSU~NC[ COMPANY By :E OF NEW YORK JNTY OF NEW YORK )n th;~ 1st day of May, 1985, ,~fore me per~,o~a!!y Came M~chae~ J ~ern~e~, ~o me known, who bein~ ~y me duly tworn, d~d depose CERTIFICAT[ lhe undersigned, an AsS,~lanl Vice Pres,dent Of TH[ CONTIN[NTA[ iNS~ ;~CE COMPANY, ~ New Hampshire cotporaHon, BY C[RTIFY thai lbo ~o?ego,n8 and au.~ched Power of AllO?ney remains m lull fOrCe and has noI been revoked; and fu~he~more Ihal Jhon Of lhe Board ot D,reclori, ~el fo~h m Ihe ~a,d Power or A~arney. ~s no. m Force, Smgned and sealed at the City of New York, mn the Sta~e of h'ew York, ~'~ l~ -. day Of~~ ,,,% ". '~'2 '~0 4315~ ~.. ;, ~tial:,?in~n~i&l;"",Equipment and · , -.,.~ i:..,. Experi,ence Questionnaire',;,. :tzn Const~,~ctiOn Co'. ' "' ':~.,,;,, i~.JoinL'Yenture' ~ ";. .Joint ,Venture ~ · .,:,'....",: .... .: ..... ~, ,~ -~,,,~/,., tt. (,. ,~ , . ,,,. ...... . , ,, : ' · · . ;,.. "; ' (s~*t) ' (P, O. BOX) u: ' .P'Or. aland ,"' State OR · , .:;~.?. . ,' ..- :;(~p,, ''.' .... : ,':,: "...:',,,,,'<<~,, .-., ¢. ,.. ,<:.: ,~'v.. , , , i,,, I~'~:., .;,f,'..." ". I . '" ..... ""'II'~ ' .......... "'"' ' ' " ' "~?:" ,, Date, Ap~li~tion i rel~are~-Z ..... -: .................. . , .< ,~,, ,.' .., ,.., .. . ."- ' M' ..... ..-,.,,... , · [ .... ..... '; , ,i', / ,~,:, , ,¥.,;,; , = .... .., ::.' ...... .,,.'. ,,'.. t),~Address, to: serve c~t~ ot Poa~and , ., . ~> ,,~ ~. ,. :,~,~.. ,~4. . ,. .. ~ . ~ · ~.,:. ... ,.>..,~,.~, .I Il ..%-.,',.¢ ~,~. . "'"' .':"' ': · ,' 'fa No. ' ' : .... .:' '., :,., .~,,¢;I [I.t~.~,,,;,. · ' '~" ' ~ " " '" ' ' ' ' ," ~.~,.<~¢~.; ,:,.... .. ,., , :. . .... ' ' ""?: .<~'i fq ~ '~i!:,~,.'~'; ..... ' ..- [~;,,,,,'. :.:;v¢~ ~,'Yi }~,tg,.',!iCJ:s~.:.¢;4,:...,,,,.,,,. ,... ....... ' ,', ...';' ' .,' . '... .' ~:¢,.¢ :':.':;)'.;?~ :",.-,:'.'.'...,:f,:.;,.~'Bia(.¢/Sig'~Rin~ Date '" '"'" ' . . .",= ';'~. ,.' ~''. · ,:""'" '''> .... f',,i, ~',/I.'~Wz~, ~' '."?;, ,,,..,~,~ ,¥,,. > . '. , . . ~]~..,':.. - . JJ~,.);~,,,:.,' . · :;,.. ...... . '.'"i'~,, .., .... , ' ,, ., :,,.... ,:,. ,,.....,, ¢,.. ,. . .. . .. ¢¢~r¢,,...:,,?~,. .., ,.,, ?...<..,.,~..//.,,f~¢~'~!.... ,. ., .. . . :. . · ; . ~~. ,,,.. ..,:., . . ~;;' BIDDER'S EQUIPMENT QUESTIONNAIRE Equipment: LiSt only major items. Lump together small equipment and tools. Age Quantity, Description and Capacity of Items ~ In Years Condition ] W~n~r ~Jr]~-~ ~flflfl P.~T 0 4 , Good 1 Super B Airless 1500 PSI 0 3 Good 1 Greco Airless 1000 PSI -- " 0 5 ~ood 1 power Guard G~n~rator 220 0 3 Good 1 Craf~ans Compressor 4HP 0 4 Good 1 Helfrich Compressor 2HP 0 4 Good 1 Landa Power Washer 0 3 , Good 1 Master V-6-60 Propane Heater 0 5 Fair 1 ~ Ton Pick-up Chev 1979 0 8 Fair 1% ~n ~ge V~ 1975 Ob~in in 1987 0 13 ~ 1 ~ PD4-3000 Press~e Washer 0 1 , ~cellen 1 H~ ~240 ~rless 0 I ~cell~ 1 ~nn g~ ng Ai rl ~s. 0 1 Eycelle - .. 2 6 S~cker Blast Pots.. 0 1 . Excelle *Indi~te.whethe~ equipment is (L) ~d or (0) ~ned BIDDER'S EXPERIENCE QUESTIONNAIRE What is the construction experience of the princlp4~l tndlvtdtmls of your organization? Individual's Name Present Position Years of Magnitude and In What or Office Const. Exp. Type of Work Capacity Roger Martin Owner 20 SupervzsZon All areas ~ BIDDER'S EXPERIENCE QUESTIONNAIRE--Continued List m~jor projects your organlze~tlon has complete~l in la.~t flvo years: (Ltst ]viost Recent Projects First) Name and Address Class of Contract When * of Owner Work Amount Completed Bureau of Water Tank ! 1120 ~; 5th Painting 50,652 1988 P Mul~ County Oregon Construct 2 2505 SE i1-~% Garage 37,058 1988 P 3 Walsh Construction Co Drywall App & _q0]q .~ ~e Ave Finish 16 Units 25,565. 1988 GSA Portland Field Office Room Improvements 13,000 1988 P 4 1220 S~ Third Ave Pen-Nor, Inc VA Hospital .17,444 1987 S ~ ~r~)._Box 11129 Port 97211 ~ Gelco Grouting Service Tank Painting :19,302 1987 S 6 1705 Salem Dr. NE Willamette Painting Painting 13,000 1987 S 7 9945 SE Oak City of Portland 8 School District No. 1 Paintinq 12:~00 198.7 P 9 Corvallis Oregon Remodel 2..4,995 1987 P ~ureau of Water Tank Rehab ~0 1220 SW 5th pain.ting 130,000 1988 Ward-Henshaw General Cont Special Coatings DBM General Contractors~ Railbeam Coatings 12,500 1988 S 12 oregon Bridge Paint 3,600 1988 S 13 DBM General Contractors Misc Steel 14 ]$ ALSO SEE ATTACHED 16 ~7 20 2! ~lndic~[¢ whether: (P) Prim..Con[r~c~or, (3V) 3oin~Vcn~ur¢,or (SUB)$ubcon[r~c[or BIDDER'S EXPERIENCE QUESTIONNAIRE~ Continued List architects or engineering firms Involved In tho projects your orgnnlzatlon ha`s completed in the la.st five years: (Use same line No. as in Item 3) Name, Address and Phone No. of Firm Particular Project Involved Location of Work City of Portland ! 796-7486 Burlingame Tank Paint Portland MuLlt~ County Oregon 2 248-3322 Oxbow Park Facilities Gar Oxbow Park Walsh Construction Co Sehns Apts II Portland 3 222-4375 GSA Portland Field Office Roc~ 385 4 221-2107 llth floor Portland Pen-Nor Vancouver VA Hospital Vancouver, WA 5 286-2231 Celco Painting Tank Rehab Phase II Portland 6 364-1198 Willamette Painting 7 252-1812 Alemeda School Portland School District No. 1 8 ............................ ~,~xfls~c~k Scho~. ! .................. _Po__r tlar~d EPA 9 757-4680 City of Portland Concrete Tank Rehab 10 796-7486 Phase III B Port]~n~: Oregon 'Hard-Henshaw- Construction EstacadaWa~te $$ater Estacada, Oregon 11 5~.~630-440~ Treatment~ lant~ . :_ · D'~i~ Gerei~ral Contractors Crane nailbeam Rehab - 12 206_927_85]0. __ Port of Portland portland~ Oregon DBM General Contractors Oregon Bridge Repairs Portland, Oregon 13 14 17 19 2O 21 22 BIDDERS QUESTIONNAIRE EXPERIENCE PEN-NOR, INC VA Hospital 17,444 1987 Complete P.O. Box 11129 Bath Remodel Portland, OR 97211 James Cason 286-2231 Gelco Grouting Service Concrete Rehab 19,302 1987 Complete 1705 Salem Dr. NE City of Port Bond Salem, OR 97303 Exterior Paint Gary Korte 364-1198 Sandblasting Burlingame Tank 46,298 ].987 Act!v~ Bureau of Water City of Portland Exterior & Interior Bond 1120 SW 5th Ave Painting Portland, OR 97204 Sandblasting Bill Elliot 796-7486 Willamette Painting Alemeda School 13,000 1987 Complete PO Box 66074 Exterior Paint Portland, OR 97266 Arnie 252-1812 Portland Coatings Woodstock School 278 N Hancock Exterior Paint 13,600 1987 Complete Portland, OR 97227 Bond Mike Nyland 248-4100 Eniviormental Protection WFTS Lab 24,995 1987 Complete 1350 SE Goodnight Modifications Corvallis, OR 97333 Remodel Bob Tripple 757-4680 US Department of E~g Cottage Grovo Ta~li 9,]56 1987 Complete P.O. Box 2946 ]{el~al~ Structure Portland, OR 97208 Paint & Sandblast Charlie Collier 937-2131 GSA Portland Field Office IRS Office remodel 24,000 1987 Complete 1220 SW Third Ave Portland, OR 97204 Charlie Clanton 221-2107 City of Portland Install windows 7,508 1987 Complete Purchasing Fire Bureau 1120 SW 5th Portland, OR ~7204 Fred Sanchez 769-6932 Multnomah County OR Clearing & Grubbing 8,200 1987 Complete 2505 SE llth Stark Street Portland, OR 97202 Anha Hazen 248-5111 Ail work above was complete by Martin Construction Co during the fiscal year 1987 Martin & Olson Co.,Inc Bidders Experience Air National Gaurd Painting V.arious 88,744 1986 Portland Air Base Buildings 37,000 1982 Portland International Floor Coatings 50,100 1984 Colonel Nelson 378-3983 24,395 1986 US Army Engineer Port Exterior Painting 24,900 1985 PO Box 2946 Troutdale Lab Portland, OR 97208 Applegate Dam Officel79,000 1978 Terri Hobbs 22].-6420 Bureau of Labor & Ind Remodel Computer Salem, OR Room 32,766 1985 City of Portland West Delta Park 26,500 1983 1120 SW 5th Terminal 5 44,650 1983 Portland, OR 97204 Paving & Exc Fred Sanehez 769-6932 Pnematic Const Inc Clark College 254,000 1985 9180 SE 74th Construction of Portland, OR 97227 Boiler Bldg. Jim Duvall 777-5548 Remodel BIDDER'S EXPERIENCE QUESTIONNAIRE~Continued Bid and performance surity bonds: State name or' applicant expects to provide bonds and name, address and telephone number or co111[)ally SD re ~'y OOflll)~.t Ily, KL&K ASSOCIATES INC PO BOX 06030'J Portland, OR 97216 I ~ATE'RIIA SUPPLIERS ~'lth whom Give name~ and addresses ol the BANKS, EQUIP3IE.N'T SUPPLIERS and L you have done the major vohime o! business in the l~st three yel~rs~' Name o'f Officers ~Vtth Whom Name of Bank or Company Address You Transacted Business US National Bank _ l~Q725..NE ,H_a..l~ey Miller Pa'~ht 317 SE Grand ~ - --~ 'KingS~'ey' LUmber 530 SE 81st " Portland Rent All 1010] .qE Stark Knez Building Mat 8185 SW Hunziker Rd ...... NW Coatings 74114 H~.~_] D~] ] A~r~ J .,,. !i i tl t ..... 4 BIDDER'S EXPERIENCE QUESTIONNAIRE-- Contique~. If a co-p~rtnershlp, answer this: If an Oregon corporation, answer thi.-: Date of org'anizaLion . ....: .............................. State wheLhet' partnt general, limited or association. When Incorporated . .1..9.8,9. ............................. :.,. If a foreign )ersons.engaging in business In this name, but not ~x~3~a,~'"'~'..~'~-~'~~,~<x~_..~,~ .......................... ,,i.i~ .. domiciled wi ~ether or not such part- President i' been registered as may ter 648, Oregon Revised 1st Vice President ................................... ~ Klmber ly Martin! Partners) Secretary ? . ............................ ~. Treasurer ................................................. 'What officers are authorized to execute contract~ .... Ro~r · MaTtin ................ 1 If incorporated outside the State of Oregon, answer this: President .............................................. 1st Vice President ...................................... %,','hen Incorporated ...................................... In what state .......................................... Secretary .............................................. Are you authorized to transact What officers are authorized to business in the State of Oregon? ..................... Give date of Oregon license ............................. execute contracts .................................... Give name and address of registered office and registered ........................................................... agent maintained under provisions of ORS 57.690. 2 A, How many years has your organization been in business as a prime contrac',tor under your present business name? We Have Been Prime Contractors Sir~e 1978 as of, January 2: 3q~q Tn~rpore B. How many years experience in cormtruction work has your organization had: (a) As a prime contractor? ............................. (b)-A~ a sub-co~nt, r&etol [ ......... ! ...................... 11 Years Il; , i ' I , .... C. Has your organization ever failed to complete any wb awarded? ...~ : {~ i ' If SO, where and why? ......................... ../:72 ...... ...:: ....... . ...... !...[ ...................... 6 CiTY OF SANDY, OREGON This request fo~ proposals (RFP) is offered to solicit quotes for a new telephone systems for the City of Sandy Library and Police Building. Any questions should be directed to: Sue Newlands (503) 668-5533 Quotes should be sent to: City of Sandy c/o Sue Newlands P.O. Box 578 Sandy, Oregon 9?055 ALL QUOTES MUST BE RECEIVED NO LATER THAN 2:00 P.M., JUNE 2, 1989. All quotes will be analyzed in a fair and objective manner. To be considered responsive~ all participants must submit a complete proposal that satisfies all of the requirements in the RFP. To facilitate evaluation, the proposal must conform to the outline and content as specified. CLARIFICATION: Any clarifications to the specifications must be detailed in written correspondence to Sue Newlands~ and received three (3) days or more prior to the opening date. PRE-SUBMISSION CONFERENCE: A pre-submission conference will be held for all vendors at 10:00 a.m. on May 30, 1989. The conference location is in the Council Chambers of the City Hall, 39250 Pioneer Blvd., Sandy, Oregon. TIME RESPONSE VALID: All vendors shall specify the number of days that all of the provisions of their proposal will remain in effect. At a minimum, all of the provisions of the proposal will remain in effect for thirty (30) days. PAGE EVALUATION CRI]ERtA: The successful proposal will be a combination of price~ technology, vendor reputation, ease of operation, and support relative to training, maintenance and future needs. PROPRIETARY INFORMATION: All proprietary information should be so marked and sealed in a separate envelope and should be enclosed in the vendors sealed quote. CLARIFICATION OF RESPONSE: The City of Sandy reserves the right to obtain clarification of any point in firm's quote or to obtain additional information necessary to properly evaluate a particular quote. Failure of m vendor to respond to such a request for additional information or clarifications could result in rejection of that firm's response or responses. MULTIPLE RESPONSES: More than one response may be submitted by each vendor. However, if more than one response is submitted, each must be complete in every respect and marked as Primary Response, Alternate Response 1, Alternate Response ~, etc. on the cover of each copy. TAXES: All vendors sh~]l include prices in their response and shall assume and pay ~ll state, federal and municipal taxes and contribution which are payable by virtue of the furnishing and delivery of the item(s) specified herein. EXCEPTIONS: Exceptions or variations to the quote shall be noted by the vendor. Any modifications to the system design or specifications that the vendor feels will benefit either the response or the City of Sandy shall be specified in the response. PAGE 3 INSTALLA]ION INTERVAL: The quote shall include installation interval from the time of notification of the successful response. QUOTE SUBMITTAL: All quotes must be submitted, with three copies. Any voluminous reference material, supplemental to the proposal, may be submitted in single copy. CONDITIONS: Definitions - The City Of Sandy , Oregon, hereinafter is referred to as the City. The installing vendor hereinafter is referred to as vendor. The Work - The work to be provided shall include the furnishing of all labor, material, equipment and services necessary, or reasonably incidental to, the installation of one complete and operating telecommunications system. Wiring - Successful vendor will provide approximately 50~ of 25 pair tie cable from existing phone equipment to new terminal box which will be located in Police Department hallway. Splices - No wire on wire splices will be acceptable. Splices wiii be made at either boxes or plug-in connection. Safety - Equipment shall be firmly held in place according to recognized safety standards and practices. Physical Requirements - The response to the quote shall include equipment space requirements, environmental, electrical, cable and weight loading requirements. PAGE 4 Training- Alt peT'so~-~nel directly connected with the op~cati()~-~ of the system as specified in the quote shall be thoroughly inst~ucted in the use of the system by qualified personnel of the successful vendor. City Designate- The City shall designate an individual to supervise the system installation. The vendor shall following contrdct execution, not accept any instruction from any other. Change Order~ Drawing and Specifications - The City shall i)~ve the right to request changes in system configuration and shall furnish mny required additional instructions, by means of change orders~ necessary for the execution of the work. No changes shall be made~ except upon the written o¥-der from the City designate. Minor software configuration changes (such as extension numbering, or class of service changes) must be provided at no charge for the first ninety d~vs after installation. Charges for changes will be made in accordance w~th the "add or delete" list called for in the Response Form~ or in the event that changes are not specifically listed, charges will be agreed by the City and the vendor. ~ermits, Licenses, Ordinances, and ~egulations - Any and all fees that pertain to the telephone system and the work of the vendor required by State~ County or City laws will be paid by the vendor. All other applicable permits or fees required by iaw~ ordinances~ tariffs and regulations shall ~lso be paid by the vendor. The vendor must give all notices necessary in connection therewith. All work of the vendor shall comply with local and other governing ordinances~ codes and regulations, including all OSHA regulations and requirements~ but this requirement does not relieve the Contractor of the responsibility for complying with specifications if the requirements exceed those of governing codes~ or regulations. No claims for additional payment wiii be approved for changes required to comply with codes~ ordinances~ tariffs~ and regulations in effect on the date of installation since it is the vendor's responsibility to familiarize himself with such requirements before submitting his proposal. PAGE 5 Indemnification - [he vendor shall indemnify, keep and save harmless the City, its agents, officials, and employees, against all suits or claims that may be based on any injury to persons or prope~ty that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the vendor (from the start of installation until final system acceptance) and for all harm ~used in whole o~- in part by any negligent act or omission of the ~ontractor, subcontractors, or anyone employed directly ~r indireotly by them. The City shall indemnify the vendor from the negligent acts of the City, its agents, official and employees. The vendor shall, at his own expense, pay all charges for attorneys and all costs and other expenses arising or incurred in connection therewith; and if any judgement shall be rendered against the City in any such action, the vendor shall at his own expense satisfy and discharge the same. Prime Contract ~esponsibility - If the proposal includes equipment or soft,are marketed or maintained by others, the vendor will act as prime ~ontractor for the procurement and maintenance of ali such equipment installed. The vendor shall be the sole point of contact with regard to ~ontractual stipulations, including payment of any and all equipment installed. In addition, the successful vendor will be responsible for meeting all other requirements of this request. The response must clearly indicate the equipment of software which is not marketed by his company. Subcontractors - The name and addresses of ali proposed subcontractors shall be furnished in writing, and the selection of subcontractors must be acceptable to the City; and if in the City's judgement they fail to perform the work in strict accordance with the specifications, the vendor, after due notice from the City, shall discharge the same, but shall in no way release the vendor from his obligations and responsibility under contract. Every subcontractor shall be bound by the terms and provisions of the contract documents as far as applicable to his work. Nothing contained herein shall create any contractual relations between the subcontractor and the City. System Acceptance - Prior to final acceptance, the successful vendor sh~ll perform complete system tests, under the supervision of the City designate. The vendor shall furnish all necessary test equipment and perform all work required to determine or modify the performance of the systems to meet the specified functions. PAGE 6 Yhe work sh~lt include, but not be limited to the following: ]'ests of all functions and features of ali stations to insure proper operation and class of service assignment. Tests of all switching and call processing functions. Tests of all special and optional equipment. Tests of all attendants console functions. Properly mark all station numbers. Insure that all trunking equipment is properly balanced with local telephone trunks. Provide the City designate with complete instructions in the proper operation of the system(s), by qualified representatives of the vendor. Maintenance Response - Maintenance must be provided on a 24 hour a day, ? days a week basis within a maximum emergency response time of ~ hours. Emergency conditions are defined as: 1) Any attendant console is incapable of answering and passing calls. 30% or more of the system~ either lines or stations are inoperable. Non-emergency response time shall be within 24 hours of the service request. Vendor shall provide the City with a copy of its standard warranty agreement including parts, labor, conditions and term. Demand ~r Lien Assignment - The vendor warrants that all equipment to be installed hereunder is, and shall be, free of' any claim~ demand or lien asserted by any third party claiming through the vendor. The vendor shall grant no security fnterest in said equipment to any third party. Condition of Equipment - The switching equipment, consoles, telephone instruments and all ancillary and support equipment must be new. No used equipment will be accepted. PAGE NOTICE OF RIGHT TO A LIEN. BM-lO (UNDER ORS 87.021 AND ORS 87.025) WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE r~ 7 FOR THE SAME SERVICE. L~ TO: ~[.Owner [] Lender [] Contract [] Lessee DateofMailing:OS!Or;ll§~ .... Job OW~S A~: Member ~ ~ This is to inform you that: ~ ~'OLC OT T PL. HM~I N~ .......... , ~,, e, ~ has begun to provide:~ (d~cription of materials, ~uipment, labor or sewic~) TO: ~ Owner ~ Lend~ ~ Contract ~ Levee ordered by: M~TN Address: for improvements to prope~y you own (as owner, r~uted owner, contract buyer, le~, contract ~11~, I~or or othe~ise or in which you have a s~urity interest ~ a I~der or othe~ise). The prope~y is located at~ ~. ~ ' -- ,StateofOr~on Lot "' ~' ~ Blockb Add TO: ~ Owner ~ Lender ~ Contract D L~s~ T~Lot: t5~0 Addr~s: Section 3 3C~ Township ~ Range~ of the W.M. DJ;ED 7 7-. ~ ~ ;3 "'3 as Describe. LENDER/SECURI~ INTEREST RECORDING INFORMATION: NOTICE TO OWNER(S), REPUTED OWNER(S), CONTRACT BUYER(S), LESSEE(S), LENDER(S), LESSOR(S), CONTRACT SELLER(S), OTHER O~WNER(S) AND/OR OTHER SECURITY INTEREST HOLDER(S) OF LABOR, MATERIALS, EQUIPMENT OR SERVICES PROVIDED. A lien may be claimed for all materials, equipment, labor and services furnished after a date that is eight days, not including Saturdays, Sundays and other holidays, as defined in ORS 187.010, before this notice was mailed to you. Even if you or your mortgage lender have made full payment to the contractor who ordered these materials or services, your property may still be subject to a lien, unless the supplier providing this notice is paid. THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the State of Oregon. The following explanatory paragraph is not required by ORS 87.023 and is included by BMDA: This notice is part of transacting business in the construction industry, and is to inform you that if the person or firm who supplied labor, materials, equipment or services, for some reason or another does not receive payment, they would then have the right to file a lien on your property for labor, materials, equipment or services they provided and which remain unpaid. This notice is not a direct reflection upon the integrity or credit standing of yourself, your lender, or your contractor. No further notice to you of this or any subsequent delivery may be necessary. Further, not all persons or entities entitled to a construction lien are required to give this notice. There are some exceptions. This notice provides GENERAL INFORMATION ONLY. It should not be viewed as a substitute for legal advice. This notice is sent to you by: BUILDING MATERIAL DEALERS ASSOCIATION (BMDA), Agent; 527 E. Burnside St., Portland, OR 97214-1182- (503) 232-2631 IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, FEEL FREE TO CALL US. © t989 by BMDA IMPORTANT INFORMATION ON REVERSE SIDE CeiV D AUG C UR A THE CITY OF SANDY INTERIOR SYSTEMS, INC. 1855 Anunsen St. NE. Salem, Oregon 97303 (503)364-7323 EXHIBIT "B" CONDITIONAL RELEASE FROM: Accura Interior Systems, Inc. 1855 Anunsen St. NE Salem, OR 97303 TO: City of Sandy PO Box 578 Sandy, OR 97055 Sandy Public Library - Hardwood Library Fixtures The undersigned does hereby re[ease all mechanic's lien, stop notice, equitable lien and labor and material bond rights against the above described project for all materials, supplies, labor services etc., purchased, acquired or furnished by or for us and used on above project to and including (Date) 08/18/89 . This release is for the benefit of, and may be relied upon by, the owner, the prime contractor, the construction lender, and the principal and surety on any labor and material bond. This release is CONDITIONAL, and shall be effective only upon payment to the undersigned the su.m of $ 2,~20.00 - FI ~M: Acc~ra Interio~'Systems, Inc. BYI t~,~_~' ~[._~ ..... ~-~' Mike McDonnell, President (S{gnature ~f Owner or Authorized Agent) DATE: 18 August 1989 Casework · Architectural Millwork · Fixtures NOTICE OF THE RIGHT TO A LIEN WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE. Date of mailing: -:.~.it~: ~)f .~.,~ney~ 3'~?f~,O :'~.o~er, 2.9. ~,o~: t.~G, Snnc~,, Or. 47055 ............... To: . .~. ~ 0 :~ ~1~. ~nd,,~ O~ 97055 _ ,~, ?:node 4 qre~ ~aintin~ Co,. I~c ............ This is to inform you ................................................................................ * ................. ¥~ ......... ~,- ...................... I.~hor ~, m~ter~.,~], to finish cabinets es per ~.O. ~,: 1.~ and ~and has,~un ~ prq~ide .................................... ~ ~'~ ',rat,ztp ~ s 'B-fi~'~I'f6~T--+~-/-,[6alig';C"?H~'a'9'[a~' ~-~-~-;"'-~'6:;';'"'g-ll-~ff;-"~'--;--- for S ~n(lv ....... ~d~-] ].'e-"[;~b'gTg-4;';-'-~'.x'~!';F~'--g'9-;'-'-~tq;'~. . . , ............................................................................................................................. (description of materials, equipment, labor or services) ordered by _.='.~Gg]J,~ ~ !2.te_~i_a~.. for improvements to property you own. The property is located at: 3gq~O Y'ionee~, S~,nay, Or. 9 7055 A lien may be claimed for all materials, equipment, labor and services furnished after a date that is 8 days, not including Saturdays, Sundays and other holidays, as defined in ORS 187.010 before this notice was mailed to you. Even if you or your mortgage lender have made iull payment to the contractor who ordered these materials or services, your property may still be subject to a lien unless the supplier providing this notice is paid. THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the State of Oregon. This notice has been sent to you by: Name: .... ...... ........................................ Address: _~ .*. '~_'._. !!.-~-'-'~ ..... .7_?_~f_~.,..._:'_3.? 1..?:?.,__. !:!.r_ .t .... .':!. .7. ~.~.3. ........................................................................ Phone: ~_?:.-._0._97_~ ......... IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, FEEL FREE TO CALL US. IMPORTANT INFORMATION FOR YOUR PROTECTION Under Oregon's laws, those who work on your proper~y or provide labor, equipment, services or materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors, material suppliers, rental equipment suppliers, service providers or laborers or neglects to make other legally required payments, the people who are owed money car~ look to your property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. The law states that all people hired by a contractor to provide you with materials, equipment, labor or services must give you a notice of right to a lien to let you know what they have provided. WAYS TO PROTECT YOURSELF ARE: · RECOGNIZE that this notice of right to a lien may result in a lien against your property unless all those sup- plying a notice o£ right to a lien have been paid. · LEARN more about the lien laws and the meaning ot this notice by contacting the Builders Board, an attorney or the firm sending this notice. · ASK for a statement o£ the labor, equipment, services or materials provided to your property trom each party that sends you a notice o£ right to a lien. · WHEN PAYING your contractor for materials, equipment, labor or services, you may make checks payable JOINTLY to the contractor and the firm furnishing materials, equipment, labor or services for which you have received a notice oi right to a lien. · OR use one of the methods suggested by the "In£ormation Notice to Owners." It you have not received such a notice, contact the Builders Board. · GET EVIDENCE that all firms from whom you have received a notice of right to a llen have been paid or have WAIVED the right to claim a lien against your property. · CONSULT an attorney, a professional escrow company or your mortgage lender. FORM No. 1159 Stevens-Ness Law Pub. Co. Portland, OR 97204 OTBE Knodeand Gregg " ~ ~ City of Sandy P.O. Bo~ 116 Sandy, ~. 97055 ARCHITECTURE1 BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 August 21, lgSg Project: City of Sandy LII~Y/~IC[ I~[LOCATION Mr. Rich Silkett Martin Construction Company 1404 N.E. lllth RECEIVED Portland, Oregon 97220 /qLIG g~ ).98~j Dear Mr. Silkett: TI'IECI~o£$/iiVD~ As noted in our August 18, 1989 letter to you, we would review the subject project on August 18, lg89 for preparation of a FIliAL PUIICll LIST for attachment to the Certificate of Substantial Completion. Although the Certificate of Substantial Completion notes that the 'Contractor" is to prepare the 'List of items to be completed or corrected" "for verification by the Architect', to expedite the process we have prepared the list which is noted as ATTACHMENT 'A" FINAL PUNCH LIST. Also attached are extra copies of our August 14, lgSg letter that noted the PROJECT CLOSEOUT submissions that must be made prior to the release of Final Payment on this project. Enclosed are three (3) copies of the CERTIFICATE OF SUBSTANTIAL COMPLETION for the sub- ject project dated August 18, 1989 [Issued August 21, lg89]. We have signed and dated the appropriate space as to 'Architect'. Please arrange for the 'Legal' Martin Con- struction Co. signature on ALL THREE copies of the Certificates as soon as possible and deliver them to the City of Sandy for their appropriate signing to complete the process. The filing of the completed "Certificate of Substantial Completion' is necessary for the final "Release" of funds on the project, so the faster the submission is made the faster the final payment request can be processed for payment on this project. As noted in the August 18, 1989 letter to you, the 'Certificate" submission must be accompanied by the "written Consent of Surety Company" so prior to submission to the City of Sandy, please attach copies of that 'Consent' to all three (3) copies. When completed, the original Certificate will be retained by the City, one (1) completed copy will be returned to Martin Construction Co. and one (1) completed copy will be returned to our office for our project files. Sincerely, Bruce A. Samuelson, A.I.A. BAS: kp cc: Mr. Clay Moorhead w/Checkprint enclosed Enclosure CERTIFICATE OF Distributionto: OWNER [] SUBSTANTIAL ARCHITECT [] CONTRACTOR [] COMPLETION FIELD [] OTHER [] AIA DOCUMENT G704 PROJECT: LIBRARY/POLICE RELOCATION ARCHITECT: Bruce A. Samuelson (name, address) ARCHITECT'S PROJECT NUMBER: 8805 TO (Owner): CONTRACTOR: Martin Construction Co. F- I City of Sandy CONTRACT FOR: Renovation and Remodeling P.O. Box 116 Sandy Police/Library Building Sandy, Oregon 97055 U I CONTRACT DATE: March 22, 1989 DATE OF ISSUANCE: August 21, 1989 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: Library and Police spaces. The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as August 18, 1989 which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, m accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is attached hereto. The failure to include an,/' items on such list does not alter the responsibility of the Contractor to complete all Work' in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will Brucebe the date of final payment unless otherwise agreed ~~A. Samuel son A. I .A. to in, writing:....--'.</.~" . ~-~/- ~'~ ARCHITECT '~Y- ~ DATE The Contractor will complete or correct the Work on the mist of items attached hereto within fourteen (]4) days from the above Date of Substantial Completion. f.,~ Z_ ,~..~ Martin Construction Co. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 8:00 A.M. (P.D.T.) (time) on August 18, 1989 (date). City of' Sandy, Oregon OWNER BY L ~ DATE The responsibilities of the Owner and the Contractor for securi maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note--Owner's and Contractor's legal and msurance counsel should determine and review insurance requirements and coverage; Contractor sha// secure consent o/ surety; company, if any.) AIA DOCUMENT G704 · CERTIFICATE OF SUBSTANTIAL COMPLETION · APRIL 1978 EDITION · AmA® © 1978 ° THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NmW., WASHINGTON, D.C. 20006 G704--1978 ATTACI~ENT "A' ..... FINAL PUNCH LIST Certificate of Substantial Completion Project: City of Sandy LIBRARY/POLICE RELOCATION Review Date: August 18, 1989 A review of the subject project was made on August 18, lgS9 for completion of items noted on the July 24, lgsg Preliminary Punch List and subsequent reviews made on August 2, 1989 and August ll, 1989 and in our letter dated August ll, lg89. In addition to the submission of the Project Close Out data as noted in our letter dated August 14, lgSg the following work is to be completed or to receive attention within the fourteen {14) day time period as noted in the Certificate of Substantial Completion: LIBJ~,ARY SPACE: ENTRY (1) Provide "plugs"/"fillers" at holes in Entry doors where the original "push bars" were removed for the new Panic Bar hardware installation. Fill one (1) screw hole in north jamb of north door below Panic Bar. Provide two (2) Panic Bar "DOG" keys to allow operation of Panic Bar as deadlatch locking. CIRCULATION (2) Install security system Key Pad. Reinstall original Motion Sensor units on ceiling as required to cover access routes and entry points. Complete Security Intrusion Alarm work and provide Training Sessions. Install Book Drop cabinet & complete metal chute extension when cabinet installed. Install two {2) missing light fixture lense frames & lenses. Clean light fixture lenses. Replace ceiling tiles with observable stains, deflects/damage. Install cover plate at lighting gang switches. Fill-in/close-up gap between wallboard and top of Display Cabinet. LI BRARY/STAJCK (3) Install {9) missing light fixture frames & lenses. Complete Security Intrusion work by installing original Motion Sensor units on ceiling as required to cover access routes and entry points. Clean light fixture lenses. Install Access Panel door at south wall. Install "Emergency Light" fixtures at locations noted. Provide free-standing shelf "tie down" strap anchors. ~ ROOM (4) Light switches do not operate lights - revise power circuit as Office (5) lights must be "On" in order for the Work Room light switches to operate/control lights. Replace damaged ceiling tiles. OFFZCE (5) Install Access Panel ~ south wall. Replace damaged ceiling tiles. Clean light fixture lenses. S'I'ORAG[ (6) Provide 'typed" Electric Panel breaker schedules. Switch does not operate east room light fixture. Install cover plate at duplex outlet below Electric Panel. ~N'S LAV. (8) Urinal not installed at noted 1'-5' height - is installed at normal 2'-0' lip and not accessible for Handicap or small children - reinstall at 1'-5' height & replace wainscot paneling. HALL (9) Install missing mounting screws under drinking fountain to hold tight to wall. Install Security System Key Pad control. STOP. AG[ (10) Replace broken light fixture lense. Switch does not operate light fixture, install plate. MEETING/CONFERENCE ROOM (ll) Verify I.G. outlet/circuit properly wired. Not all light fixtures work on switches. Clean light fixture lenses. Install Emergency light fixture. Complete Security Intrusion Alarm work by installing original Motion Sensor units on ceiling as required to cover access routes and entry points. Gouges in face of door to Storage Room filled but if patch can not be 'blended in' to be less apparent, door will have to be replaced with new door. Provide continuous applied stop at jamb & head as detailed to cover up original screw holes in frame. Install missing screw at south end of threshold and replace center screw with one to grip floor and stay tight/in place. HALL (12) Install missing lense on ceiling light fixture. JUVENILE/CHILDREN (14) Install missing lense on one (1) ceiling light fixture. GENERAL Confirm that flex ducts are banded/attached to main ducts so as not to come loose. Remaining insulation from ceiling was not installed above tiles but taken from site in two (2) truck and two (2) trailer loads - return/replace and install insulation batts above ceiling for full original 6" depth {letter 8-11-89). Set/add Pins at HVAC Time Clock to operate on provided on/off schedule. POLICE SPACE: OFFZCE (21) Remove present sheet vinyl flooring, patch/fill/level floor slab and install new sheet vinyl flooring. SHOWF. r.R (:~) Reinstall shower door so that doors recess into tracks at jambs for full height of doors. HALL (41) Provide "typed" Electric Panel breaker schedule. Install missing Emergency Light fixtures.at various rooms. ARCHITECTURE BRUCE A. SAMUELSON A. IA. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 August 14, 1989 Project: City of Sandy LIBRARY/POLl(/RELOCATIOR .; Mr. Rich Stlkett Martin Construction Company 1404 N.E. 111th Portland, Oregon 97220 Dear Mr. Silkett: As the subject project is now near completion, we take this opportunity to note the following Project Closeout submissions to be made prior to approval of the final Application for Payment/release of Retainage. Our comments only pertain to the requirements in the Technical Specifications~ please refer to the General and Supplemental Specifications or requests from the City of Sandy for submissions or requirements necessary in those sections that were prepared by the City of Sandy. S&C-8 Cleaning-Up. SGC-9 Certificates of Xnspectton and Occupancy. SGC-14 SpectalGuarantees. · H-15 Replacement of Damaged Glass. (I pane ~ skylight) H-17 Substantial Completion. H-21 Mechanlcal and Electrical Record Drawings_. ~11-2 Demolition Work. (locate existing pipes) liF-8 Steel Tie Down Straps. (provide and Install) 8G-ID Guarantee. 9C-3 Maintenance Material. (provide quantity noted) gK-2l) ~' Cleaning and Finishing. 1SA-9 Guarantee. 1SA-13 Operation and Maintenance Manual. ISA-I$ Record Drawings. 15C-7 Air Balance. 16A-3 Record Information. 1GA-4C Yarranty. 16A-21H Training Sessions. (Alarm system) Sincerely, Bruce A. Samuelson, A.I.A. BAS:kp cc: Iqr. Clay Moorhead CERTIFICATE OF Distributionto: OWNER [] SUBSTANTIAL ARCHITECT [] CONTRACTOR [] COMPLETION F ELD [] OTHER [] AIA DOCUMENT G704 PROJECT: LIBRARY/POLICE REL0~TION ARCHITECT: Bruce A. Samuelson (name, address) ARCHITECT'S PROJECT NUMBER: 8805 TO (Owner): CONTRACTOR: I~rtin Construction Co. r- i City of Sandy CONTRACT FOR: Renovation and Remodeling P.O. Box 116 Sandy Police/Library Building Sandy, Oregon 97055 L ICONTRACT DATE: March 22, 1989 DATF OF ISSUANCE: August 21, 1989 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: Library and Police spaces. The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as August 18, 1989 which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with .the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work' in accordance with the Contract Documents. The date of comm/g~e~nent of war~/.~)~ties for items on the attached list will be the date of final payment unless otherwise agreed to in _w~~_/~/.~~ Bruce A. Samuelson A.I.A. ~ ~BY- / ~ DATE The Contractor will complete or correct the Work on the list of items attached hereto within fourteen (14) days fromtheaboveDateofSubstantialCompletion. ~_~ ~~ Martin Construction Co. ~_ ~/'-~5 CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and wile assume full possession thereof at 8:00 A.M. (P.D.T.) (time) on August 18, lg8g (date). City of Sandy, Oregon .~fC,.~.../~/.-~Z;~ .~~ c~..~. ~.)9 OWNER BY ~ DATE The responsibilities of the Owner and the Contractor for sec~t[i~y, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: ~Note--©wnerL, and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage; Contractor _~halJ secure consen! of ~ureh' company, if any.) AIA DOCUMENT G704 * CERIIFICATE OF SUBSTANTIAL COMPLETION ' APRIL 1978 EDITION ' AIA® ~-: 1978 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 (]704 ~ 1~178 APPLICATION AND CERTIFICATE FOR PAYMENT ~uA OOCUMENT C702 P^CE ONE OE 2 TO (Owner): C.i. ty of' Sandy PROJECT: LTBRARY/POLTCE APPLICATION NO: ~'~-, Distribution to: P.O. Box 116 RELOCATION i [] OWNER Sandy, Oregon 97055 j PERIOD FROM: [] ARCHITECT To: [] CONT CrOR ARCHITECT'S [] ATTENTION: CONTRACT FOR: Remode.1..tng of' Bu.tld.tng @ 38?88 Proctor B].v'd. PROJECTNO: 8805 Sandy, Oregon CONTRACT DATE: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. CHANGE ORDER SUMMARY The present status of the account for this Contract is as follows: Change Orders approved ADDITIONS DEDUCTIONS ORIGINAL CONTRACT SUM ....................... $x133:91/~.00 _ in previous months by Owner TOTAL Net change by Change Orders ..................... $ Approved this Month ~ -: CONTRACT SUM TO DATE ........................ $ Number Date Approved L~ Z ~ ~ i~ ~ TOTAL COMPLETED & STORED TO DATE ........... $ ' '-~--'~-~ ~'~' '~ .... " (Column G on G703) q: O or total in Column I on G703 J/1a Z/.7~"'. /7 TOTALS (~ ~ ~: ~C TOTAL EARNED LESS RETAINAGE .................. $ ~='='~ INet change by Change Orders The undersigned Contractor certifies that to the best oi h~s knowledge, ~~ ~ LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... $ '-/ inlormation and belief the Work covered by this Apphcation for Payment has been completed in accordance with the Contract Docu-l_j''~ -i~'']J~i .~_~_~,O~_e/,~'~' ments, that all amounts have been paid by him for Work for which ~previous Certilicates for Payment were issued and payments received CURRENT PAYMENT DUE-. ........................ $ from the Owner, and that current payment shown herein ~s now due, CONTRACTOR: Mart.tn Constr.L~Ct.i-on Co. State of: (.~1,-~.~ t,/0 County of: rl~.~. Subscribed and ~y..o~ to b.,~. re m~ this day of /.... ARCHITECT'S CERTIFICATE FOR PAYMENT A OUNT CERTIFIED ............................. $ (Attach explanation ii amount certified differs/rom the amount applied for.) In accordance with Ihe Contract Documenls, based on on-site obser- ARCHITECT: Bruce A. Samuel. son A.I A. vat,ohs and the data comprising the above applicat,on, the Architect ~ /...//~'~ <// ' certifies to the Owner that the Work has progressed to the point indicated; that to the best ot his knowledge, iniormatmn and belief, By:/~~ ....... Date: the quality of the Work is in accordance with the Contract Docu- ments; and that the Contractor is entitled to payment of the AMOUNI This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any CERTIFIED. rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 · APPLICATIOI--..",ND CERTIFICATI: fOR PAYMENT' APRIL 1978 EDITION * AIA® * © 1978 THE AMERICAN INSTITUTE Of ARCHIfECiS, 1735 NEW Y()RK AVENUE, N.W., WASHINGTON, D.C. 20006 G702--1978 CONTINUATION SHEET AIA DOCUM£NT G703 PAt;.[ 2 OF ;2 P^G~S AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: Contractor's signed Certification is attaehed. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: Use Column I on Contracts where variable retainage for line items may apply. TO: ARCHITECT'S PROJECT NO: 8[305 H WORK COMPLETED ...... ITEM DESCRIPTION OF WORK SCHEDULED ¥OTAL COMPLETED BALANCE RETAINAGE This Application AND STORED % TO I,INISH No. VALUE Previous Stored Materials TOfD+E+DATEF) IGc-C) (C-Gl · *,pl)lications Wo. k in Place . (not in O or AIA DOCUMENT G703 o CONTINUATION SHI~ET · APRIL 1978 EDITION · AIA® © 1978 THE AMERICAN INSTITUIE OF ARCHtTEC'[S, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G703 -- 1978 ~ROJEC? NO.: !25 ~PP~tCAT:ON AND SERT!F]C~T£ FOR P~YNENT ~ a D~T[: 06/30/89 ..... , .......................... ~ ............. f ........... + ........... + ........... + ................. + ............ + ........... : WORK COMPLETED iT:M: :~:SCRIP:!ON OF WORK SCH:DU~D + ........... + ........................ + TOTAL B~L~MCE No. V~LUE I 7h:~ lppiicat:on : COMPL:?:D ?0 FINISH Prev:ous + ........... + ........... ~ ~ND STOR£D % (C-G) Ap~l:ca:. I Work ; Stored TO DATE .................................. + ............. ~ ............. ~ ............ + ...................... + .... + ........... ~ ........... .,.~ 6895.00: 6695.001 O.O0: O.O0 6695.00: lO0, 0.001 689.50; ' ::RN!TS I~62.00; li62.001 0.001 0.00 ll6Z,O0; 109 0.00; ~ SUPERViSiON 7500.00: 6350.00; 600.00; 0.00 6750.001 90 750,001 675.001 5 CON(RITE :785.00: 0.00; !765.001 0.00 17§5.001 lO0 0.00; ~' MIS( iRON 4a,.uO, 0.00: 449.001 O.O0 449.001 iD0 0.001 44,90: ' ' 2057.501 ~ SUBCONTRACT 44301.00: 3§326.82; 3544.08t 0.00 39870.901 901 4430.101 3987.09: ~"J DO0~S & WINDOW5 6027.001 0,001 6027,001 0.00 6027.001 )00) 0.00; ~' SLASS & ~L~21N6 1294.001 0.003 i164.601 0.00 I!64.601 90: )29.40) !;' ENTRANCES & STOR~SE~ONT; 350,001 0 00) 350.001 0.00 350.001 !001 0.001 ~!: H~RDWARE & SPECJALT)£S ' 2326.00; 0.001 2326.00; O.O01 2326.00l )00) O.O0) )4: P~ASTIC LAMINATE 3i3.00) 0 00; 13i3.001 0.001 13)3.001 I001 0.00) 0.00) 36 ACCESSORIES 903.00; 0 001 !903.00: O.OO: 1903.001 I001 0.001 0.00; '2 %Y?SUM WALLBO~Rg 3282,001 3282.00t 0.001 0.00! 326Z,00:1001 O.OO; 328.20; 1~ CDaD:~ Orde~D i 680 00: ~80.00; 0.003 0.003 680.00:lO0 O.O0) 68,00: 23 Change OFder] ~ 335.00~ 335.00~ 0.00) O.O0 335.00~ lO0 0,00~ 33.50) ~723 Chan~e Order~ 5 363.00~ 363 00~ 0.00~ 0~00 363.00] )00 0.00) 23 Ch)nge OrderW 6 297.00; 29?.001 0,003 0.00 297.00~ )00 0.00) Z4~ Change Order~ ? )68,00~ !68 00~ 0.00) C'.O0 i58.00~ I00 O,OOl 16.80~ 25 Change (:rderD 12 242.00~ ODO: 242,003 0.00 242.00~ lO0 O,OO: 24.20) APPUCATION AND CERTIFICATE FOR PAYMENT DOCUM£NT G702 PACE ONEOE 2 PAGES TO (Owner): C~.ty of' Sandy PROJECT: LIBRARY/POLICE APPLICATION NO: 3 - Distribution to: P.O. Box 116 RELC~ATIC~ F'I OWNER ~.~_ ~"~ ..... I-I ARCHITECT / /~. ,j PERIOD FROM: Sandy, Oregon 97055 /'"~,'i~-C-~'-~ TO:~-~c ~'~ CONT~OOR ARCHITECT'S A~ENTION: CONTRA~ FOR: Re~de~ng of Building ~ 38~88 Proc¢or B~v'd. PROIECT NO: 8805 Sandy, Oregon CONTRACT DATE: CONT OOR S A LICATION FOR PA?MENT Conl~lJ S~I~ AIA Document G703~ is attached. CHANGE ORDER SUMMARY The pm~nt status of the accoun~ for this Contract is as follows: Change O~de~s appmve~ ADDITIONS DEDUOIONS ~ ~ ORIGINAL CONTRAO SUM ....................... $ in previous months by~j~ _. Owner ~ TOTAL ~~ Net change by Change Orders ..................... $ - Approved Ibis Monlh ~/ ~e~ ~ ~ ,~ Num~ Da~e Approved A ~ ~ o~ ........................ ~ ' TOTAL COMPLIED & STORED TO OA~ ........... ~ ae2e~ z' cO ~.,: (Column G on G703) ,, ~AINAG~ ia % ......................... $ ~ ~ or ,Dial in Column Ion G703 ~ TOTAL ~RNED LE~S RETAINAGE .................. $ The u~de~ig~ed Conl~aClOr cerlilies thai Io Ihe bes~ DJ his knowledge, LESS PREVIOUS CEETIFICAT~ FOR PAYMENT ....... inlormilion and belief Ihe Wo~k cove~ed by Ibis Apphcalion Jot men~, lhil all amounlS have bee~ paid by him ior Work Jar which prewous Ceuiiicales fo~ Paymenl were issued and paymenls received CURRENT PAYMENT DUE.. ........................ $ CONTRACTOR;J~°m Ihe Owner, and~nlhal cur~entCons t~uct~onPaymenl shown he~einco. ,s now due. Slate of: ~ ~ Counly of: Subscribed and swo~f~~s~ day of ~, ARCHITE 'S CERTIFI TE FOR PAY NT , ou J ............................. (~ttach explanalion il amounl cerlitied di~er~ Imm the ~mou~i appli~ Io~.) In accordance wilh Ihe Conl~acl Documents, based on on-line obse~- ARCHITECT: B~ce ~ S~son A. ~ .A. vallons and Ihe dala comprising Ihe above applicalion, Ihe Architect -~ .~;: :~ .... cerliJies IO the Owner that the Work has progressed Io lite point md~led; lhal to the best ot his knowledge, inlorma~ion and belief, By: ,.:;;~F~. :.-.'~:-/~~'~ .......... Date: lhe qualily of lhe Work is in accordance wilh lhe Conl~act Docu- menls; and that Ihe Conlraclor is enl~lled lo paymenl DJ Ihe AMOUNT This Cerlificale is not negotiable. The AMOUNT CERTIFIED is payable only to Ihe Conlracto~ named herein. Issuance, payment and acceplance oi payment are withoul p~eludice Io any CERTIFIED. riBhls DJ the Owner or Conlraclo~ unde~ Ihis Conlram. AIA OOCUMEN~ G702 · APPLICA11Or, AND CJRTIFICATE FOR PAYMENT' APRIL1978 EDITION" AIAe · ~ 1978 THE ~ERICAN INSTITUTE DJ ARCHI'IECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2~ GT~ ~197~ CONTINUATION SHEET AIA DOCUMENT G703 PAGE 2 OF 2. PAGI:'.; AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: Contractor's signed Certification is attaehed. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: Use Column I on Contracts where variable retainage for line items may apply. TO: ARCHITECT'S PROJECT NO: 8J305 H I I I WORK COMPLETED ,, TOTAL COMPLETE~ BALANCE RETAINAGE ITEM DESCRIPTION OF WORK SCHEDULED This Application AND STORED % TO FINISH No. VALUE Previous ..... Stored TO DATE (G+C) Malerials (C-G) Applications Wo.k in Place · (not in 0 or El (D+E-i-F) I i AIA DOCUMENT G703 · CONIINUATION SHEET · APRIL 1978 EDITION " AIA· ~ 1978 THE AMERICAN INS111UTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G703 ~ 1978 ~?PLIC~TIO# ~#~ CERTIFICAT£ FOR PAY#E#T I $ PAGE: 1 TO: CITY OF SAIDY IlOJECT: LIUIAI¥/POLICE IELOCATIOI APPLICATIO# I0: 3 {0i1£~) PO BOX 116 38988 PIOCTO! BOLVD SAIDY, Oh 9?232 SAID¥,OIEGOI PEIIOD rlOl: 04/26/89 FIOK: IAITZi COISTIOCTIOI CO. VIA: 35 IE 1?TH AgE PERIOD TO: 05/30/89 (COIT~ACTO~} 1404 I.E. 111TH (AICH]TECT) 81UCE A. SAIU£LSOI, AIA COITIACT POI: CiTY OF SXIDY COIT~ACT DATE: 03/2Z/89 COITIACTOI$ APPLICATIOI FO! PAYIEIT The present status of the account for this Contract is as Pollens: CHXIG£ OldE! + ........+ ............. + .............. , 1. OiIGIIAL COITIACT SOl ................... S 133916.00 ~ hlber ~ ADDITIOIS S I DEDUCTIOIS S: 2. let change by Chilli Orders. .$ , ........ , ............. , .............. , 3. COITIACT SOl TO DATE .................... $ : I ~ 660.00 : : 4. TOTAL COIPLETED & STOIED TO DATE ........ S ~ ~.T, I 3 : 335.00 I : $. B£TAZIAGE .............................. $ : ? : 188.00 : : ?. ~ESS PlfilOgS FAYIEITS IEC~ZV~D ......... l 4016].66/ , , : I. COlIEIT PIYIEIT Iii ..................... · ........+ ............. * ........~/~'.~ 9. 8AL~ICE TO FII]Sg, PLUS KTAIIkUE ....... $ ~ ~~,3.~ co,red by this ApplicltiOl for Pl~llit his hell eoapleted il Icco~diice gith the Colttact Docaaeits. hbscribed aid slate to kefere al this day of ,19 iklTXl COiST~OCT]OI CO. Iotlry hblic: IOGEI N~ITll 05130/69 AICH[TECTS CEITZF[CRTE FO! PAYIEIT h Iccordllce lith tbs Contract aid this Application for AIOOIT CEITIFIED ................. This certificate is lot itgotiable. It is payable oily to : acceptance are githeat prejudice to any rights of the By: .............................. Date: .............. Osier or Contractor tadeT this contract. IART~# CORSTRUCTIO# CO. PAGE: 2 atO~ECT lO.: 106 APPLICA~OI AIO C£1TI~ICATE FO! PAYIEIT I 3 ~AT£: 05/30/69 .... + ........................ + ........... t ........... + ........... + ........... t ................ + ........... t ........... .... + ........................ ~ ........... ~ ....... ~...~ ........... ~ ........... ~ ........... ~ .... ~ ........... + ........... :ITt#: DE$CI[PT]OI OF lOt[ : SCHEDULED + ........... , ....................... t TOTAL : t BALAHCE I tETAIIAG£ : ~ I Prsvious ~ ........... , ........... , AID STORED: t : (C-G) : : I : Applicet. I Hori : St,od : TO DATE I G/C: l .... ~ ........................ + ........... + ........... ~ ........... + ........... , ........... + ....+ ........... ~ ........... 2: Pti#ITS I 1162.00: IIU.O0: I,O0: I.tO: 1112.00: Iff: 0,10: 116.20: 3: SuPErvISION I 7500.00: 4125.00: 2025.00: 0.00: 1150.00: 12: 1350.00: 015.60; 4: AOHIISTIATIOi I 20487.001 9833.761 1965.581 V.OOl 18799.341 12~ 368?.06: 1679.93: S: COICRETE I 1705.001 O.O0: O.OO: S.O0l I.iOl O: 1765.00~ 6111SC ltOI I 449.001 l.OO: 4.001 O.SOl S.ll~ l: 446.00~ ?: IOUGH CAUEITEY : 20575.001 11316.25: O.OO: 0.001 11316.251 551 SZSS.?5l 1131.621 8: FIIISH CAUEITRY ~ 11915,00: 1.001 0.00: 0.001 t,lll O: 11915.00: 9: SUBCOITEACT I 44301.00: 7531.171 287~5.651 0.001 38326.12:121 7974.181 3632.881 tO~ lOOtS & iIIDOUS ~ 6027.00: I.O0; 0.00: O.O01 LOll l: il2?.OOl O.O0: 11: GLASS & GLAZIIG : 1264.00: 0.00: 0.00: 0.00: 0.00: O: 1294.001 0.00: 12: EITIAICE$ & STOIESFIOIT: 350.00: I.OO: O.lO: O.OOl J.lOl Il 350.00: 131BAID,A!£ & SPECIALTIES ~ 2320.oo: o,oo= o.oo: o.oo= o.oo= o= z326.oo= 14: PLASTIC LA#IIATE I 1313.00; O.O0: 6.00: e.eol t. OO: I: 1313.10: 0.00: 15: PAITITIOIS : 908.00: 0.00: 0.00: I.O0: O.OOJ O: 908.00~ 16: ACCESSOII£S I 1903.00: 0.00: l.lOl 0.00: 0.0V~ O: IS03.lO: 0.00: 17: GYP!U# iALLBOAID : 3282.00: 3282.00: 0.60: O.OOl 3282.00: 100: O.OOi 328.20: 10: FLOOIIIGS I 1664.00: S.O0: O.O0~ LOll 0.001 t~ 1664.001 0.001 19: Chumge Ordsrl I : 680.00: 8OO.O0: 0.001 I.lO: riO.Oil IlO: O.OO: 201Cheege Orders 2 : 269.00: 0.00: 219.,: o.oe: 21s.00: I00: 040: 21.90: 21: Chalgs OrdsrS 3 : 335.001 0.001 335.001 0.001 335.00~ 1001 0.001 33.50: 221 Ch,ge Orderl 5 : ~,63.001 O.OO: ~63.001 O.SOl ~13.001 1001 O.JO: .~8.301 23: Ch.ge Orderl 6 I 297.0oi o.0o: 207.oo: o.00: 29?.00:lOO: I.oo: 241Chaegs Orderl ! I 168.001 0.01: 168.00~ S.SOl 168.101 1001 1.001 16.001 I *** TOTALS '*' : ~.,J.i. tt'T'i':fl~ 44625.181 -4#L8,,-2~ O.IOl 1'S~4'0':411 621 ~.,...,' .... · ........................ + .... =~-,~..~+ ........... + ......... ~-t ........... + ........... * .... + ........... t ........... APPLICATION AND CERTIFICATE FOR PAYMENT /U/ OOCUMENT G702 rAGE ON[OF 2 PAGES TO (Owner): City oF Sandy PROJECT: LIBRARY/POLICE q APPLICATION NO: ~' Distribution to: · RELOCAT ION o. [] Sandy, Oregon 97055 PERIOD FROM: [] ARCHITECT To: / [] CONTRACTOR ARCHITECT'S [] ATTENTION: CONTRACT FOR: Remodeling of' Building @ 38988 Proctoz' Blv'd. PROJECT NO: 8805 Sandy, Oregon CONTRACT DATE: /~(', 7 ~'~'.~ /~'~"~ Application is made for Payment, as shown below, in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAYMENT Con,i...tio. Sheet, AIA Document G703, is attached. CHANGE ORDER SUMMARY' The present status of the account for this Contract is as follows: Change Orders approved ADDITIONS DEDUCTIONS ORIGINAL CONTRACT SUM ....................... $ X l 3 3: 9 1/~. 00 in previous months by Owner ]., 015 O O TOTAL Net change by Change Orders /:~'~ ~ / . $ ' I ~ ~ ~',~. /_ ~.., Approved this Monlh CONTRACT SUM TO DATE ........................ S Number Date Approved 1 C"~.~ ) 6 8 0 .'3'5' ._ ~ TOTAL COMPLETED & STORED TO DATE ........... $ ~:r~-~-~ ,~/...- ~-. ~,~./~ '~ '~ ~ ,', ,~ - (Column G on G703) RETAINAGE ] 0 % ......................... $ TOTALS ~ , TOTAL EARNED LESS RETAINAGE $ Net change by Change Orders ~, oD ': .:, ' LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... $ The undersigned Contraclor certifies that ~o the best of his knowledge, information and belief the Work cove~ed by this Application for Payment has been completed in accordance with the Contract Docu- ments, that all amounts have been paid by him for Work for which oo ~ 4~ oo_ previous Certihcates for Payment were issued and payments received CURRENT PAYMENT DUE-. ........................ $ from the Owner, and that current payment shown herein ,s now due. Stateof: ~},;( ,?' '~ CONTRACTOR: Mar~n Cons~r~(~on Co. Subscribed and sw~fo~t~ '2'~' day of /~f F.,. , 19 ~'~ ~~ ~~ NotawPubli~/~~~/~/~ By: ~ ~ Date: 4-28-89 · (~[tach explan~lion it ~moun~ cerlified In accordancewiththeConlraclOocumenls, based on on-site obser- ARCH~ ~e~ue~son A.].A vations and the dala comprising Ihe above application, the Archilect certifies to the Owner that the Work has progressed to the point ,ndicated; that to the best o[ his knowledge, information and belief, By~~/~-- Date: the quality of the Work is in accordance wilh the Contract Docu- ments; and that the Contractor is entitled to payment of the AMOUNT This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named heCein. Issuance, payment and acceptance of payment are without prejudice to any CERTIFIED. rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 ° APPLICAIIO~', AND CERTIFICAT[ FOR PAYMENT' APRIL 1978 EDITION ' AIA~ ° © 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 G?02--1978 CONTINUATION SHEET AIA DOCUMENT G703 P.-~GE 2 OF ~ PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: Contractor's signed Certification is attaehed. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: Use Column I on Contracts where variable re[.~inage for line items may apply. ~/ TO: ARCHITECT'S PROJECT NO: 880_5 A B~ C D E F G H I WORK COMP'LETED I ITEM DESCRIPTION OF WORK ! SCHEDULED TOTAL COMPLE'[£[3 BALANCE RETAINAGE This Application AND STORED % TO FINISH No. ~ V^LUE Previous ' TO DATE (G+C) Stored Materials (C--G) Applications Wo.k in Place (not in D or E) (D+E+F) AIA DOCUMENT G703 · CONTINUATION SHEET · APRIL 1978 EDITION * AIA~ © 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G703-1971] NARTIN CONSTRUCTION CO, PAGE: 2 PROJECT NO : 166 APPLICATION AND CERTIFICATE FOR PAY#ENT # 2 DATE: 05/03/89 + ....+ ........................ + ....................... + ........... + ........... + ................ + ....................... + f .... + ................................................ + ........... + ........... + ........... + .... + ....................... ~ORR CONPLETED : ITEN DESCRIPTION OF IORK SCHEDULED ........... , ....................... + TOTAL BALANCE No. VALUE I This Application I CONPLETED TO FINISH Previous + ........... + ........... + AND STORED: t (C-G) Applicat. : iork : Stored : TO DATE : G/Cf : tn Place [ Naterials I (D+E+F) : : .... + .................................... + ........... ~ ........... + ........... + ........... + .... + ....................... ~ BONDS 8695.001 6695.00: 0.00: 0.00: 6695.001 I00: 0.00: 669.501 2 PERNITS 1162.00: 1162.00: 0,001 0.001 1162.00:1001 0.001 116.201 3 SUPERVISION 7500.00: 0.00: 412S.001 0,00: 4125.00: 55t 3375.00: 412.50: 4 ADNINSTRAT]ON 20487.00: 1434.09: 8399.071 0.00: 9833,76t 48: 10653.241 983.381 5 CONCRETE 1765.001 0.00: 0.00: 0.00: 0.00: O: 178S.001 6 ~I$C IRON 449.00: 0.001 0.001 0.00: 0.001 Ol 449.001 0.001 7 ROUGH CARPENTRY 20575.001 0.001 11316.25: 0.001 11316.2S: 55: 9258.?SI 1t31.62: 8 FINISH CARPENTRY 11915.001 0.00: 0.001 0,001 0.00: Ol 11915,00: 9: SUBCONTRACT 44301.00: 0.00: 7531.171 0.00: 7531.17: 17i 36789.83: 753.121 O: DOORS & W]NDONS 6027.001 0.00: 0.001 0.00: 0.001 Ol 6027.00: 0.00: GLASS & GLAZ[#G 1294,001 O.OO: 0.00: 0,00: 0.00: O: 1294.001 0,00: 2: ENTRANCES & STORESFROIT: 350.00: O.OOl 0.00: 0.00: 0,00: O: 350.00: 0.00: 31 HARDNARE & SPECIALTIES : 232B.00: 0,00: 0.00: 0.00: 0,00: O: 2326,001 4: PLASTIC LANINATE : 1313.001 0.00: 0.00: 0.00: 0,00: O: 1313.00: 0.00: 5; PARTITIONS : 908.00: 0.00: 0.00: 0.00: 0.00: Ol 908.00: 6: ACCESSORIES : 1903.00: 0.00: 0.00: 0.00: 0.00: O: 1903.00: 0.001 ?i GYPSU# NALLBOARD : 3282.001 3262.00: 0.00: 0.00: 3282.00:1001 O.O0: 328.201 8: FLOORINGS : t664.00: 0,00: 0.00: 0.00: 0.001 O: 1604.00: 0.00: 9: ~~ ~,~'): 680.00: 0.00: 680.00: 0.00: 680.00; 100: 0.00: 68.001 .... ~ ..... ~'~ .... I 4.~-~: 0.00: ~ 0.00: ~ 0.00: ..... + .... + ........................ + ........... + ........... + ........... + ........... + ........... + .... + ........... + ........... : : '** TOTALS *** : ~ 12573.09: ~ O.OOt ~ 899?0.82: + ..... + ........................ + ........... + ........... + ........... + ........... + ........... +-~--+ ........... + ........... 44, az 4, APPLICATION AND CERTIFICATE FOR PAYMENT A,A aOCUMEUT C702 ,'^CE O,,,EOf :~ P^G:S TO (Owner): C~.ty of' Sandy PROJECT: L]:BRARY/POLICE ~t: t APPLICATION NO: / Distribution to: P.O. Box 116 RELOCATION Sandy, Oregon 97055 (:~'~"~'~'c~ PERIOD FROM: ~ZZ~ ~OWNER ~ ARCHITECT A~[~IION: COSI~ACI [O~: ~emodeIin~ of ARCHII[CI'S Build~n~ ~ 38~88 Proctor Blv'd. P~OI[CI~O: 8805 Sandy, Oregon CONTRACT DATE: CONT~OR'S APPLICATION EOR PAYMENT ~pp~i~io. ~ ~d~ fo~ r~v~e.,, ~ ,how. b~*o~, i~ ~o~e~,io~ .ira ,h~ Co~,~. ConlJnuilJon ~h~l, AI~ Document G703, is attached. CHAN~E ORDER SUMMARY The present status of the account for this Contract is as follows: ~ ChanBe Orders approved ADDITIONS DEDUCTIONS ORIGINAL CONTRA~ SU~ ....................... ,in previous months by Owner ~;:: ~ '~ ~' Net chanBe by ChanBe Orders $ TOTAL ........ ~':~ ..................... Approved lhis Monlh -'~] ..... ..~: C~ CONTRA~ SU~ TO DATE ........................ Number Da~e Approved ~q. ,'O ¢, . ' ,'=~ ~ =~ =: TOTAL COMPLIED & STORED TO DATE ........... ~,~.3 ~.~-::: ~' (Column G on G703) ' ':: ~'~: ~" R~AINAGE, ~ C~ % ......................... or total in Column I on G703 TOTALS ~Z~ ~ TOTAL EARNED LESS ~ETAINAGE .................. Ne~ change by Change Orders ~:LZ] ¢2 ~ ~ ~-, ~ LESS PREVIOUS CERTIFICATES FOR PAYMENT $. - The undersigned Coniraclor cerlifies that to lhe besl oi his knowledge, ~ ....... intormation and belief the Work covered by Ihis Application for Payment has been completed in accordance with ~he Co~trac[ Docu- ments, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received CURRENT PAYMENT DUE-. ........................ $ from the Owner, and that current payment shown herein ~s now due. CONTRACTOR: ~ar(~n C~5[~uc~on Co. State of: Countyof: ~'~--'--~/,~~~~--~~~ No,a~SU~scribedpublic:and sworn ,o before me this day o, A~Mi~O'~ ~TIFI~A~ FO~ ~A~~ ~ou~, c~,m~ ............................. (Attach explanation ff ~moun~ cerlilied di~ers ~rom the ~moun~ In a~o~d~ wilh lh~ Con~ra~i Do~um~nls, based on on-sile o~s~r- raisons and ~he d~ compnsin8 ~he above ~ppl~c~on, ~h~ Archi~ecl A~CHITECT:~~~B~c~ A. 5o~5o~ A. ~ indicated; tha~ ~o lhe bes~ o~ his knowledge, info~maUon and beliet, BV~~~~~ _ ' Dat~: ~1/ ~ / the quality oJ the Work is in accordance with the Comract Docu- ments; and that the Conlractor is entitled to payment oJ the AMOUNT This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Conlractor CERTIFIED. named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of lhe Owner or Contractor under this Contract. AIA i)OCU~I[N! G702 · APPLICATIO,% AND C~RTIFICAT[ FOR PAYM[NT' APRIL 197§ EDITION ° AJA® · © 1978 TI-IF AMFRI~AN IN~TITIJTI= C)F ARCHI'[£CTS. '1735 NEW YORK AVENUE, N.W., WAStJINGTON, D,C. 20006 G702--1978 CONTINUATION SHEET Al q DOCUMENT G703 AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICAIION NUMBER: Contractor's signed Certification is attached. APPLICATION DATE: In tabulations be[ow, amounts are stated to the nearest dollar. PERIOD FROM: Use Column I on Contracts where variable retainage/or line items may apply. 10: ARCHITECT'S PROJECT NO: 8805 A g C D E F G H I WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED COMPL[-TE[31 BALANCE RETAINAGE I This Application AND STORED % TO FINISH No. VALUE Previous ' TO DATE (G+C) Applications Wo.k in Place Stored Materials . (not in D or E) (D-HE+F) AIA DOCUMENT G703 ° CONI[NUATION SHEET · APRIL 1978 EDIIION ' AIA® © 1978 THE AMERICAN INSTITUTE OF ARCHITECIS, 1735 NEW YORi'~ AVE., N.W., WASHINGT()N, D.C. 20006 G703 -- 1978 APPLICATION AND CERTIFICATE FOR PAYMENT ~ 1 PA~E: I TO: CITY OF HANDY PROJECT: LIBRARY/POLICE RELOCATION APPLICATION NO: 1 {OWNER) PO BOX il6 38988 PROCTOR BOLVD SANDY, OR 97232 HANDY,OREGON PERIOD PROM: 03/22/89 FROM: MARTIN CONSTRUCTION CO. VIA: 35 NE 17TH AVE PERIOD TO: 0q/II/89 {CONTRACTOR) lq04 N.E. lllTH {ARCHITECT) BRUCE A, SAMUELSON, AIA PORTLAND, OR 97220 PORTLAND, OR 97232 PROJECT NO: 186 CONTRACT FOR: CITY OF HANDY CONTRACT BATE: 03/22/89 CONTRACTORH APPLICATION FOR PAYMENT The present status of the accolnt for this Contract is as follows: CHANGE ORDER 8UMMARY + ........+ ............................ 1. ORIGINAL CONTRACT SUM ................... $ 133916.00 I Number : ADDtTIONH $ DEDUCTIONH $ 2. Net change by Change Orders ............. $ O.OOf + ........+ ............................ 3. CONTRACT HUM TO DATE .................... $ 133916.00 q. TOTAL COMPLETED & HTORED TO DATE ........ $ 12H73.0qf 5. RETAINASE .............................. $ 12§?.31~ 6. TOTAL EARNED LEHH RETAINAUE ............. $ 11315.78~- 7. LEHH PREVIOUS PAYMENTH RECEIVED ......... $ 0.00 8. CURRENT PAYMENT DUN ..................... $ I131§.78''~ + ........+ ............................ 9. BALANCE TO PI#ISH, PLUH RETAINASE ....... $ 122600.22 Net Change by Change Orders $ 0.00 The undersigned Contractor Certifies that the Work State of: County of: covered by this Application for Payment has been completed in accordance mith the Contract Documents. 8ubscribed and sworn to before me this day of MARTIN CONHTRUCTION CO. Notary Public: ARCHITECTS CERTIFICATE FOR PAYMENT In accordance with the Contract and this Application for AMOUNT CERTIFIRD ................. $ .................. Payment the Contractor is entitled to payment as shown above. This certificate is not negotiable. It is payable only to : the payee named herein and its issuance, payment and acceptance are without prejudice to any rights of the By: ............................... Date: .............. Omner or Contractor ~nder this contract. MARTI# CONSTROCTION CO. PAGB: 2 PROJECT #0.: 186 APPLICATION AND CEETIFICAT~ FOR PAYMHT 8 1 DAT~: 04/13/89 + .... + ........................ + ........... . ........... + ........... + ........... ~ ................ ~ ........... ~ i .... + ........................ + ........... + ........... + ........... ~ ........... ~ ........... ~ .... ~ ........... + ............ ; ~OR~ COMPLETED : ~ : ITEM: D~SCRIPTION OF WORI SC~DHLED ............ + ....................... ~ TOTAL : : BALAHCE : R~TAINAGI No. YALgE I This Application : COMPLgTED I : TO FINISH: Previoas + ........... + ........... + A]~ STORED: t : (C-G) Applicat, : ~ork : Stored : TO BATE : 6/C1 I in Place : ~aterials ; (D+B+F) : I , .... + ................................................ + ........... ~ ........... ~ ........... ~ .... ~ ........... ~ ............ 1: BO#D8 6695.001 0.00: 6695.001~ 0.00: 6695.001 I00: 0.001 669.50; 21 PERMITS 1162.001 0,001 I162.001~' 0.001 1162.00~ lOOt 0,00~ i16,20{ 31 SUPER¥ISIO# 7500.001 0.001 0.001 0.001 0.001 Ol ?§00,001 ~I ADMINSTRATION 20~87.001 0.001 l~J~.09,~' 0.001 1~3~.091 ?,~" 19052.911 5: CONCRETE 1765.00i 0.00: 0.00{ 0.00: 0.001 Ol 1765.001 O.OOi O{ MIHC IRON 4~9.001 0.00{ 0.00{ O.OOi 0.001 O: ~9.001 0.00{ V; ROUGH CA, ENTRY 20575.00: 0.00{ 0.00{ 0.001 O.OOi O{ 20575.00: 0.001 U: FINISH CARPENTRY 11915.00i 0.001 0.00{ 0.00{ 0.00: O{ 11915.001 O.OOi 9: SUBCONTRACT 4~301.00: 0.00: 0.00{ 0.001 0.00{ O{ 4~301.00{ 0.00{ lOl DOOR8 & WINDOWS 6027.00: 0.00{ 0.00{ 0.00{ 0.00{ O: 6027.001 0.00{ Ill GLASS & GLAZING 129~.00i 0.001 0.00{ 0.00{ 0.00{ O{ 129~.00{ 0.00: 12{ ENTRANCE8 & STORESFRONT{ 3§0.00: 0.00{ 0.00{ 0.00{ 0.001 O{ 350.00{ 0.00{ 13: HARDWARE & SPECIALTIES 2326.00i 0.001 O.OOi 0.00: 0.00: O: 2326.00{ 0.00~ ]4: PLASTIC LAMINATE 1313.00: 0.001 0.00{ 0.00{ 0.00{ O{ 1313.00{ 0.00{ ]5: PARTITIONS 908.00: 0.00: 0.00: 0.00{ 0.00: O: 908.00: 0.00: ]61 ACCESSORIES 1903.00{ 0.00{ 0.00{ 0.00{ 0.00: O{ 1903.00{ 0.00{ ]7: GYPSUM WALLBOARD 3282.00{ 0.00: 0.00{ 3282.00{~'~'~3282.00{ 100{ 0.001 328.20{ ]U: FLOORING8 1664.00: 0.00: 0.00~ 0.00: 0.00{ O{ 166~.00{ 0.00{ + ....+ .................................... + ........... + ........... + ........... + ............;b~---+ ........... + ........... ~ : '" TOTALH '" 133916.00{ 0.00: 9291.09: 3282.00: 12573.09{ 9: 121342.91{ 1257.31{ + ....+ .................................... + ........... + ........... + ........... + ........... + ....+ ........... + ........... PROPOSAL OWNER [] ARCHITECT [] REQUEST CONTRACTOR [] FIEtD [] AIA DOCUMENT G709 OIHER PROJECT: City of Sandy PROPOSAL REQUEST NO: ONE (1) {name, address)LIBRARY/POLiCE RELOCATION OWNER: City of Sandy DATE: April 17, 1989 TO: (Contractor) r'- -q ARCHITECT'S PROJECT NO: 8805 Martin Construct(or1 Co. 1404 N.E. 111th CONTRACT FOR:' Remodeling of Portland, OR 97220 Building for LIBRARY/POLICE L_ J CONTRACT DATED: Please submit an itemized quotation for chanses in the Contract Sum and/or Time incidental to proposed mod(fica tions to the Contract Documents described herein. 0 THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREII~ Descript~n: ~rl,en description of ~e WoW As the interior furring of the north and west exterior walls of the LIBRARY portion of the building had not been completed BY OTHERS as noted in the Contract Documents and this work had to be provided to maintain the construction schedule and completion, please provide your cost to complete the furring of the exterior walls. Attachments: (List mll~ched documenu that su0pott description) None ARCHITECT: · ~/ Bruce A. $~muelson, A.I.A. AIA DOCUMElqT G7~9 · PROPOSAL REQUESI · APRIL 1970 [DIllON · AIAe · ~1970 · TH[ ONE P~ AMERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVE., N.W., WASHING.TON, D.C. 20006 PROPOSAL ( OWNt [] ARCHITECT ~' REQUEST CONTRACTOR FIELD [] AIA DOCUMENT G709 OTHER PRO)~CT: City of Sandy PROPOSAL REQUEST NO: TWO (2) (name, address) LIBRARY/POLICE RELOCATION OWNER: City of Sandy DATE: April 20, 1989 TO: (Contractor) F'- --1 ARCHITECT'S PROJECT NO: 8805 Martin Construction Co. 1404 N.E. lllth CONTRACT FOR:' Remodeling of Portland, OR 97220 Building for L__ __J CONTRACT DATED: Please submit an itemized quotation for changes in the Conlract Sum and/or Time incidental to proposed modifica- lions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Descript~n: ~rlnen ~$cription of ~e Wo~) At the Owner's request, please provide your cost to add two (2) additional Isolated Ground duplex receptacles on one (1) new circuit B25 at the subject project. One (1) I.G. duplex is to be provided at the south wall of Conference/Meeting Room (11) and one (1) I.G; Duplex is to be provided at the new Ramp railing wall of Juvenile/ Children (14). For an INCREASE of: $ 175.O0 ?:L'~::!,,, =;,. :':!., ::'~. '.-~-,. By: *For (1) additional outlet i'n the Conference/Meeting Room (1]) add to the above cost $44.00. Attachments: lusl ,n.c~ed docum,n:s that supporl descrip:.~on) 'The new amoun~ would be $219.00. Photocopy of portion of Drawing E-2 with new I.G. circuit added as rev. #3. · ARCHITECT: /~Bruce A. S~muelson, A.I.A. AIA DOCUMENT G7~ · PROPOSAL REQUES~ · APRIL 1970 EDITION · AIA~ · ~1970 ' THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHING2ON, D.C. PROPOSAl- OWNER [] ARCHITECT [] REQUEST CONTR^CTOR FIELD [] AIA DOCUMENT G709 OTHER PROJECT: City of Sandy PROPOSAL REQUEST NO: THREE (3) (name, addressLIBRAR¥/POLICE RELOCRT1~0N OWNER: Cit;.y of Sandy DATE: Apr`ii 24, 1989 TO: (Contractor) r'- Nartin Construction Co. --~ ARCHITECT'S PROJECT NO: 8805 1404 N.E. 111th CONTRACT FOR: Remodeling of Por`tland, Oregon 97220 Building for' LIBRARY/POLICE L_ _] CO.TR. CT D^TED: Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifica. tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN Descript~n: ~riWen descriplion ~ the WoN Please provide your cost to construct the new RAMPwest screen wall framing at OUYENILE/CH~LDREN (14), originally scheduled to be constructed "By Other`s", as noted in Details P/5 and T/5 of the pr`oject dra~ngs. Presen~ 0wner`'s ma:er`ia1 for` this work at the site can'be used for construction work on the railing wall. for an INCREASE of: $ 3:~.5,o,0 By: : ' Attachments: {List ittached doc~menU that sul~orl description) None, refer to original Contract docuaents. ARCHITECT: Bruce A. Sam~elson, A.I.A. AIA DO~1 GT~ · PROPOSAt REQU~S~ · APRIL ~970 EDITION · AIA~ · ~1~70 · TH[ Omi PA AMERICAN INSTI~UT[ OF ARCHITECTS, ~735 NEW YORK AVl., N.W., WASHING2ON. D.C. ~ PROPOSAL OWNER E3 REQUEST CONT R/",CI ORFIELD [] [] AIA DOCUM£NT G709 OTHER PROIE~: CJty of Sandy PROPOSAL REQU[ST NO: FIVE (5) (name, address)Li~Y/POLiCE REL~TIO~ OWNER: City of Sandy DATE: ~ril ~6, 1989 TO: (Contractor) ~ -. ~ a~CH~Xt~'S ~Olt~ NO: 8805 Martin Construction Co. 1404 N.E. Illth cos~c~ [o~: Remodeling of Portland, 0R ~7220 Building for LIBRARY/POLICE ~ 2 CONT~ DATED: Please submit an itemized quotation for chanses in the Contract Sum and/or Time incidental to proposed modifica- tions to the Contract Documents described herein, .. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Wtinen c~¢riplion ol the Wo~) At the Owner's request, please provide your cost to convert door No. 2lA at the POLICE space to electric strike operation with a control switch at the new Control Desk that is to be furnished By Others. The present D53PD Lockset is to be retained as scheduled but the standard'~trike is to be replaced with an Adams Rite #7850 24v. electric strike. An Adams Rite //4605 24v. transformer is to be installed to a new duplex outlet above the ceiling of Room {21) that is an extension of new power circuit #37 at the adjacent walls. Extend the low voltage wiring down the door Jamb shim space or adjacent stud space to activate the strike and to the Control Desk for the button/switch through one of the present (2) 3/4" power conduits that feed the Control Desk. Mount the strike control button/switch at the Control Desk where directed. For an INCREASE of: $ 363.00 Attachmenl~: (Lis1 llllPhed documenU, that support description) None. Refer to present Contract Documents. Bruce A. Sakd'elson, A.I.A. ARCHITECT:..~ ~ ~- ~ ,&lA DOCU.h4ENT GTll~ '- PROPOSAL R[QuL<;T · ,&PRIL 1970 EDITION · AIm&~) · ~1970 ° THE ONE PAGE AMFRIC~,N INSTITU'i'[ Of ARCHITI:CTS, 1735; NEW YORK AVE., N.W., WASHINC_,.TON, D.C. 20006 PROPOSAL OWNER [] ARCHITECT [] REQUEST CONTRACTOR [] FIELD [] AIA DOCUMENT GTO0 OTHER PROJECT: City of Sandy ProPOSAL REQUEST NO: SiX (6) (name, address)LiBRARY/POLICE RELOCATION OWNER: City of Sandy DATE: April 28, 1989 TO: (Contractor) [-- ---J ARCHITECT'S PROJECT NO: 8805 Hartin Construction Co. 1404 N.£. lllth CONTeXCT FOR: Remodelin. g of Portland, Oregon 97220 Building for LIBRARY/POLICE I ..J CONTRACT DATED: Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifica- tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. De~ripl~n: ~rlnen description ~ the Wo~ To cover an exposed approximate 2' high by 1~" wide concrete, curb uncovered by removal of ortgtnal fintsh at the North wall of LIBRARY Conference/Meeting Room (11) please provide your cost to install 2x4 (flat) furring at the present plywood sheathing of the approximate 2q' long North wall prior to the installation of the new gypsum board overlay presently noted to be installed on the existing wall. For an INCREASE of $ 297.00 Attachmenu: (List mtla~ documen~ I~l sup~rt d~cripti~) Photocopy of portion of Drawing No. 2 noting wall to receive 2x4 (flat/1½") furring. ARCHITECT: ~/.~e A. S~uelson, A.I.A. ~ · AmA DOCUMENT GTe9 · PROPOSAL REQUEST · APRIL 1970 EDITION - AIA~ · ~ 1970 ° TH[ ON[ PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.~ WASHING3ON, D.C. 20006 PROPOSAL owner [] ARCHITECT [] REQUEST CONTR^CTOR [] hELD [] AIA DOCUMENT G709 OTHER PROJECT: City of Sandy PROPOSAL REQUEST NO: SEVEN (7) ' (name, address)LIBRARY/POLICE RELOCATION OWNER: City of Sandy D^TE: April 28, 1989 TO: (Contractor) [-- Martin Construction Co. --] ArCHiT£CT'S PROJECT NO: 8805 1404 N. E. lllth ............ Remodelino of Portland, Oregon 97220 uu~c~i~for LIBRARY~POLICE L._ _.] CONTRACT DATED: Please submit an itemized quotation for chanses in the Contract Sum and/or Time incidental to proposed modifica- tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WiTH THE WORK DESCRIBED HEREIN. Descriptbn: ~rlnen de~:ripti~ ~ I~e WoW At the .Owner's request andlnstallation of additional ~" pl.ywood to various walls of the POLICE Department please note your cost to provide an extra ~ inch width to the door jambs,at the following doors: 21A, 23A, 27B, 29A, 30A & 3gA. Doors 28A & 3lA present!y note the )~' plywood at 1-side of the wall. For an INCREASE of $ 168.00 Attachments: (List <ached documeflU that support description) None, refer to original Documents. ,, ARCHITECT: Bruce A. Samuelson, A.I.A. AIA D NT'G7O9 · PROPOSAL REQUEST · APRIL 1970 EDITION · AIA~) · © 1970 ' THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHING3'ON, OmC. ::~306 PROPOSAL REQUEST FIELD [] ,' AIA DOCUMENT G709 OTHER PROJECT: City of Sand~ PROPOSAL R~QUEST NO: T~ELVE (12) (name, address) L]~Y/POLICE REL~TIOR OWNER: C~ of Sand~ DATE: ;une 1~, 1989 TO: (Contrador) .' ~ ~ ARCHITE~'S PROJE~ NO: 880~ ~a~tin Const~uctJon Co, 1404 N.E. 111~h CONT~ FOR: Remodeling of Building Portland, Oregon 97220 for LIBRARY/POLICE L ] CONT~ DATED: Please ~ubmit an itemized quotation for chanses in the Contract Sum and/or Time incidental to proposed modifica- tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Descript~n: ~rl.~ clescripti~ ~ ~he Wod0 As theremoval of the original wire glass panes at the L]BRARY Skylight for resealing of glass to the s~eel frame resulted ~n the breaking of four (4) sections of the original glass, please provide ~our cost to p~ov~de four (4) new t" d~amond pattern wi~e glass panels cut to sfze ~o fit the steel f~ame supports. For an INCREASE of: $,,,, ' Attachments: (Ll~t ~ttached documenu t~at ~upport de~crtptloa) . ~ ARCHITECT: Bruce A. Saj~uelson, A.I.A. MARTIN CONSTRUCTION General Contractors C OM PANY 10327 N.E. Morris Street Portland, Oregon 97220 (503) 252-5500 ACKNOWLEDGEMENT OF CHANGE IN WORK JOB NUMBER: CHANGE ORDER #: WE ACCEPT YOUR QUOTED AMOUNT FOR THE ADDITIONAL/DELETED WORK FOR ABOVE REFERENCED PROJECT. QUOTED~. ~ AMOUNT~ I NEW CONTRACT AMOUNT TOTAL 5 CONSIDER ABOVE AMOUNTS AS PART OF YOUR CONTRACT. THANK YOU. PLEASE SIGN ONE COPY OF THIS FORM AND RETURN TO OUR OFFICE. Pleas?ign Here Pespect~u~ ~Submitted Martin Cons~tion Co. Mr. Roger Martin Martin Construction Company 14o4 l .lth Portland, OR 97220 S/~.NDY P.O. BOX 1119 RE: Sandy Police/Library Project SANDY, OREGON97055 Telephone 668-5533 Dear Mr. Martin: This letter is to follow up our meeting on October 25, 1989. At that meeting, we agreed to meet next Thursday, November 2, 1989 at 10:00 o'clock a.m. A number of items need to be completed by your firm prior to the meeting. These include: ]. Compiling a list of all subcontractors that supplied labor or materials for the Sandy Police/Library project. 2. Confirmation from each subcontractor that they have been paid in full; or specify the specific amounts owed. These numbers should represent figures that are mutually agreeable between you and the subcontractor. In the event that a dispute in the value occurs, then you will need to identify the disputed figure and whether or not a negotiated settlement has been arranged. 3. Martin Construction Company should obtain individual lien release waivers from each subcontractor. 4. A number of items have yet to be completed on the punch list that was previously supplied to you by the City's architect (Bruce Samuelson). You will have until Wednesday, November 1, 1989 to complete the items on this punch list. The project was scheduled to be completed on July 2, ].989. It is now nearly November and there are still numerous matters that must be resolved before the contract can be terminated. Any matter left unsolved will be forwarded to the bonding company. If you have any questions relating to this matter, feel free to contact our office. Sincerely, Cla['~. Moorhead, City~anager CWM:mp cc: Jack Hammond, City Attorney Bruce Samuelson, Architect Melia Shears, Amwest Surety Insurance Company NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. For a valuable non~ideration, the andersi§ned N~RTIN CONSTRUCTION CO. hereby releases the property at: $8B88 PROC?OR BLVD in the city of SANDY, OR£GO# B?05S from acy liability for lien for ell materials delivered by it, and ~abor performed, to or for that said property for or oc account of: Certificate fop Payment IA~'"'to this date. This release ~s conditional opon the clearance by the bank ~pon vhich it is dra~n, of the check received ~n payeent for the above ~entioned materia!~ acd tabor. NARTIN CONSTRUCTION CO. 1404 #.£. 1!1T~ C 1~1~ OF P.O. BOX 1119 SANDY, OREGON 97055 Telephone 668-5533 September 29, 1989 Bruce A. Samuelson 35 N.E. 17th Avenue Portland, OR 97232 RE: Past Due Statement From Wolcott Plumbing on Police/Library Building Dear Bruce: According to representatives from Wolcott Plumbing Contractors, they have not received payment from Martin Construction in the amount of $2,080.00. I have enclosed a copy of their latest statement that they have furnished Martin Construction. I would like you to retain this with your files. Martin Construction Company should demonstrate that payment was made to all employees, contractors, and their employees according to federal requirements and we should receive the appropriate lien releases before final payments are issued on this project. I appreciate the efforts you have made in overseeing many of these issues. Sincerely, Clay W. Moorhead, City Manager CWM:mp Enc. NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. STATEMENT Wolcott Plumbing Contractors, Inc. P. Oi BOX 872 Gresham, Oregon 97030 DATE: _.__ ~''°g~r-' 8~ Phone: SS?-~ 7St R E C E I V E D Date Inv. # Description Location Lien By Amount Finance Charge TOTAL TOTAL DUE: ~ 1 ~/*% on Delinquent Accounts September 29, 1_989 dack Hammond ~.o.~ox~9 P. O. Box 648 SANDY, OREGON 97055 Telephone 668-5533 West Linn, OR 97068 RE: Martin Construction Contract Dear Jack: This project is now nearing completion, a number of items are left still to be completed. Most of these items are rather minor in nature but it does not appear that the contractor intends on any follow through. I have also enclosed a copy of a recent letter that I had Bruce Samuelson send to the contractor. They have now requested a fifth payment in the amount of $6,233.00. The City is currently retaining approximately $20,000.00 and ! have concern that several subcontractors have not yet been paid. You will see from the attached letters that I have requested from the contractor that they demonstrate compliance with Federal Davis Bacon requirements as well as obtain lien releases from all of their subcontractors and material suppliers. I am bringing this to your attention to encourage any advise you may have as I begin to deal with the contractor in closing this contract out. Sincerely, Cla~~rhead, City'~ager CWM:mp Enc. NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status, ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 NE. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 September 28, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Rich Silkett Martin Construction Company 1404 N.E. lllth Portland, Oregon 97220 Dear Mr. Stlkett: We have received your Payment Application No. 5 dated September 27, 1989 for the period from June 30, lgSg through September 27, 1989 noting an amount due of $6,233.86 and a Retainage sum of $13,078.78 being held. Upon receipt, we discussed the Application for Payment with Mr. Clay~orhead of the City of Sandy and as the material noted as being required prior to review of future Applications for Payment as noted in our letters of September 15, lgsg and September 20, lg8g to you have not been received, we are returning the original Application No. 5 request to you without review. For reference, we are enclosing additional copies of the September 15, lg8g and September 20, 1989 letters with appropriate wording 'highlighted" as to what information needed to be supplied. The City of Sandy has been notified that at least two (2) subcontractors have outstanding payment requests which would total in excess of $15,000.00 and therefore the noted information must be submitted prior to our being able to review and forward your Application No. 5 request for payment to the City of Sandy. Sincerely, ~ce A. Samuelson, A.I.A. BAS:kp cc: Mr. Clay Moorhead w/enclosure EncTosures ARCHITECTURI: BRUCE A. SAMUELSON A.I~,. 35 N.E, 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 September 20, 1989 Project: City of San~ LIBRARY/POLICE RELOCAI~O~ Mr. Rich Stlkett Martin Construction Company 1404 N.E. 111th Portland, Oregon 97220 Dear Mr. Sflkett: This letter is to inform you that the City of Sandy has proceeded with rekeytng of the Meeting Room exterior door lock cylinders and the cost for thatwork will be deducted from funds held in retatnage. As since a conversation this eorning indicated the plumbing 'leaks' and sewer 'blockage' has not received any attention per prior request, we have instructed the City to proceed on having this work provided 'by others' and again the cost for this work will be deducted from the Retatnage amount. Ample time has passed without any response to complete the remaining Punch List items, so the City has been requested to proceed with that work 'by others' also and those costs will be deducted from the Retainage being held. As some of the Electrical items yet to be completed involve Installation of 'ordered equipment', it would be to your best interest to have the electrical work completed by the original subcontractor as having 'others' order new equipment, you may end up pay- ing for it twice. The remaining electrical work will not be requested from "others' until next Wednesday {Sept. 27, 1989) to allow you a few days to have that work completed under the original Contract and possibly reduce your 'cost' for this work. We have received a telephone call from Mr. Mike Walker of the City of Sandy and to date the City of Sandy has received Ilo C4)ptes of Certtfted Wage forms i~138for your employees or those of subcontractors performing work on the subject project. It has been noted that Mo further payments~rlll be mdemttl RLLeecessarylil(38foms are submitted and verified as to compliance by the Ctt~. Sincerely, Bruce A. Samuelson, A.I.A. BAS:kp cc: Mr. ClayMoorhead ARCHITECTURE BRUCE A. SAMUELSON A.I,A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 ~pte~er 15, 1989 Project: City of Sandy LIBRAR¥/POLICi~ RELOC~HO~ gr. Rich Stlkett ~rttn Construction Company 1404 N.E. 111th Portland, Oregon 97220 Dear Mr. Stlkett: We have received word from C.S. Cltft& Sons, Inc. thts morntng, that apparently they have not to date received any pa~mentfor the new cabinetwork provided at the subject project. In reviewing your Application for Payment request No. 4 dated June 30, 1989, which the last Pa~nent Request in our project ftle, we ftnd no 11sttng of ·casework' as a separate 11ne item but assume the cost for this work ts tncluded tn the line SU~OflTRACT at a Scheduled Value of $44,301.00. By your Pa~aentRequest No. 4, we note thfs work billed as 90% completed with a 'Balance to Ftntsh' and 'Retainage' sum totaltng $8,417.19. This amount ts only about $~ of the costs for the provided casework that apparently has not been paid. As there have been Pa~ent Applications forwarded and payments processed based upon the amounts applied for and reviewed as to work/material tn place, tt ts assumed that funds paid to Nartin Construction by the City of Sandy for thts proJect would be dispersed to subcontractors who provided work/material tn place per the Application for Paj~ent. Again we are not receiving the copies of the Certificate of Pa3~eets back at our office as requested, so we have no record to revfew as to pa~ents received. As there ts now notification of two separate paj~ents having not beenmde for work In place at the time of application, tt will not be possible to authorize further pa~ents on this project until satisfactory evidence Is received that subcontractors/ suppliers have received pa~ents. Submission of completed, notarized and signed standard L~EIIRELEASEI/AH~RSwtll be considered as satisfactory evidence of payment. Prior to our office reviewing any future Applications for Paj~ment and forwarding them to the City of Sandy for processing, it will now be necessary to submit originml LIB R]~ fora= from ALL SUBCOI~IIII)#ME]IML SI]PPLXERSwho furnished Lmbor and/or Page 2 ~tertal/$upplies/Servtces on this project tn excess of a valuation of $200.00. As no other persons have access to the completeness of submitted LIEN RELEASE forms for Individuals/firms with costs exceeding the su~ of $200.00, I~rttn Construction will be held responsible for providing forms fro~all tndtvtduals/ftr~s involved. Please accumulate all L%EN RELEASE fo~s necessary and sub, it them to our office at one tim. The faster the Lien Release fo~s are submitted the faster pa~ent can be processed. Sincerely, Bruce A. Samuelson, A.I.A. BAS:kp ..... · cc: Mr. Clay Moorhead .APPLICATION AND CERTIFICATE FOR PAYMENT oocuuE~r c?0: TO K)w~af): City of' Sandy PROJECT: LIBRARY/POLIC~ P.O. Box ] 16 APPLICATION NO: #5 Dislribu~o~ Io: Sandy, Oregon 9705.5 RE~TIGN O O~ER PERIOD FROM: 06/30/89 1:3 ARCHITECT TO: 09/27/89 n CONTRACTOI~ ATrENI'ION: CONTRACT FOR: Remodelino oF ARCHITI~CT°S n Bui~dtn @ 3898 " , e · ¢___ ~ '~g 8 Proctor BJ.v d. ROJECT NO: 880.5 : .. Tho P~I slatus of the account for this Contract ti &l Chan~ Olden approved AOOITIONS DEDUCTIONS in ~ mo~th~ by OI~IGINAL CONTRACT SUM ......... TOTAL ~ ~ ~ ~ ~ ~ Net change by Change Order~ ......... 2,3 0 4 0 0 Al~oved Ibis Month ............. t~ . N. omb~ Oa~e Appm~ CONTRACT SUM TO DATE ...... (Column G on G703) To,,4 s ,-u < ................. ~.,'~ ~ or tolal in Column I on G703 ..... .Net chan~e by Chun~e .O~de~s . ~ ~ ~ TOTAL EARNED LESS RETAINAGE .................. ~ 1~ 7,7 0 9.0 3 rL~ umtemlned ComraClO~ ceni[iei thai Io the besl al his knowledge. ~ LESS PL~'VIOUS CERTIFICATES FOI~ PAYh~tqT ........ ] 3 ] in~omlatiofl end I~lief Ihe Work coveeed by Ibis Application io~' · Petmtel~t hal berm completed in accordance wilh Ihe Conl~act Docu- mml~, Iha! all amounts have been paid by him for Wo~k fat which I~ Cenilicale~ to~ Paymenl were issued and payments received t,__mm e~e Owae,. a~l. IhaI cu,~t paymem d~own he,,in ,s now ~,. CUIIRENT PAYMENT DUE.. ....... . . , 6,2 3 3.8 6 .ON/U~R: Idar,tirj/Cor~truction Co. ~-"-"-'----- "-'"]':"-::"~~:--- In accordance wilh Ihe Comrac! Documenls, based on on-sile obsez- (Attach eRolanation il amount cer~l~ diflet~ Irom Ihe 4mOUnl applied valmas and Ihe dale comprisin8 Ihe above applicalion, Ihe Archdecl ARCHITECT: Bruce A. $c~nueJ,$on A. ! .A. I cemtiet lo Ihe Owner Iha! the Woek has progress,d Io Ihe point ~ndk:aled; Ihal Io the besl al his knowledge, inlormalion and belle~, ~ Ihe qualily al the Wink is in accoMance wilh Ihe Contrac! Docu. By: - me, ti; and Ih,ti Ihe Contraclor is e~li~led lo payment of the AMOUNT Dale: - C~lrlFIED. This Cerlll'icale is not negmiable. The AMOUNT CEI~TIFIED is payable oily named herein. Issuance, paymem and acceplance o~ payment am wilhogt ~ nghL~ of Ihe Owner or Conlracto~ under this Ccmtrac~. ,MA OOCUII4~N! GT~ · APPLICATIOn, AND C[I~TIFICATt FOR PAYMENT · APRIL 157& fOl~lON · AIA· , ~ 11~ A,M~IIICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHING/ON, D.C. 20006 ~Ti~ C~$T~:{?}O~ ~ PAGE: 2 PROflECT NC.' !85 APPLICATION ANil CERTIFICATE FOR PAY#ENT S 5 DATE: 09/26/89 .... , ........................ ) ........... , ........... , ........... + ........... + ................ ~i .......... .............................. . ........... ~ ........... ~ ........... ~ ........... ~ ........... ~ .... ~ ........... ITEN D,SCR~PTIO~ , WORK D ............ * ....................... + Nc VALUE ; Th~s Applicetion I CONPL£T[D ; TO PINlSB Prev~oo~ + ........... + ........... + iND STO~£D: t = ~C-6) App:~cat. i ior[ : Stored i TO OATE : 6/C: : ia Place ; Nateriais : (D+£+~) { : .... + ........................ ~ ....................... + ........... f ........... + ........... f .... f ........... Il BONDS 6695.00 6695.00: 0.001 0.00: 6695.00: 100: 0.00: 669.S0: 2: P£RNITS ]162.00 1162.00: 0.00: O.OOl 1162.001 1001 O.OOi {{B.20i 3i SUPERVISION 7500.00 6750.001 375.00i O.OOi 7125,00: 95~ 375.00: 712.50: {: ADNIN1STRATION 20487.00 18436.30: 1024.35: 0.00: 19462.65: 951 {024.354 1946.26; 5: CONCRETE 1765.00 1765.00; 6.00: O.OOi 1765.~0: {OOi O.OOi 6i #ISC IRON 449.00 449.001 0.004 0.001 449.00: 100i O.OO: 44.90: 7; ROUG~ CARP£NTRY 20575.00 {B517.50; 1028.75: 0.00: 19546,25: 95t {028.75i 1954.62: 81 FINISH CARPENTRY 11915.00 9532.00: 1787.25: 0.00: 11319.25: 951 595.75: 9i SUBCONTRACT 4430!.00 39870.90: 2215.05: 0.00: 42085.95: 95{ 2215.05i 420B.60: 10: DOORS & WINDOW5 6027.00: 6027.00: 0.00: 0.00: 6027.001 lO0: O.OOt 602.70: 1]i GLASS & GLAZING t294.00: 1164.60: 64.701 0.00: 1229.30: 95{ 64.?0: 122.93 121 £NTRANC£S & S?OREFRONT 3SO,O0: 390.00: 0.00: 0,00: 350.001 tO0: 0.00: 35.00 131HARDWAR£ & SP£CIACT]£S 2326.001 2328.00: 0.001 0.001 2326.00i 1001 0.001 232.60 t41 PLASTIC LA#INA?~ 1313.001 1313.001 0.00 0.001 1313.001 1001 0.004 131.30: 151 PARTITIONS ~08.001 681,001 181.60 0.001 862.601 951 45.401 88.26 181ACC£SSORI£S 1903.001 1903.00: 0.00 0.001 1903.001 1001 0.00: 190.30 17; GYPSUN WALLBOARD 3282.00: 3282.001 0.00 O.O0: 3282.00: 100{ 0.00: 328.20 t8: ~LOORiNGS 186a.00: 1331.20: 249.60 0.00: 1580.80: 95: 83.20: 158.08: 191ChaDge Order{ 1 680.001 880.00: 0.00 0.00: 680.00: I00: 0.00: 68.oo: 20: Cha~ge Order$ 2 219,00: 219.00: e.00 0.00: 219.00: 100: O.OOi 21.90: 2~I Che~ge Order# 3 335.00~ 335.00: 0.00 0.00: 335.001 100: 0.00: 33.50: 2~: Ch4age Order{ 5 383.00: 363.00: 0.00 0.001 383.00: 100: 23: Ch4nge Order~ 5 29?.00: 29?.00: 0.00 0,00: 297.00: I00: O.O01 29.701 24: Cha~e Orderl ? ]8~.00: 168.00: 0.00 O.Oel 168.00: 100: 0.001 16.801 25: Ch4n9e Orderl 12 242.001 2d~.DO; D.OO 0.00: 242.001 100: O.O0: 24.20: .... + ........................ ~ ........... + ........... + ........... + ........... + ........... + ....+ ........... : '" TOTALS '" : 138220.00: 123861.50: 8926.30: 0.00: 130787.80: 96: 5432.201 13078.?7: .... + ........................ ~ ........... + ........... + ........... + ........... + ........... + ....~ ........... + ........... + S £ Pz7 1989 BRUCE '~. SAMUF. I~OH AFICH!TECT P.O. BOX 111~ SANDY, OREGON 97055 Telol3hone 668-5533 September 7, 1989 Martin Construction Company 10327 NE Morris St. Portland, OR 97220 RE: Certificate of Substantial Completion Dear Mr. Martin: Enclosed is a signed copy of the Certificate of Substantial Completion. The document has now been signed by the Architect, Martin Construction Company and the City of Sandy. Sincerely, Clay W. Mo©rhead, City Manager CWM:mp Eric. cc: Bruce A. Samuelson NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. CERTIFICATE OF DistributiontO: OWNER [] SUBSTANTIAL ARCHITECT [] CONTRACTOR [] COMPLETION FIELD [] OTHER [] AIA DOCUMENT G704 PROJECT: LIBR/~¥/POLICE RELOCATION ARCHITECT: Bruce A. Samuelson (name, address) ARCHITECT'S PROJECT NUMBER: 8805 TO (Owner): CONTRACTOR: Martin Construction Co. J i City of Sandy CONTRACT FOR: Renovation and Remodeling P.O. Box ll6 Sandy Police/Library Building Sandy, Oregon 97055 J J CONTRACT DATE: March 22, 1989 DATE OF ISSUANCE: August 21, 1989 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: Library and Police spaces. The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as August 18, 1989 which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or desi§nated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is attached hereto. The failure to include any items on such list does not aller the responsibility of the Contractor to complete all Work' in accordance with the Contract Documents. The date of comm~g~.e~nent of warrant, s for items on the attached list will be the date of final payment unless otherwise agreed to in ~~ _,~". Bruce A. Samuel son A.I.A. ARCHITECT BY --/ ~ DATE The Contractor will complete or correct the Work on the list of items attached hereto within fourteen (14) days from the above. Date of Substantial Completion. MartinConstructionCo. ~ IF~ CONTRACTOR BY DATE The Owner accepts the Work or desi§nated portion thereof as substantially complete and will assume full possession thereof at 8:00 A.M. (P.D.T.) (time) on August 18, 1989 (date). City of Sandy. Oregon (qo~..___~._y ~ ' c~._(~.~3~ . OWNER BY~ DATE The responsibilities of the Owner and the Contractor for sec~fty, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note--Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage; Contractor shall secure consent of surely company, ii an},.) AIA DOCUMENT G704 - CERTIFICATE OF SUBSTANTIAL COMPLETION ° APRIL 1978 EDITION · AIA~ 1978 ° 1Hr AMERICAN INSTITUTE Of ARCHIIECTS, 1735 NEW YORK AVE., N.W., ~ASHINGTON, D.C. 20006 ~70/J,~1~78 AllACIEMT 'A' ..... FIliAL PUNCH LIST Certificate of Substantial Completion Project: City of Sandy LIBRARY/POLICE RELOCATION Review Date: August 18, 1989 A review of the subject project was made on August 18, 1989 for completion of items noted on the July 24, 1989 Preliminary Punch List and subsequent reviews made on August 2, lg8g and August 11, 1989 and in our letter dated August 11, 1989. In addition to the submission of the Project Close Out data as noted in our letter dated August 14, 1989 the following work is to be completed or to receive attention within the fourteen (14) day time period as noted in the Certificate of Substantial Completion: LIBRARY SPACE: £NI'RY (1) Provide "plugs"/"fillers" at holes in Entry doors where the original "push bars" were removed for the new Panic Bar hardware installation. Fill one (1) screw hole in north jamb of north door below Panic Bar. Provide two (2) Panic Bar "DOG" keys to allow operation of Panic Bar as deadlatch locking. CIRCULATION (2) Install security system Key Pad. Reinstall original Motion Sensor units on ceiling as required to cover access routes and entry points. Complete,Security Intrusion Alarm work and provide Training Sessions. Install Book Drop cabinet & complete metal chute extension when cabinet installed. Install two (g) missing light fixture lense frames & lenses. Clean light fixture lenses. Replace ceiling tiles with observable stains, deflects/damage. Install cover plate at lighting gang switches. Fill-in/close-up gap between wallboard and top of Display Cabinet. LIBRARY/STACK (3) Install (9) missing light fixture frames & lenses. Complete Security Intrusion work by installing original Motion Sensor units on ceiling as required to cover access routes and entry points. Clean light fixture lenses. Install Access Panel door at south wall. Install "Emergency Light" fixtures at locations noted. Provide free-standing shelf "tie down" strap anchors. WORK RC)OH '(4) Light switches do not operate lights - revise power circuit as Office (5) lights must be "On" in ordec for the Work Room light switches to operate/control lights. Replace damaged ceiling tiles. OFFICE ($) Install Access Panel g south wall. Replace damaged ceiling tiles. Clean light fixture lenses. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 F/U(: 239-4045 August 14, 1989 Project: City of Sandy LIBRN~Y/POLICE RD.OCATZOll Hr. R~ch Stlkett ~rttn Construction Company 1404 N.E. 111th Portland, Oregon 97220 Dear lb'. Stlkett: As the subject project is now near completion, we take this opportunity to note the follc~ng Pro~ect C1oseout submfsstons to be made prior to approval of the final Application for Pa~ent/release of Retatnage. Our comments only pertain to the requ~re~nts Jn the Technlcal SpecJfJcetJons~ please refer to the ~ne~al and Supple~ntal Specifications or requests f¢om the Ctty of ~ndy for submissions requ~e~nts necessary tn those secttons that were prepared by the Cfty of San~. ~-8 Cl~n~p. ~-9 ~ffcates of Ins~fon ~ ~~y. ~-14 S~fal Guarani. · ~15 Replac~nt of ~~ GI~s. (I pane e skylight) ~-17 S~s~ntJal ~lett~. ~ ~21 ~han1~l and ET~rtcal R~d ~2 ~11tfon ~. (locate extstfng pipes) ~ St~l Tfe ~ Str~s. (provtde and install) ~lO Guarani. ~-3 ~ntenan~ ~tal. (provtde quantJt~ noted) ~-~ " C1~n~ng and Ftntsht~. 1~-9 ~ran~. 1~-13 ~ratJon ~d ~tn~~ ~n~l. 1~-15 R~ord 1~-7 Rjr ~la~e. 1~-3 R~d I~o~tt~. 1M~ ~anty. 1M-ZlB Tratn1~ ~ss1~s. (Alarm syst~) Sincerely, ce: ~. ~1~ ~o~h~d STO~ (6) Provide "typed" Electric Panel breaker schedules. Switch does not operate east room light fixture. Install cover plate at duplex outlet below £1ectric Panel. ~#'s LAV. (8) Urinal not installed at noted 1'-5' height - is installed at normal 2'-0" lip and not accessible for Handicap or small children - reinstall at 1'-5" height & replace wainscot paneling. HALL (9) Install missing mounting screws under drinking fountain to hold tight to wall. Install Security System Key Pad control. STORAGE (10) Replace broken light fixture lense. Switch does not operate light fixture, install plate. I~ETING/CONFERENCE ROOM (11) Verify I.G. outlet/circuit properly wired. Hot all light fixtures work on switches. Clean light fixture lenses. Install Emergency ltght fixture. Complete Security Intrusion Alarm work by installing ortginal Hotton Sensor units on ceiling as required to cover access routes and entry points. Gouges in face of door to Storage Room filled but if patch can not be "blended in" to be less apparent, door will have to be replaced with new door. Provide continuous applied stop at jamb & head as detatled to cover up original screw holes in frame. Install missing screw at south end of threshold and replace center screw with one to grip floor and stay tight/in place. HALL (12) Install missing lense on ceiling light fixture. JUVENILE/CHILDREN (14) Install missing lense on one (1) ceiling light fixture. GENERAL Confirm that flex ducts are banded/attached to main ducts so as not to come loose. Remaining insulation from ceiling was not installed above tiles but taken from site in two (2) t~uck and two (2) trailer loads - return/replace and install insulation batts above ceiling for full original 6" depth (letter 8-11-89). Set/add pins at HVAC Time Clock to operate on provided on/off schedule. POLICE SPACE: OFFICE (21) Remove present sheet vinyl flooring, patch/fill/level floor slab and install new sheet vinyl flooring. SHO~r.R (36) Reinstall shower door so that doors recess into tracks at jambs for full height of doors. HALL (41) Provide "typed" Electric Panel breaker schedule. Install missing Emergency Light fixtures.at various rooms. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 Project: October 23, 1989 J~ E C E I V E D CitYLiBRARY/POLIcEof Sandy RE~OCATIOM clr¥ oi:,tl l _ Mr. Rich Silkett Martin Construction Company 1404 N.E. lllth Portland, Oregon 97220 Dear Mr. Silkett: While at the project site on October 20, 1989 for the City of Sandy's OPEN IK)US£ for the new Library and Police facilities, we took the opportunity to review the two (2) spaces for attention/completion of the PUNCH LIST items that were noted on our August 18, 1989 ATTACHMENT "A" to the Substantial Completion form forwarded. Enclosed is one (1) copy of the August 18, 1989 Attachment "A" which has the noted "completed items" crossed off and the 'uncompleted items" retained. This listing is now more that two (2) months old and as you will note, approximately "half of the noted items remain uncompleted". The electrician was at the site on October 20, lgsg and was installing the new EMERGENCY LIGHT fixtures but as it is unknown if ALL work had been completed prior to their leaving the site at about 2:30 p.m., we have left that item noted as incomplete on the enclosed copy of Attachment 'A". The enclosed copy of our August 14, 1989 letter listing the required Project Close Out submissions has been marked to "cross off" information that has been submitted or completed. The remaining items noted MUST BE submitted prior to our forwarding any Payment Application to release RETAINAGE on this project. In addition to the items remaining on the Attachment"A" that are yet to be completed, the following items were noted or pointed out to us on October 20, 1989: LIi)J~JM~Y ~ACE woP3c ROOK (4) Duct insulation is visible through the supply air diffuser and may restrict air or distribution, repair. LIBRARY/STACK (3) Install extra new EXIT sign at wall above entrance to HALL (9). Refer to letter dated September 6, lg8g. Page 2 HALL (9) Install missing EXIT sign at wall and above door to CONF./MTG. RM. (1). Fix 'Leak' at drinking fountain. Prompt attention to this matter may save you the cost of replacing the new carpet should it be damaged through continuation of this leak. V/U~IOUS LOCATIONS We noted a number of "pops' starting to show at the new wallboard. These are to be repaired, surfaces 'textured' to match and the wall repainted. [Repainting to be provided so that 'spot painting' is not obvious.] REC£PTION The 'Electric Strike" at door g3A is no longer 'audible' - repair or replace strike so that unlocking sound is audible. Also adjust operation of door 23A so that it 'latches' when closed. S(IUADR(X3M(3Z) The connection of the Hot & Cold water supply to the sink are 'backward". The cold supplies 'hot" and the hot supplies 'cold' water - reverse supply pipe connections at faucet or wal'l stops. In addition to the original ceiling insulation that was removed from the site instead of being reinstalled as noted in the Contract Documents, it has been brought to our attention that the following items have turned up as "missing' after the clean up of the LIBRARY space by your staff: One (1) 10' step ladder that belongs to a Police Reserve member and was left at the site for the volunteer painter to use. One (1) 100', l0 ga. extension cord [black cord with white end connectors] that belongs to the Police Chief. One (1) music sound system that supplied music to the LIBRARY space. The receiver had been mounted at a shelf on the east wall of the Mezzanine. To date we have not received a response of 'cost" to furnish and install missing/ damaged light fixture lenses/frames as requested in Proposal Request No. 8 dated May 3, lgSg. To date we have not received a response of the 'CREDIT" back to the City of Sandy for not installing the original Motion Sensor units that have been noted to be defective/ broken. As the original Contract Documents noted the original Motion Sensor units were to be 'reinstalled', the matter of acceptance of the Intrusion Alarm System at the Library is still not resolved or settled. Refer to Proposal Request No. 13, dated September 25, 1989. There is also a need to resolve the reported 'cost' to replace the original thermostats that apparently had been damaged when removed by 'others' The submitted 'cost' lists four (4) new thermostats being installed but we still oniy find three (3) thermostats installed/required. We can not approve payment for a new thermostat not required or installed at this project. Page 3 Our office has exhausted hope of having items on this project completed and as we do not wish to continue to loose money spending additional time that ts not reimbursable on this project, we are recommending to the City of Sandy that they notify the Bonding Agent of the need to have them complete the work under the provided Bond. You may wish to discuss this matter with the City of Sandy as to if they wish to provide you with a stipulated time period for completion of this project but if they do, that will be entirely their prerogative as we hold little hope. In addition, we have received word this morning that the Library Skylight is 'still' leaking. Please review and stop the leak. Again prompt response may save you additional cost to replace new carpeting that could be damaged/stained. Also, please return the "borrowed" Map Shel~ to the Library (or) if lost, have a new one manufactured. Sincerely, Bruce A. Samuelson, A.I.A. BAS: kp cc: Mr. Clay Moorhead w/enclosure Enclosure ATTACF~NT 'A' ..... FINAL PUNCH LIST Certificate of Substantial Completion Project: City of Sandy LI BRARY/P~I CE RE~OCATI OM Review Date: August lB, lg8g A review of the subject project was made on August IO, lgBg for completion of ttem~ noted on the July 24, lgSg Preliminary Punch List and subsequent reviews made on August 2, lgsg and August ll, lgS9 and in our letter dated August ll, 1989. · , In addition to the submission of the Project Close Out data as noted in our letter dated August 14, 1989 the following work is to be completed or to receive attention within the fourteen (14) day time period as noted in the Certificate of Substantial Completion: LIBBY SPAC4C: F~Y il) CIRCULATION (2) Reinstall original ~otion Sensor units on ceiling as required to cover access routes and entry points. Complete .Security Intrusion Alarm work and provide Tr'aining ~esstons. Install Book Drop cabinet & complete metal chute extension when cabinet installed. Install two (2) missing light fixture lense frames & lenses. Clean light fixture lenses. t~?/~ (3)- Install (gl missing light fixture fra~s & lenses. C~plete Security Intrusion work by installing original ~tion Sensor units on ceiling as required to cover access routes and entry points. Clean light fixture lenses. Znst~11 '[merge~c~ Ltgh~' ftx~u~es at l~at~ons notK. ~ R~ (4) %% STO (6) Provide 'typed" Electric Panel breaker schedules. Install cover plate at duplex outlet belw Electric P&nel. I(.N'S LAY. (8) Urinal not installed at noted l'-S' height - is installed at normal 2'-0' lip and not accessible for Handicap or small children - reinstall at 1'-$' height & replace wainscot panel trig. HALL (9) Replace broken light fixture lense. ~itch does not o~rate light fixture, install plate. ~I~/CO~)CE R~ (Il) Hot all l~ght fixtures ~otk on s~tches. Clean l~ght f~xtu~e lenses. Install Emergency light fixture. Complete ~curity Intrusion Alarm ~rk by installing original ~tion Sensor units on ceiling as required to cover access routes and entry points. ~es in face of door to Storage Room filled but tf patch can not be 'blended in' to be less apparent, door will have to be replaced with new ~oor. [ns[a]] missing lense on cet]~ng ]foht ~N[LE/CH[L~ 2ns[a]~ mlsstng ~ense on one (1) cet~ng Re~tnfng insulation from ceiling was not tnsta~ed above tf~es but taken from site In t~o-(2) true'and t~o (2) · rat~er ~oads - re~urn/rep~ace and install insulation b~tts above cat]trig for fuji orfgAa]~6" depth (~etter 8-~-8g). ~ICE SPACE: Reinstall sh~er door so that doors recess into tracks at doors. ~t (41) Provide 't~ed' Electric Panel breaker schedule. Install missing ~rgency Light fl~ures .at varies r~. %% ARCHITECTUHE BRUCE A. SAMUELSON ~lJ~ 35 N.E. 17th Avenue · Port,and. Oregon 97232 · (__r~O3) 23S-7.~6 FAX: 239-4045 August 14, 1989 ProSect: City of Sandy !~. Rfch Stlkett '~,F~rtfn Construct(on Coap&ny 1404 H.E. Illth Portland, Oregon 97220 l)ear ~r. Stlkett: As the subject pro~ect ts no~ near coaplet(on, we take thf$ opportunfty to note the foll~ng ~~ CTo~ submfssfons to be ~6e Qrlor to approval of the final ~plfcatfon for Paint/release of Retatnage. Our c~nts onlx ~r~n to the requ~r~nts tn the Technical Specfffcatfons~ 9Tease refer to the ~neral Supp~e~ntal Spectffcatlons or requests fr~ the CitX of ~ndX for subafssfons or renu(feints necessarx fn those sectfons that were prepared bx the CitX of San~. .~-14 S~tal G~ran~. · ~17 al C~Tet f~. ~,-,21 ~~1 and ET~f~l ~2 ~11tfon ~. (locate extstfng ~ID ~-3 ~Tnt~n~n~ ~tal. (provide quantity no~d) 1~-9 1~-13 ~ratfon ~d ~n~~ ~1. I~-1S ~rd 1~-7 R~r ~la~. 1~ S1nceeel~, ~ ~uce A. Sa~els~n, A.I.A. I~: kp cc: W. Cla~ ~oehead ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: Z39-4045 September 20, 1989 Project: City of Sandy L:[BIum~y/POL]:CE REL0C~TI~E C E ! V E !' Mr. Rich Stlkett THE CITY OF SAND' Martin Construction Company 1404 N.E. lllth Portland, Oregon 97220 Dear Mr. Silkett: This letter is to inform you that the City of Sandy has proceeded with rekeying of the Meeting Room exterior door lock cylinders and the cost for that work will be deducted from funds held in retainage. As since a conversation this morning indicated the plumbing 'leaks' and sewer 'blockage' has not received any attention per prior request, we have instructed the City to proceed on having this work provided "by others" and again the cost for this work will be deducted from the Retainage amount. Ample time has passed without any response to complete the remaining Punch List items, so the City has been requested to proceed with that work 'by others' also and those costs will be deducted from the Retainage being held. As some of the Electrical items yet to be completed involve installation of "ordered equipment", it would be to your best interest to have the electrical work completed by the original subcontractor as having 'others' order new equipment, you may end up pay- ing for it twice. The remaining electrical work will not be requested from "others" until next Wednesday {Sept. 27, !989) to allow you a few days to have that work completed under the original Contract and possibly reduce your "cost" for this work. We have received a telephone call from Mr. Mike Walker of the City of Sandy and to date the City of Sandy has received No Copies of Certified Wage forms la138for your employees or those of subcontractors performing work on the subject project. It has been noted that No further pajaments will be made until ALL necessary lml138forms are submitted and verified as to compliance by the City. Sincerely, .~ '~BruceA. Samuelson, A.I.A. BAS:kp cc: Mr. Clay Moorhead ARCHITECTURE BRUCE A. SAMUELSON A.I.A. '~'~' F.~ 35 N.E. 17th Avenue · Portland, Oregon 97232 * (503) 239-7526 FAX: 239-4045 September 15, 1989 Project: City of Sandy LIBRARY/P(M. ICE RE4.0CATIOM Mr. Rich Silkett Martin ~o,,st, uc.3v,, Company 1404 N.E. lllth Portland, Oregon 97220 Dear Mr. Silkett: We have talked with the Library staff and apparently little of the remaining Punch List items have received attention; the Alarm System is still not operational; the "Keying' problem has not been solved at the Meeting Room door and the lockset at the Storage Room door is still a problem. As the ability to unlock the Meeting Room 'Panic" cylinder is important, we have instructed the City to have a local locksmith rekey the cylinder on Monday, September 18, lgsg and forward his Bill/Invoice to our office. Please decide if you want to pay directly or to have the City pay and we will deduct the amount from funds remaining. Lack of response has now gone too far beyond reasonable expectations. Starting next Monday - September 18, 1989 we will follow the same process on the remaining items to be completed and have the work provided by others unless you can provide a date that the work will be completed. Sincerely, Samuelson, A.I.A. BAS: kp cc: Mr. Clay Moorhead ARCHITECTURE " BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 '[SE ~'['( ~AX:" 239-4045 September 8, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Rich Silkett Martin Construction Company !404 N.E. l!lth Portland, Oregon 97220 Dear Mr. Silkett: As noted in our telephone conversation this afternoon, there still may be a problem in the KEYING at the exterior door to the Meeting Room. The City has been provided keys that operate the "Deadlock" but will not operate the "Panic Deadlatch" cylinder. Enclosed is an additional copy of our July 10, lgSg letter which noted the KEYING system for the Library space that consisted of a Master to operate ALL LOCKS and two (2) different Sub-master key groups. As the space is now being occupied and used, please review the keying with Ms. Newlands to be certain that the noted functions are provided per the July 10,-'~9 letter. It has now come to our attention that apparently at least Dave and Steve have keys to open the Library space. Once the final keys are turned over to the Owner, workmen should not have access to or use of keys to the space. They should NOT have been given a key (or) retained keys. This is for YOUR protection, as since Martin Construction or their workmen have keys, any or all are suspect and potentially liable should anYthing now happen to the space since the keying has been provided. Please collect ALL Copies of any keys in Martin Construction's, your workmen's or subcontractors' possession and deliver ~- ~,,~,,, to Ms. Newlands right away. Should you need access to the space, it will be necessary to have 'someone" provide access. Also, please correct the problem with the Storage Room exterior door lockset right away if it has not already been corrected/replaced. As the new ALARM SYSTEM is apparently now installed, please make arrangements with ADT to provide the Instruction Sessions as specified and confirm that the two (2) ZONE system is operational per the enclosed copy of our July lg, lgsg letter. The reason for the installation of the original detector units is because ADT did not respond in writing as requested and since the space is now Occupied, the system had to be made operational without expenditure of any additional funds as any cost increases must be approved by the City Council. There was no longer time to,att. Page 2 Also, apparently the "Time Clock" for the H.V.A.C. units still has not been set for, or pins added for, operation as noted on the enclosed copy of our July 21, lgSg letter. Please confirm that this work is provided right away. As all spaces for this project are now occupied, the remaining work must be provided imediately as if there are any further delays in the completion, the City of Sandy will have work provided 'By Others' and let our office know what costs have been incurred and that/those sums will be deducted from the remaining Retainage amount. Sincerely, Bruc~e A. Samuelson, A.I.A. BAS:kp cc: Mr. Clay Moorhead w/enclosure ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX.' 239-4045 September 15, 1989 Project: City of Sandy LIBit~J~Y~I~~~ Mr. Rich Sflkett Martin Construction Company 1404 N.E. lllth Portland, Oregon 97220 Dear Mr. Silkett: We have received word from C.S. Clift & Sons, Inc. this morning, that apparently they have not to date received any payment for the new cabinet work provided at the subject project. In reviewing your Application for Payment request No. 4 dated June 30, 1989, which is the last Payment Request in our project file, we find no listing of 'casework' as a separate line item but assume the cost for this work is included in the line item for SUBCONTRACT at a Scheduled Value of $44,301.00. By your Payment Request No. 4, we note this work billed as 90% completed with a 'Balance to Finish' and 'Retainage' sum totaling $8,417.1g. This amount is only about 68% of the costs for the provided casework that apparently has not been paid. As there have been Payment Applications forwarded and payments processed based upon the amounts applied for and reviewed as to work/material in place, it is assumed that funds paid to Martin Construction by the City of Sandy for this project would be dispersed to subcontractors who provided work/material in place per the Application for Payment. Again we are not receiving the copies of the Certificate of Pm)merits back at our office as requested, so we have no record to review as to payments received. As there is now notification of two separate payments having not been made for work in place at the time of application, it will not be possible to authorize further payments on this project until satisfactory evidence is received that subcontractors/ suppliers have received payments. Sublaission of completed, notarized and signed standard LXEll RELE~ llAJVERS will be considered as satisfactory evidence of payment. Prior to our office reviewing any future Applications for Payment and forwarding them to the City of Sandy for processing, it will now be necessary to submit original £XEM RELEASE forms from ALL SUBCONTRACTORS AMD MATERIAL SUI~PLXEitSwho furnished Labor and/or Page 2 Material/Supplies/Services on this project in excess of a valuation of $200.00. As no other persons have access to the completeness of submitted LIEN RELEASE forms for all individuals/firms with costs exceeding the sum of $200.00, Martin Construction will be held responsible for providing forms from all individuals/firms involved. Please accumulate all LIEN RELEASE forms necessary and submit them to our office at one time. The faster the Lien Release forms are submitted the faster payment can be processed. Sincerely, Bruce A. Samuelson, A.I.A. BAS:kp cc: Mr. Clay Moorhead ARCHITECTURE TH£ CITY OF SANDY BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 September 5, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATI011 !~. Rich Silkett ~rtin Construction Company 1404 N.E. 111th Portland, Oregon 97220 Dear Mr. Silkett: Thank you for meeting us at the LIBRARY space on Saturday September 2, 1989 to review completion of the items noted on the FINAL Punch List attached to the Certificate of Substantial Completion dated August 18, lgSg. The Certificate of Substantial Completion noted that all work noted was to be completed within 14 calendar days, which would indicate that it should have been completed at the review on September 2, 1989. Enclosed is one (1) photocopy of the original August 18, 1989 Punch List with completed items "crossed off". As you will note, only eleven (ll) of the original forty-three {43) items noted have been attended to. This would not indicate compliance of completion within the noted time period. To confirm our verbal notification at the site on September 2, lg8g, it is Mandatory that you have either the original Electrical Subcontractor (or) a replacement Electrical' Subcontractor on the Jobsite on Tuesday September $, lg8g to complete the re~ining elect¢ical work for Occupancy/Use on September 7, 1989. As noted, if *there is not an Electrician on the site by noon Tuesday September 6, 1989, the City of Sandy will make arrangements for an Electrician to provide the remaining work on a 'Time and Material" basis and the cost for that work will be deducted from funds remaining to be disbursed on this project. It was noted that at the time of review at l:O0 p.m. on September 2, 1989 that new wallboard was in place at the relocated/new shelf backing supports added and the joints finished and surface textured. The painting work had not yet been provided and prior to leaving the site the new paint, furnished by the City of Sandy, a $ gallon container of paint was made available for use at thework area. Page 2 In addition to the items noted on the August 18, 1989 Punch List, the following new items have been discovered: STORAG (6) The new Schlage lock cylinder has been installed at the exterior door but the lockset needs repair/replacement as a simple 'turning' of the locked exterior knob unlocks the door. The present (new) light fixture needs to be relocated west as the door strikes it when opened. II~EL-'TING/C~NCE (111 Rekey the 'Panic' lock cylinder to operate on the Grand Master key that operates the dead lock. Install one (1) missing fluorescent light fixture at the northeast corner of the room. As the POLICE space was not open on Saturday, the items noted for that space could not be reviewed. Please verify that the noted items have been completed. Sincerely, Bruce A. Samuelson, A.I.A. BAS:kp cc: Mr. ClayMoorhead Enclosure' AI~ACI~4ENT 'Aa ..... FINAL PUNCH LIST Certificate of Substantial Completion Project: City of Sandy LIBRARY/POLICE RELOCATIUN Review Date: August 18, 1989 A review of the subject project was made on August, 18, 1989 for completion of items noted on the July 24, 1989 Preliminary Punch List and subsequent reviews made on August 2, 1989 and August 11, 1989 and in our letter dated August 11, 1989. In addition to the submission of the Project Close Out data as noted in our letter dated August 14, 1989 the following work is to be completed or to receive attention within the fourteen (14) day time period as noted in the Certificate of Substantial Completion: LIBRARY SPACE: ENTRY (1) -~-~ ' ~ north deer below P~nic R~_ CIRCU~TION Install security system Key Pad. Reinstall original Motion Sensor units on ceiling as required to cover access routes and entry points. Complete Security Intrusion Alarm work and provide Training Sessions. Install Book Drop cabinet & complete ~tal chute extension when cabinet installed. Install two (2) missing light fixture lense fra~s & lenses. Clean light fixture lenses. ~11-~n/close-up gap between wallboard and top oe Displa~ Cabine~. L Y/ST (3) ~ns~11 (g) missing l~gh~ ~x~u~e ~ames & lenses. Complete Secu~ ~n~us~on wo~ b~ ~ns~811~ng o~g~nal ~o~ion Senso~ units on ceiling as ~equ~ed ~o cove~ access ~ou~es and en~ points. Cle~n 11ghC ~ixCu~e lenses. Install Access "--~ .~. at .... ~h ~:11 Install "Emergency Light" fixtures at locations noted. (4) Light switches do not operate lights - revise power circuit as Office (5) lights must be "On" in order for the Work Room light switches to operate/control lights. ]CE (S) Clean light fixture lenses. STORAGE (6) Provide "typed" Electric Panel breaker schedules. Switch does not operate east room light fixture. Install cover plate at duplex outlet below Electric Panel. HEN'S I.AV. (8) Urinal not installed at noted 1'-5" height - is installed at normal 2'-0" lip and not accessible for Handicap or small children - reinstall at 1'-5" height & replace wainscot paneling. HALL (9) Install missing mounting screws under drinking fountain to hold tight to wall. Install Security System Key Pad control. STORAGE (10) Replace broken light fixture lense. Switch does not operate light fixture, install plate. MEETING/COI~'ERENCE ROOM (11) ,, Verify I.G. outlet/circuit properly wired. Not all light fixtures work on switches. Clean light fixture lenses. Install Emergency light fixture. Complete Security Intrusion ^1arm work by installing original ~otion Sensor units on ceiling as required to cover access routes and entry points. Gouges in face of door to Storage Room filled but if patch can not be "blended in" to be less apparent, door will have to be replaced with new door. ....... ~ .,g.../i - Install missing lense on ceiling light fixture. JUVENILE/CHILDREN (14) Install missing lense on one (1) ceiling light fixture. GENERAL Confirm that flex ducts are banded/attached to main ducts so as not to come loose. Remaining insulation from ceiling was not installed above tiles but taken from site in two {2) truck and two (2) trailer loads - return/replace and install insulation batts above ceiling for full original 6" depth {letter 8-11-89). Set/add pins at HVAC Time Clock to operate on provided on/off schedule. POLICE SPACE: OFFICE (Z1) Remove present sheet vinyl flooring, patch/fill/level floor slab and install new sheet vinyl flooring. SHO~.R (36) Reinstall shower door so that doors recess into tracks at jambs for full height of doors. HALL (41) Provide "typed" Electric Panel breaker schedule. Install missing Emergency Light fixtures.at various rooms. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 August 11, 1989 Project: City of Sandy LIBRARY/POLICE REOUTIOII Mr. Rich Silkett i~c~.ll/~l: Martin Construction Co,any 1404 N.E. lllth AUG ! Portland, Oregon 97220 · THE CITY OF Dear Mr. Silkett: To confirm our conversation by telephone this date, we again reviewed the project on August ll, 1989 for completion of the July 24, 1989 Preliminary Punch List amended for work completed on August 2, 1989 and again as to work completed on August ll, lgSg. Most items had been attended to but there still remain items to be completed as noted. As to the installation of the INSULATION above the T-grid ceiling, the present work is not considered complete. There is still a 'LOT' of insulation up in the Mezzanine to be installed. The original insulation was to an approximate 6' thickness, which in most cases was "at least" two (2) layers of the fiberglass batts. As some of the ceiling tiles were removed for the Fire/Security work in progress, it is evident that not all portions of the ceiling has received even one (1) layer. ALL of the insulation batts are to be installed above the Library ceiling tiles and with complete coverage. The provided "patch" at the STORAGE RM./MT'G. Door face is quite noticeable. For the 'patch' to be approved, a good "stain" workman will have to provide some magic work to blend the patch in with the rest of the door skin - this may require he 'stain' the whole face of the door on that side to blend it in. The original duct 'hole" through the Mezzanine floor has not yet been 'filled-in' as previously requested. As the "stored material' is now partly out of that space, it is now possible to gain access and do this work. Also, all of the old ceiling tiles can be removed and disposed of now that the ceiling work is completed. - Page 2 Please reread Specification Section S.G.C.-8 as to the "Cleaning-up" work to be provided. A (dry) sweeping of the floor was being provided but unfortunately that leaves all of the "dust" - section S.G.C.-8 (6) notes use of a "Sweeping Compound" for the clean-up as that collects the dust - an alternate now would be to vacuum clean the entire space. The windows and window sash are to be "washed and cleaned." At the JUVENILE/CHILDREN (14) space, please fill in the original ceiling Light Track fixture holes where tracks have been removed. As the ceiling tile was mostly in place, please verify that the 'flex' ductwork has in fact been anchored to the metal ductwork with 'bands or straps" to hold it in place. Please install a lense at the installed fixture at the ceiling at the bottom of the Mezzanine stair. We will again review the project when it is reported that all remaining work has been completed. Sincerely, Bruce A. Samuelson, A.I.A. . BAS:kp cc: Mr. Clay Moorhead w/enclosure / -' ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX; 239-4045 ~uly 24, 1989 Project: City of ~ndy UBI~I~y/i)OLlC~ RELOC),TIOI ~, R?ch St?kett ~rtin Construction C~any 1404 N.E. Illth Portland, ~egon 972~0 Dear Mr. Stlkett: ~ had an opportunity to review the subject project on Saturday July 22, 1989 and we were surprised to find little work completed since our revfe_w on Tuesday July 18, 1989. This project must not be allewed to Drag ~ with little progress as there will remain a lot of 'Finish work' for the City to complete prior to use of the LIBRARY space and the City has agreed to not rush occupancy of this si)ace and thereby being forced to accept a lesser finished product. It is acknowledged that there still is considerable'work to l)e completed, but as an attempt to allow work on some noticed items to receive attention while the remaining work is being provided, we have invested extra time on this project to provide you with a preliminary listing of work noted to be completed or receive additional attention. I>RELIMI~Y !~ Lib ENTRY (i)" Clean taping splatters from doors, frames and wooo~x)~k. CZRCULATIOM (2) Install 8oak ~op Cabinet & metal chute extension as detailed. Complete new floor Services. ]nstall (2) missing light fixture lenses. Clean light fixture lenses. Instal 1 ceiling =bl=l~tnsulatton. Lt~Y/STAC~ (3) Install cetltng=C4=Ti~-t Insulation. ~ T --'" si' "~';;' ~""' '~ m ~ ~-'-'-- ~ ]nsta11 ~cess Panel d~r, south ~11. }' Clean L~ght ftxture lenses. ( "~nd/at~ach" flex duct~rk to rata1 ductmrk to hold tn pla~. · ~ ~ (4) Cle~n-up ~nd~ glass & ~ ([) ' ..... '-" .... ~ Install new 119ht flxtu~es. C~lete switch ~nstallat~on%__ ~'S ~V. (7) Repair "nat1 pops" east ~'S ~V. (6) ~ve I reset urtnal to 1'-5" (handicap) ~tght sh~ · no~l' 2'-0" 11p height, leplice ~ltnKot ~l~1 tf n~essir~ (no pitcht~). ~ (~) PaGe ~ (lO) ~z~~ ~ (11) Instal I c~uter (I.G.) outlet ~ south ~11~~E~TCy ~t a~] l~'~ght ftxtu~es ~o~ked on s~tches. C~e~n l~ght ~enses. CTean ~,d~ 9Tass & sash. St~TT ~o~e tn ~to~. ~. doo~ face,' ~H'~ ~w~- Znsta11 ~cur~ty system. "~' -' ~-~ bnd/strap fTex duct~rk to ~tal duc~rk to hold ~n ~lace. %~stall ce~l lng~lnsulatt~, ~ (IZ) ~Y. (]3) ~o ne~ ~o~k ~n contract. .. ~l~/~l~ (]4) Install handrails at Ra~. ~ve extra a~u~./gTa~s door to storage at Sincerely, Bruce A. Sa~elson, A.I.A. ~:kp cc: Hr, Clay J~orhe&d ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 August 2, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Clay Moorhead J~ E C E ! V E~ D City of Sandy P.O. Box 116 Sandy, Oregon 97055 Dear Mr. Moorhead: ,~NE I~T¥ OF SANDY Enclosed is a copy of a July 31, 1989 letter from Mr. Rich Silkett of Martin Construction that notes an anticipated Com~)letion of the work on August 4, 1989. Based upon our review of the project this morning, we would think that, with serious efforts by all individuals, August 9th or lOth would be more realistic as a date for the remaining items to be completed/receive attention. As to the sewer drainage problem, apparently the IIEW sewer pipe installed was plugged with dirt and rocks which apparently were allowed to enter the new pipe when being installed for the new plumbing at the Police facility. Sincerely, ~uce A. Samuelson, A.I.A. BAS: lc MARTIN CONSTRUCTION General Co ntracto rs C o M PA N Y 10327 N.E. Morris Street Portland, Oregon 97220 (503) 252-5500 Bruce Samuelson, AIA July 31, 1989 BAS Architure Portland, OR 97202 RE: City of Sandy A~ 2 ~89 LIBRARY/POLICE RELOCATION ~'~.O~~~].A. Dear Bruce, This is in response to your letter of July 26, 1989, regarding completion and schedule for the Police and Library portion of this project. We regret that it has taken as long as it has to finish and appreciate the citys' patience· However, until now, we have not mentioned anything about the time impact that the City has had on the project in the way of changes and volunteer work· There have numerous times that we have had to hunt and search for itmes needed. Some of the work that has been done by the City has had to be corrected. We won't itemize anything at this time but there have been enough to effect schedule. The schedule for completion is that Martin Construction and their subcontractors will finish by August 4, 1989. The project is in a stage where it appears that "little or no progress" is being made. There is very little left to do and so it appears that way. Please review this and if you have any questions, contact me. Thank you. Respectfully, Rich Silkett ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 August 2, 1989 Project: City of Sandy LIBRARY/POLICE IELOCATIOM Mr. Rich Silkett Martin Construction Co. 1404 N.E. Illth Portland, Oregon 97220 Dear Mr. Silkett: While at the project site on August Z, lg8g, we noted a leak at the reglazed/ resealed original skylight that was dripping on the floor. It was reported that the leak was from the lack of a Ridge flashing member being used at the original frame. To solve the potential leak at that point, we authorized installation of a ridge cap lashing full length of the skylight. Please be aware that if the addition of the ridge flashing cap does not solve the present leak the cost for that will not be "chargeable' if it turns out that the present leak is occurring at/along one of the glass panes installed new or that were removed and reinstalled with new sealant. We also authorized procurement of 'cover plates' to cover over/seal up the prior deadlock that was removed at the retained Exterior,door of STORAGE (6) space. In addition, we requested a "cost' to replace the present retained panel door to LAVATORY {13) with a new I-3/8" hollow core flush door installed to the present frame to be retained. As apparently the City Council is considering a future 'upgrading' of the present fixtures in this room, it would be advisable to provide the door work at this time. Please notify our office of the cost for this work as soon as possible so that we 'can review the "cost" with the City of Sandy to see if the work should proceed at this time. Sincerely, Bruce A. Samuelson, A.I.A. BAS:lc cc: Mr. Clay M°orhead ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E, 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 August 2, 1989 Project: City of Sandy LII~RAI~Y/POI. ICIC RELOCATIOll Mr. Rich Stlkett Martin Construction Co. 1404 N.E. lllth Portland, Oregon 97220 Dear Mr. Stlkett: Thank you for meeting with us at the project site this morning to review the completion of the project. Upon return to our office we received your July 31, 1989 letter noting anticipated completion of all work on August 4, lgSg (noted possibly August $, lgSg while at the site), but we would feel those dates optimistic. We would anticipate work still being provided until about August gth or 10th. The 'floor patching' work for the new carpeting is presently scheduled for Monday, August 14, lgSg and, therefore, all of the construation work must be completed by that date and the interior and exterior properly cleaned so that the carpet work can proceed. As quite a bit of work remained to be completed from our July 24, lgSg Preliminary Punch List, we enclose one {1) copy of those three (3) pages with those items deemed completed/attended to crossed off. Additional work after we left the site will undoubtedly complete other items not crossed off. As OFFICE (5) was unlocked and could be reviewed, we provide the following Punch Items to be added to those previously noted. (X='FZC[ (s) Remove tape from ceiling grid, install ceiling tiles and insulation. Fill nail holes at window and door trims. Install Access Panel at opening at south wall. August 2, 1989 Page 2 of 2 At the POLICE Department space we noted the following work to be completed: Install relocated counter tn OFFICE (21) were directed. Complete wiring/hook up of the Electrtc Door Strike. Replace the Sheet Vtnyl Floor covertng at the desk tn OFFICE (21) as Incomplete floor slab preparation prior to tntttal Installation has caused a 'break' (hole) to occur. It would appear from the surface of the Sheet Vtnyl that there are a number of surface irregularities that should have been fl!led/leveled out. The whole floor slab surface should be prepared/leveled prtor to the Installation of the new floor covering goods. Apparently the Emergency Ltght fixtures not Installed are a result of a "Backorder' from the factory - install the fixtures as soon as the~are available. As STORAGE ROOfl (10) at the Library space was locked, we did not have an opportunity to revtew tt for attention to the items noted on July 24, 1989. Sincerely, Bruce A. Samuelson, A.I.A. BAS:lc cc: Ftr..ClaxHoorhead (w/enclosure) ARCHITECTURE BRUCE A. SAMUEl_SON kix 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 F/iX: 239-4045 July 24, 1989 Project: ! City of Sandy i ]._ - - - - _ ~. Rich Stlkett ~r~n Cons~uc~on 1404 N.E. 111~h Portland, ~egon 972~0 Dear ~r. Silkett: i~e had an opportunity to review the subject project on Saturday July 22, lg8g and we ~ere surprised to find ittt]e ~rk co~]eted since our review on Tu~sda~ Ju]~ lg8g. This project must not be alined to ~ag ~ with ]lttTe progress as 'there re~tn a iot of 'Finish turk' for the City to c~]ete prior to use of the LIBBY space and the City has agreed to not ~sh ~~ of this space and thereb~ being forced to accept a lesser finished ~r~ct. %t ts acknowledged that there stti] ts considerabi~'mrk to'be c~Teted, but as attest to a]iow work on som noticed item to receive attention ~f]e the r$tntng mrk Is being provided, we have invested e~ra tim on this ~roJ~t to ~rovide ~u with a preTfmfnar~ itsttng of work noted to be c~Teted or receive additional attention. ~INI~Y $ lI~ (1)" Cle~n taping splatters icom doo~s, f~a~s and ~~. Znstall 'Panfc' h~e, stops, ney lo~s and adjust d~s fo~ p~ope~ operation. CIR~TI~ (Z) Install ~ ~op Cabinet & ~tal chute extension as detailed. ~e~e new floor Services. install (2) missing ltght fixture lenses. Clean light fixture lenses. Install ¢e111ng tiles & Insulation. Page 2 L~BI;LARY/STAC~ Install ceiling tiles A insulation. Add T-~rid bar west of A.P. framing. Kaa~s. Install ~curtty/Flre Alarm systems. Install Access Panel door, south wall. (:lean L(ght fixture lenses. 'Band/attach' flex ductwork to metal ductwork to hold in place. · · tKXU< ROOM (4) Znstall ceiling tiles & insulation. (Caulk/seal Joint e counter top & backsplash. (clean-up window glass & sash. O F]CE (S) Door locked, not possible to review. Fill nail holes at door frame & trim. STO~ (6) Complete work at £1ectrtc Panels. Install new light fixtures. (:omplete switch installation, did not operate lights. Install new Lock/Lockset at exterior door. bPOWdI'S LAY. (7) ~eal/caulk Joint between counter & stall partition. Insulate 'P' trap & supply piping ~ Lavatory/sink. Repair 'nail pops' east side of ceiling supply grille. F111 nat1 holes e frame & trim and gaps between 3arabs & head of frame at door. ~N'S LAY. (8) Install u~inal screen. Seal/caulk Joint between counter top & screen. Clean-up caulk drip running down wainscot at urinal. Znsulate 'P' trap & supply piping 0 Lavatory/sink. Remove & reset urinal to 1'-5' (handicap) height shown in Detail A/S - is installed at · normal" 2'-0' lip height. Replace wainscot panel if necessary (no patching). Fill nail holes it door fram JL trim. HALL (9) Page 3 ~ (10) .~ Rep~ce b~o~en ~tgh~ ~x~u~e ~ense, c~e~e s~tch ho~ up. ~ ~,~ south ~mb o~ d~r to ~'g. ~. I F111 nat1 holes tn door fra~s &trtm. ~Z~~ R~ (11) Znsta11 c~uter (J.G.) outlet 9 south ~11.: ~t all l~ght ftxt~es yolked on switches. Clean 11ght lenses. Clean v~nd~ glass S sash. Ftil nat1 holes ~ window ttYm, door ~a~s & trtL Sttll gouge tn 5to~. ~. door face. Znsta11 ~cu~1t~ s~stea. ~n~/strap flex ductwotk to metal duc~rk to hold tn place. Znsta11 cetltng ttle& Insulation. Clean taptng splatters fr~ doo~ to ~LL, replace/repair ~ge ~LL door frame, ft11 gaps at door fra~ Ja~s to head ptece. ~ (12) E~end orig. wood base (north wall).~ n~ o~nt~ mt top of ~V. (13) No new work tn contract. (14) ~ovide wood ~~ ~ii~ retained wood p~neling. Install handrails at Ramp. C~lete ~!sh of ~!!bcard :t rs'~!ssd r~ r:!!!~;, retexture wall and walls mt revisGd stair sides. ~ve extra mlum./glass door to storage at ~zzanine. Install co~uter (I.G.) outlet at south ~ll. Install silencers at 811 doors. Yertfy that outlet/swftch plates wtll cover c~-~ts at wallboard; tt ap~ars a n~er of cut-outs are too large for plates to cover. Sincerely, Bruce A. Samuelson, A.I.A. BAS:kp cc: Mr. Clay Iqoorhead ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX; 239-4045 July 24, 1989 Project: City of Sandy LIBRARY/I~M. ICE REOCATIOM Mr. Rich Stlkett Martin Construction Company 1404 N.E. lllth Portland, Oregon 97220 Dear Hr. Silkett: We had an opportunity to review the subject project on Saturday July 22, 1989 and we were surprised to find little work completed since our review on Tuesday July 18, 1989. This project must not be allowed to Orag On with little progress as there will remain a lot of 'Finish work" for the City to complete prior to use of the LIBRARY space and the City has agreed to not rush occupancy of this space and thereby being forced to accept a lesser finished product. It is acknowledged that there still is considerable work to be completed, but as an attempt to allow work on some noticed items to receive attention while the remaining work is being provided, we have invested extra time on this project to provide you with a preliminary listing of work noted to be completed or receive additional attention. PRLI. IMINARY PUNCH LIST Fl(TRY (1)' Clean taping splatters from doors, frames and woodwork. Install 'Panic" hardware, stops, new locks and adjust doors for proper operation. CIRCULATION (2) Install Book Drop Cabinet & metal chute extension as detailed. Install light switches. Install Track Light fixtures. Complete new floor Services. Install (2) missing light fixture lenses. Clean light fixture lenses. Install ceiling tiles & insulation. Complete wood cap at top of screen wall partition. Page 2 L[Bi~RY/STAC~ (3) Install ceiling tiles & insulation. Add T-grid bar west of A.P. framing. Install (15) missing light lense/frames. Install Track Lighting fixtures. Install Security/Fire Alarm systems. Install Access Panel door, south wall. Clean Light fixture lenses. · Band/attach' flex ductwork to metal ductwork to hold in place. Clean-up/straighten top of new LAV. wall for fit to tiles. Complete wood frame & trim e openin~ to HALL, Fill nail holes e Work Rm. relight Trame & trim. WORK ROOH (4) Lights did not operat~ with switches. Fill nail holes e Rel~ght frame & trim & door frame & trim. Install ceiling tiles & insulation. Caulk/seal joint e counter top & backsplash. Clean-up window glass & sash. OFFZ~ (5) Door locked, not possible to review. Fill nail holes at door frame & trim. STOP~ (6) Complete finish ~ wallboard work, refinish where rough. Complete work at Electric Panels. Install new light fixtures. Complete switch installation, did not operate lights. Install trim @ both side of door from Library space, clean off taping mud from door jamb. Install new Lock/Lockset at exterior door. I~FOI~'S LAV. (7) Seal/caulk joint between counter & stall partition. Install m~ssing light fixture. Install Floor Drain cover. Insulate 'P" trap & supply piping @ Lavatory/sink. Repair 'nail pops' east side of ceiling supply grille. Patch wallboard at east door jamb where trim does not cover gap at rough opening. Fill nail holes e frame & trim and gaps between jambs & head of frame at door. I~N'S LAV. (8) Install urinal screen. Provide plas. Lam. cover at end of countertop beyond screen. Seal/caulk joint between counter top & screen. Clean-up caulk drip running down wainscot at urinal. Insulate 'P' trap & supply piping g Lavatory/sink. Watercloset slow to drain - ? line blockage. Remove & reset urinal to 1'-5' (handicap) height shown in Detail A/$ - is installed at · normal' 2'-0" lip height. Replace wainscot panel if necessary (no patching). Fill nail holes at door frame & trim. Second light fixture not working. Page 3 HALL (9) Install Drinking fountain. Complete wood frame & trim at opening to Library. Fill nail holes at door jambs & trim. Frame & trim at door to Iqt'g. Rm. has been damaged - ? replace. STORAGE (10) Replace broken light fixture lense, complete switch hook up. Patch screws exposed at wallboard bottom, east jamb to Hall and hole in wallboard top, south jamb of door to~Mt'g. Rm. Fill nail holes in door frames & trims. I~"I'I~~E R00M(11) Install computer (I.G.) outlet ~ south wall.~ Not all light fixtures worked on switches. Clean light lenses. Clean window glass & sash. Fill nail holes e window trim, door jambs & trim. Still gouge in Stor. Rm. door face. Install Security system. Band/strap flex ductwork to metal ductwork to hold in place. Install ceiling tile & insulation. Clean taping splatters from door to HALL, replace/repair damage HALL door frame, fill gaps at door frame jambs to head piece. HALL (12) Install light fixture. Extend orig. wood base (north wall) to new opening at top of Ramp. Drawings noted new 'overlay' wallboard at existing walls - if not provided patch/ texture existing wall surfaces. LAV. (13) No new work in contract. JIJVENILE/CHILDREM (14) Complete new light fixture work, install Track Lights, complete connection of switches. Provide wood trim to cover joint between new wallboard and retained wood paneling. Install handrails at Ramp. Complete finish of wallboard at revised ramp railing, retexture wall and walls at revised stair sides. Move extr~ alum./glass door to storage atMozzanine. Install computer (I.G.) outlet at south wall. Fill nail holes at window frames & trims various locations. Install silencers at all doors. Verify that outlet/switch plates will cover cut-outs at wallboard; it appears a number of cut-outs are too large for plates to cover. TO BECONTX~ Sincerely, Brae A. Samuelson, A.I.A. BAS:kp cc: Mr. ClayMoorhead ARCHITECTURE BRUCE A. SAMUELSON A.I.A. · 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 2~39-4045 April ll, lgSg Project: City of Sandy LIIIIU~Y/I~IC[ IIE0C/ITII)II Mr. Rich Silkett Martin Construction Company i404 N.£. lllth Portland, Oregon 972Z0 Dear Mr. Silkett: ' ' Your Construction Schedule and Subcontractor List were received at our office on April 10, 1989. The "Bar Graph" weekly schedule is sufficient to note anticipated construction ~ork at the project site through present anticipated coapletlon during the week of June 16, 1989. As to the subattted subcontractor/supplier list, it would be helpful if you could add additional notation with each firm as to what their responsibilities are. Some of the responsibilities are fairly evident but as to some of the suppliers it would be helpful to list the material they will be supplying. Sincerely, "B~ce A. Samuelson, A.I.A. BAS: kp cc: Mr. Clay Moorhead w/enclosures MARTIN CONSTRUCTION General Co ntracto O M PA N Y rs 10327 NoE. Morris Street i":~'j i~ _. !~, ~t i:.~ ~;~, (503) 252-5500 ~ ~:;~ ......... Podland, Oregon 97220 LIBRARY/POLICE RELOCATION ,~';~';!'~! fEC'/ SANDY, OR. SUBCONTRACTORS/SUPPLIERS Name Address Phone # Concrete Coring Co. 6317 NE 63d 285-9201 (Concrete Cutting) Vancouver, Wa Wolcott Plumbing 2131 SE 190th 667-1781 (Plumbing) Portland, OR 97233 (Mike) Scottco Electric 14444 SE Industrial Way 659-9291 (Electrical) Clackamas, OR (Marion) EBA Sheetmetal PO Box 5565 591-8181 (Heating, A/C Beaverton, OR 97006 (Ed) Ductwork & Grilles) C&F Woodworking 7729 SE 13th 234-4164 (Cabinets) Portland, OR (Bill) Benson Industries 1350 NW Raleigh 226-7611 (Windows) Portland, OR 97206 (Kathy) W.H. Cress Co.,Inc. 9966 SW Katherine 620-1664 (Toilet Partitions Tigard, OR 97223 (Phil) & Accessories) Cenco Door 714 NE 55th 284-0024 (Doors) Portland, OR 97213 (Oren) All City Glass 11530 SW Tiedeman Rd 620-0634 (Glass) Tigard, OR 97223 National Guardian 5110 NE Sandy Blvd 288-3430 (Security System) Portland, OR 97213-2526 (Bob) D hOWn Hardware 333 NW 16th 243-6500 oor Hardware) Portland, OR (Joe) 4/14/89 Added Trade Identification. January 30, 1990 CIT~S~OF Andy Hahs Bittner & Barker P.O. SOXlll9 1800 Benjamin Franklin Plaza SANDY. OREGON97065 One SW Columbia Te~epho.e 668-S533 Portland, OR 97258~2040 RE: Notice of Final Completion of the Renovation and Remodeling Project the Sandy Library/Policy Building Our File No. 3000.006 Dear Andy: The purpose of this letter is to advise you of the final acceptance by the City of Sandy of the renovation and remodeling of the Sandy Library/Police Building. The one year warranty period on the building will commence at the time of your receipt, execution, and return to the City of Sandy of the enclosed copy of this letter. Additionally your execution and return of the attached copy to the City of Sandy will constitute a representation by you that your subcontractors and materialmen have been paid in full and that you have no remaining claims against the City of Sandy arising from this project. Upon the City's receipt of the signed acknowledgement of this letter, the City will promptly submit to you the remaining balance due on the contract of $24,744.83 less the costs connected with the purchase and installation of hardware associated with a panic door closure which still must be installed on the premises. Your immediate execution of the enclosed copy of this letter will facilitate the close out of the contract and will allow me to remit to you monies due. Thank you for your cooperation. Sincerely, n~head' CWM:mp Enc. Andy Hahs, Authorized Representative of Martin Construction Company, Inc. cc: Bruce A. Samuelson, AIA NOTE: The Ci~ of Sandy is an equal opportuntty emp~yer and does not discriminate on the basis of race, religion, sex or handicapped status. LIBRARY/POLICE CONSTRUCTION SCHEDULE RELOCATION SANDY, OR WEEK ENDING DESCRIPTION: APR 7 ~ APR 14 APR 21 APR 28 MAY 5 MAY 12 MAY 19 MAY 26 JUN 2 JUN 9 JUN 16 ~et Permit Layout Sawcuts ~awcut Floor Rough-in Plumbing Inspect Plumbing Set HVAC duct & Grill.es ~ove Ext. Doors , Patch & Pour Flr. Set Walls Rough-in Elect. Inspect Elect. Rough-in Security Insulate Sheetrock & Tape Paint Walls Set Glass Set Doors & Hdwr ~ '' Electrical Top-out Plumbing Top-out Set Cabinets : : Set Vinyl Flr. ~ ! Set Ceiling Tile Punchlist Cleanup & Moveout ; PR i989 HUTCHISON, HAMMOND, WALSH, HERNDON & DARLING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JOHN C. HUTCHISON 21790 WILLAMETTE DRIVE TELEPHONE JOHN H. HAMMOND, JR. P.O. BOX 648 (503) 656-1694 MICHAEL d. WALSH WEST LINN, OREGON 97068 ROBERT D. HERNDON FAX DEANNE I. DARLING (503) 656-I092 February 12, 1991 Mr.cityClaYof SandyM°°rhead' City Manager /~/~~/~ Sandy, OR 97055 RE: Martin Construction Company ~ Our File No. 3000.006 Dear Clay: Enclosed please find a copy of a letter from the attorneys for the surety of Martin Construction Company. I believe that the letter is sufficient enough to allow us to release the contract balance of $24,744.83 less reasonable costs connected with the purchase and installation of the panic door closure hardware. The letter indicates that the surety has satisfied all valid labor and material claims asserted against the payment bond. They also correctly note that the contract provided that the one year warranty on the building runs from the date of substantial completion and not the date of final completion of the punch list. My recollection is that was our understanding with the surety as well. SincerelY,/~ John H. Hammond, Jr. JHH~cb Enclosure (1) Letter BITTNER & BARKER, P.C. Lawyers 1800 Benj. Franklin Plaza One Southwest Columbia John R. Barker* Portland, Oregon 97258-2040 Seattle Office: J. Terrence Bittner (503) 228-5626 Suite 3100, 1000 Second Ave. Susan D. Cardoni FAX (5031 228-8566 Seattle, Washington 98104 Andrew D. Hahs* (206) 223-1688 Bruce C. Miller° FAX (206) 223-0946 Margaret Ann Phelan Mary C. Eklund* Brian I. Scott** February 6, 1991 ~ Steven A. Rockey Barbara L. Schmidt** ~ Thomas C. Stratton ~C',~ ~'~ David A. Trieweiler · Member Oreson & Washington Bars ~,' //~,~ *Member Washington, Washington & California Bats ~ California Bars °Member Ore~on & ~ **Member Washln~on b New York Bars Calil'o~nia Bars Clay W. Moorhead City Manager City of Sandy P.O. Box 1119 Sandy, Oregon 97055 Re: Principal : Martin Construction Company Bond No. : 117662 Project : City of Sandy Our File : 0118/1494 Dear Mr. Moorhead: I have reviewed your January 30th letter (it says 1990 but I assume it is 1991) and can not execute and return it because there are many inaccuracies. § 26, page 17 o[ the contract. Substantial completion occurred August 18, 1989. When we first arranged for Rollins & Green Builders to perform the work, it was with the understanding that this was simply punch-list work and that we were not extending the guaranty provisions. Amwest has scheduled the final payment to Rollins & Green Builders for February 12, 1991. Amwest has satisfied all valid labor and material claims asserted against its payment bond. This letter confirms that Amwest has no remaining claims against the City of Sandy other than release of the contract balance of $24,744.83 less the reasonable costs connected with the purchase and installation of hardware associated with the panic door closure. We reserve the right to review those costs. I am executing this letter as attorney for Amwest. Clay W. Moorhead February 6, 1991 Page 2 If you have any questions, please call. Very truly yours, Andrew D. Hahs ADH/dig cc: Alison Schooley MEMORANDUM TO: TAMARA DERIDDER, CITY PLANNER MIKE WALKER, PUBLIC WORKS DIRECTOR FROM: CLAY MOORHEAD, CITY MANAGER ~ DATE: NOVEMBER 26, 1990 RE: POLICE/LIBRARY BUILDING During this last week, we reviewed a memorandum addressed to the Gresham Building Inspector regarding a number of items that need correction in order for us to receive the final occupancy permit. I have enclosed a copy of this letter with this memorandum. Please attend to the items which you have agreed to complete as soon as possible so that I will be in a position of closing the file on this matter. If you expect a delay on any of the corrections, I would appreciate you notifying me as soon as possible. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX NO, 239-4045 November 9, 1990 RECEIVE~ PROJECT: Citx of Sandy NOV ~ 3 '~90 LZBRARY/POLXCE REI. OCATXON Mr. Alan S. Lajimodiere ~C¥ OF~NDY Building Inspector City of Gresham 1333 N. W. Eastman Parkway Gresham, Oregon 97030-3825 Dear Mr. Lajimodiere: Thank you for meeting with our office, Ms. DeRidder and Mr. Clay Moorhead at the subject project site yesterday to review the items on your Final Inspection Report dated October 30, lggO. Since you could not respond with a new Inspection Report altering the previous report, we offered to provide a letter of understandings regarding our meeting at the site to review the ten (10) noted items. Item No. l: SECOND EXIT It is our understanding that the present exiting through the Meeting Room will be maintained if a Seating Plan is provided to you noting a 'clear and unobstructed passage way at least 44" wide" through the room. Such an access way was noted on the Plan Check revision drawing prints. Apparently Ms. DeRidder is to provide you with a new drawing that notes maintaining a clear passageway between the two (2) present doors. In addition, the present lockset at door #llA (Hall to Meeting Room) will be removed and replaced with a Panic Bar assembly at the Hall side and a closer on the door. Enclosed is a photocopy of a proposed Von Duprin ~99NL-F X626 Panic Bar to be installed. The 626 represents the pull plate and cylinder for the Meeting Room side of thed.~.~low for retention of security for the Library when an evening ~meeti~g is available to the public at Ch-~Me~e~i~ng Room. The present dead bolt will be removal from the p~'esent exterior door and the standard sign stating "This door to remain unlo'- cked d~-~fhg business hours" will be provided by the City of Sandy. This work will c~e bui]dlng security. When completing the project drawings we telephoned the City of Gresham Building Department requestin~what Occupancy classification would be assigned to this project, and we were informed that it would be Group "B".occul~ncy. The drawings and speci- fications were prepared based upon that understanding. We were made aware of some Plan Check revisions to the original drawings, and that information was noted on the revised drawings noting, "Plan Check Revisions". Yesterday was the first notifica- tion we were made aware of that there was a subsequent Plan Check Revision set of drawings that noted panic hardware was to be provided at Door ~llA. Page No. 2 November 9, 1990 Attn: Mr. Alan S. Lajimodiere ~f Cit-y-o~_Gresham / e City of Sandy will provide and install street address numbers at the building.~ No new work has been provided at the original stair during the space remodeling wo'rl~ There had been handrails, but they were removed during the painting work and stored the Mezzanine. The City of Sandy will reinstall the original handrails at each. s~de} of the stair. ~/ Item ~5: 1-HOUR CORRIDOR ~ The present Hallway walls are sheathea with 5/8" gypsum board and the 'd~6rs are 1~/4"' solid core doors. To comply with the 20 minute rating, the present Meeting Room, Hen's and Women's Lavatory and the Storage Room doors at the Hall, will have "Smoke Seal" gasketing installed at each jamb and head frame. This gasketing will be installed by the City of Sandy to replace the present rubber silencers that now exist. The gasket- lng will be'similar to the enclosed photocopy of National Guard Products, Inc. ~TM180, TM181 or TM183 press on gasket material. It is our understanding that since the ceil- ing grille at the Hall is a Transfer Duct to the Meeting Room, that a Fire Damper will not be required. .Item #6: MAIN ENTRY FLUSH BOLTS The present doors were existing and retained with new Panic Bars added. Since the removal of the present flush bolts would compromise security of the building when not open to the public, and since the City of Sandy is proposing to add new doors at the exterior north wall of the Entry recess, the present flush bolts will be retained until the new doors are provided to create a Vestibule. The new doors will be pro- vided with code approved 3 point locking panic bars. -~Item ~7: CEILING SEISMIC BRACING-~~//~~-~ox~' The project specifications noted that new seismic bracing was to be provided at the retained ceiling grid, and support wires were to be provided at light fixtures and ceiling diffusers/grilles. Your review of the present grid indicated tie wires at the light fixtures, but not attached to all grilles/diffusers. The city of Sandy will arrange to complete the attachment of wires to the grilles/diffusers. Item#8: FIRE EXTINGUISHERS The City of Sandy will install fire extinguishers at locations to be selected by the Fire Marshall. Item Ag: APPROVED PLANS We provided new drawing prints to the City of Sandy to transmit to the Gresham Build- ing Department. Page No. 3 Nove~er 9, 1990 Attn: Mr. Alan S. LaJimodiere City of Gresham ~Item #10: MONITORED FIRE SYSTEM The present Fire/Intrusion Detection system has been installed to be capable of 24 has not yet been agreement hour monitoring, but apparently the final monitoring completed, but will soon be finalized. Pqease contact our office if you have any questions. B~:ds Encls. cc: Mr. Clay Moorhead Ms. Sue Newlands November 26, 1990 Bittner & Barker 1800 Benj. Franklin Plaza P.O. BOX 1119 One SW Columbia SANDY. OREGON 97055 Portland, OR 97258-2040 Te,ephone668-5533 RE: MARTIN CONSTRUCTION Dear Andy: As I had mentioned over the telephone during this last week, the final occupancy permit will not be authorized through the City of Gresham until a number of items are completed, two of which appear to be the responsibility of the contractor. These include the following: 1. Ceiling seismic bracing. The project specifications noted that new seismic bracing was to be provided at the retained ceiling grid, and support wires were to be provided at light fixtures and ceiling diffusers/grills. During a recent inspection by the building official for final occupancy, it was noted that tie wires were connected at the light fixtures but were not attached to all of the grilles/diffusers. 2. Panic hardware on the conference room door. It was identified on the approved set of building permit plans that panic hardware had to be provided on the doorway which separates the conference room from the main library area. I have enclosed a copy of the notations on the final plans for your review. The City of Sandy will be in a position of issuing out the final balance held on the Martin Construction contract upon completion of the above referenced items. I sincerely appreciate the efforts of you and your company in helping to close this contract. With your assistance on this matter, we will be able to receive a final occupancy permit in short order. Should you have any questions on these items, feel free to contact either myself or Tamara DeRidder at the City of Sandy 668-5533. Sincerely, Clag ~ Moorhead, City,~nager CWM: mp Encs. MEMORANDUM TO: TAMARA DERIDDER, CITY PLANNER MIKE WALKER, PUBLIC WORKS DIRECTOR FROM: CLAY MOORHEAD, CITY MANAGER ~ DATE: NOVEMBER 26, ]990 RE: POLICE/LIBRARY BUILDING During this last week, we reviewed a memorandum addressed to the Gresham Building Inspector regarding a number of items that need correction in order for us to receive the final occupancy permit. I have enclosed a copy of this letter with this memorandum. Please attend to the items which you have agreed to complete as soon as possible so that I will be in a position of closing the file on this matter. If you expect a delay on any of the corrections, I would appreciate you notifying me as soon as possible. CWM:mp Ellcs. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX NO. 239-4045 November 9, 1990 ~ECE!VE~ PROJECT: City of Sandy NO~ ~ ,3 1990 LII#~Y/POLICE I~rLOCATIOM Mr. Alan S. Lajimodiere ._,~F¥~F&~D~ Building Inspector City of Gresham 1333 N. W. Eastman Parkway Gresham, Oregon 97030-3825 Dear Mr. Lajimodiere: Thank you for meeting with our office, Ms. DeRidder and Mr. Clay Moorhead at the subject project site yesterday to review the items on your Final Inspection Report dated October 30, lggo. Since you could not respond with a new Inspection Report altering the previous report, we offered to provide a letter of understandings regarding our meeting at the site to review the ten {10) noted items. Item No. l: SECOND EXIT It is our understanding that the present exiting through the Meeting Room will be maintained if a Seating Plan is provided to you noting a 'clear and unobstructed passage way at least 44" wide" through the room. Such an access way was noted on the Plan Check revision drawing prints. Apparently Ms. OeRidder is to provide you with a new drawing that notes maintaining a clear passageway between the two (2) present doors. In addition, the present lockset at door #llA (Hall to Meeting Room) will be removed and replaced with a Panic Bar assembly at the Hall side and a closer on the door. Enclosed is a photocopy of a proposed Von Duprin ~9gNL-F X6Z6 Panic Bar to be installed. The 626 represents the pull plate and cylinder for the Meeting Room side of the door which will allow for retention of security for the Library when an evening meeting is available to the public at the Meeting Room. Item #2: DEAD BOLT/SIGN The present dead bolt will be removed from the present exterior door and the standard sign stating "This door to remain unlocked during business hours" will be provided by the City of Sandy. This work will compromise building security. When completing the project drawings we telephoned the City of Gresham Building Department requesting what Occupancy classification would be assigned to this project, and we were informed that it would be Group "B"lOccupancy. The drawings and speci- fications were prepared based upon that understanding. We were made aware of some Plan Check revisions to the original drawings, and that information was noted on the revised drawings noting, "Plan Check Revisions". Yesterday was the first notifica- tion we were made aware of that there was a subsequent Plan Check Revision set of drawings that noted panic hardware was to be provided at Door #llA. Page No. 2 November g, 1990 Attn: Mr. Alan S. tajimodiere City of Gresham Item #3: BUILDING ADDRESS The City of Sandy will provide and install street address nu~)ers at the building. Item #4: HANDRAILS AT STAIRS TO MEZZANINE ~-- No newwork has been provided at the original stair during the space remodeling work. There had been handrails, but they were removed during the painting work and stored at the Mezzanine. The City of Sandy will reinstall the original handrails at each side of the stair. Item #S: 1-HOUR CORRIDOR The present Hallway walls are sheathed with 5/8" gypsum board and the doors are solid core doors. To comply with the 20 minute rating, the present Meeting Room, Men's and Women's Lavatory and the Storage Room doors at the Hall, will have "Smoke Seal' gasketing installed at each jamb and head frame. This gasketing will be installed by the City of Sandy to replace the present rubber silencers that now exist. The gasket- lng will be'similar to the enclosed photocopy of National Guard Products, Inc. #TM180, TM181 or TM183 press on gasket material. It is our understanding that since the ceil- ing grille at the Hall is a Transfer Duct to the Meeting Room, that a Fire Damper will not be required. .Item #6: MAIN ENTRY FLUSH BOLTS The present doors were existing and retained with new Panic Bars added. Since the removal of the present flush bolts would compromise security of the building when not open to the public, and since the City of Sandy is proposing to add new doors at the exterior north wall of the Entry recess, the present flush bolts will be retained until the new doors are provided to create a Vestibule. The new doors will be pro- vided with code approved 3 point locking panic bars. -~Item ~7: CEILING SEISMIC BRAClNG-~t~/~m~4~ox~ ~Y~ The project specifications noted that new seismic bracing was to be provided at the retained ceiling grid, and support wires were to be provided at light fixtures and ceiling diffusers/grilles. Your review of the present grid indicated tie wires at the light fixtures, but not attached to all grilles/diffusers. The city of Sandy will arrange to complete the attachment of wires to the grilles/diffusers. Item #8: FIRE EXTINGUISHERS The City of Sandy will install fire extinguishers at locations to be selected by the Fire Marshall. Item #9: APPROVED PLANS We provided new drawing prints to the City of Sandy to transmit to the Gresham Build- ing Department. Page No. 3 November g, 1990 Attn: Mr. Alan S. Lajimodiere City of Gresham Item ~lO: MONITORED FIRE SYSTEM The present Fire/Intrusion Detection system has b~en installed to be capable of 24 hour monitoring, but apparently the final monitoring agreement has not yet been completed, but will soon be finalized. Please contact our office if you have any questions. B~A. Sa~uel$on, AIA BAS:ds Encls. cc: ~. Clay Hoorhead ~m, T~&~ OeRtder ~ Ms. Sue Newlands CI'I~Y' OF P.O. 80X 1118 SANDY, OREGON 97055 Telephone 668-5533 FAX COVER SHEET Please deliver the following to: DATE: ), ~ ~' ~ - - TIME: NUMBER OF PAGES (including cover sheet): If you do not receive all of the described material, please contact our office immediately: Sender: Business Telephone Number: (503) 668-5533 FAX Number: (503) 668-8714 COMMENTS: NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race. religion, sex or handicapped status. NOTICE OF CANCELLATION, NON~EN~.WAL UR ALiEHEID HP. NI~WAL (Oregon) KINO OF , ;Y: Aut~mmob(l e POLICY NO.: ]~AW 50 ~ ?q ~9 NSURANCE W~b ~P~ I~~ ~~ CANCELLATION, TERMINATION OR RENEWAL WILL TAKE EFFECT AT: ;OMPANY P.O. ~x 3~ 11-19~9 12:01 A.M. 2o~CZand,OR 9720~30~ DATE OF MAILING: 1 1--?--~/~ ISSUED THROUGH AGENCY OR OFFICE AT: NAMEAND ~tin Co~truot~on Co. ~~ ~L & K A~~, Inc. ~DDRESS 10327 N.E. Morr~s I~0~ '~ ]~8~ ~ I~SUREO Portl~d,OR ~ (Specific information concerning the cancellation or nonrenewal has been given to the Insured.) TO LIENHOLDER You are hereby notified that the agreement under the Loss Payable Clause pay~ble to you as Lienholder, which is a part of the above policy, issued to the above insured, is hereby cancelled (or terminated) in accordance with the conditions of the policy, said cancellation (or termination) to be effective on and after the hour and date mentioned above. ' ~//×/! ~, // Authorized Representative ~SUR~NCE . West American Insurance Company /v/ Joe McGuire :OMPANY P.O. Box 3080 Portland,OR 97208-3080 '~AMEAND City of Sandy P.O. Box 1119 JFL~ Sandy, OR 97055 ~O~[R fi' %,t. ur bRflbrLLRIIU~ UI~ I~UINl~l:Nt' ~L 0F Contractors Liability KiND Or POLICY P¢,~ icy NO :A(;td~Y [c~NCELLATI~N Or T~RMIN~iO~--wI[-[-:rAKI~ EFFI~¥AT% - -! 6ate OF NOTICE K L & K Associates, Inc. ~ 11-19-89 12:01 A.M. 1'1-7-89/js ~P~W(90)50 26 74 89~ .......... ~ .... ~ COPY OF NOTICE SENT TO NAMED INSURED THE OHIO CASUALTY INSURANCE COMPANY R · (~ ~ I V ~ 1:) I ~ AMERICAN FIRE & CASUALTY COMPANY INSURANCE !XWEST AMERICAN INSURANCE COMPANY t40V ' 8 ~ COMPANY ! ~ OHIO SECURITY INSURANCE COMPANY o. 8cz 3o8o THE CITY OF SANDY Portland ~OR 97208-3080 (CITY AND STATE) NAME AND Ma~tln Cor~t.r~tJ. on Co. ADDRESS 10327 N.E~ Morris OF INSURED Portland,OR 97220 (Applicable item marked ~) CANCEL- [] You are hereby notified in accordance with the terms and conditions of the above mentioned policy that your insurance will cease at and from the hour LATION and date mentioned above. If the premium has been paid, premium adjustment will be made as soon as practicable after cancellation becomes effective. If the premium has not been paid, a bill for the premium earned to the time of cancellation will be forwarded in due course. [] You are hereby notified in accordance with the terms and conditions of the above mentioned policy that your insurance will cease at and from the hour and date mentioned above due to nonpayment of premium. A bill for the premium earned to the time of cancellation will be forwarded in due course. NON- You are hereby notified in accordance with the terms and conditions of the above mentioned policy that the above mentioned policy will expire effective RENEWAL [] at and from the hour and date mentioned above and the policy will NOT be renewed. IMPORTANT [] In compliance with the Fair Credit Reporting Act (Public Law 91-508), you are hereby informed that the action taken above is being taken wholly or partly NOTICE because of information contained in a consumer report from the following consumer reporting agency: TO LIENHOLDER: You are hereby notified that the agreement under the Loss Payable Clause or Mortgage Clause payable to you as Lienholder, which is a part of the above policy, issued to the abov insured, is hereby cancelled (or terminated)in accordance with the conditiorm of the policy, said cancellation (or termination) to be effechve on and after the hour and date mentione E] THE OHIO CASUALTY INSURANCE COMPANY thorized ..... [2 AMERICAN FIRE & CASUALTY COMPANY /"'/ Joe Mc~uire INSURANCE · ~WEST AMERICAN INSURANCE COMPANY COMPANY L] OHIO SECURITY INSURANCE COMPANY P. O. Box 3080 Portland,OR 97208-3080 .__ (CITY AND STATE) NAME AND · City of Sandy ADDRESS P.O. Box 1119 OF' LIEN- Sandy, OR 97055 HOLDER Form 5801 I i,_Nlt,~L,_,Ex :~ COPY NOTICE OF AWARD TO: Martin Construct]on Co. 1404 NE lllth Port]and, OR 97220 PROJECT description: RENOVATION AND REMODELING SANDY LIBRARY/POLICE BUILDING The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated February ]0~. , 1989, and Information for Bidders. You are required by the Information for Bidders to execute the Agreement and furnish the required OONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance within five (5) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within five (5) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the Owner's acceptance of your BID as abandoned and as a forefetture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE TO AWARD to the OWNER. Dated this ~2_~2--~day of ?~~ . 1989. CITY OF SANDY Owner T i t 1 e: .~ ACCEPTANCE OF NOTICE Receipt of ~che above NOTICE OF AWARD is hereby acknowledged by U_../ { AGREEMENT THIS AGREEMENT, made this 22 day of March , 1989, by and betwoen City of Sandy, Oregon hereinafter called "OWNER" and Martin Construction Co of Oreqon Inc. doing business as (individual) or (partnership), or (a corporation) hereafter called: "CONTRACTOR". WITNESSETH: That for and in qonsi~eration of the payments and agreements hereinafter mentioned: !. The CONTRACTOR will commence and complete the renovation and remodeling at Sandy Library/Police Building. 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. The Contractor also agrees that he shall comply with the provisions of Sections 2?9.548 to 2?9.865 of the Oregon Revised Statutes regarding payment of prevailing wage rates. $. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within five (5) calendar days after the date of the NOTICE TO PROCEED and will complete the same within consecutive calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $.~33,916.00 or as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" MEANS and includes the following: (A) Advertisement for BIDS (B) Information for BIDDERS (C) BID (D) BID BOND (E) Agreement (F) General Conditions D-1 (G) Technical Specifications (I) PERFORMANCE BOND (J) NOTICE TO AWARD (K) NOTICE TO PROCEED (L) BID SCHEDULE (M) DRAWINGS (N) SPECIFICATIONS (O) ADDENDA: -' '- No. ., dated ,, ~ , 198 .. No. .., dated , 198 No. , dated , 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the GONTRAGT DOGUMENTS. ?. This Agreement shall be binding upon all Parties and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in ( Three ) copies each of which shall be deemed an original on the date first above written. (SEAL) OWNER: Martin Construction Co BY Name Roger Martin Name (Please Type) (Please Type) (SEAL) CONTRAGTOR: Name Name (Please Type) (Please Type) Title President Address: ~poomon D--2 ~enMFl~r ZiP ~ J ' ' '" ~: ,!.'. ~" ' '.' · C';~;LLl~ ~EFES?~C~ I~FO~M4TiO;I [FlflST 24 CI~4R4CTE~S WILL APP~ ON ~,~r~:.~ ~.,~ ..... ......... ~ D~..,~,~~. ~.__~ ~'- I ~':' ~ Other 2 8 ~ 3D 4~ 5D Drop~x 8SC, S~on P~U~ . , ". ' !1 ~ Date/Time for FEOEX BOND NO. 1 ] 77642 }~R]]F. ]i UM: S,I)Gi! 1000- ] 4869-024-49 AND PAYMENT BOND ......... - KNOW ALL MEN BY THESE PRESENTS: That we MARTIN CONSTRUCTION COMPANY as principal, and AMWEST SURETY INSURANCE COMPANY duly authorized to transact surety business in the State of Oregon,: as surety, are held and firmly bound unto CITY OF,SANDY, OREGON, a municipal corporation, hereinafter called the "OBLIGEE," in the full - ~, ~ ~, ~ ONE HUNDRED THIRTY THREE THOUSAND NINE DOLLARS an~ a~ o~m o~ !-!U~DRE~ SIXT'2EN ~WD NO//10^~ . . ($ i33o916.00 ) for the payment whereo~ Principal and Surety bind themselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal herein has made and entered into a certain Contract, a copy of which is attached herein, with the City of Sandy, Oregon, which Contract, together with the applicsb!e plans, specifications, and schedule of contract prices, is by this reference made a part hereof, under which Contract the Principal agrees to furnish certain materials and to perform certain work consisting of: RENOVATION & REMODELING AT SANDY LIBRARY/POLICE BUILDING SANDY, OREGON This Performance Bond shall guarantee the improvement against defects in materials or workmanship for a perXod of one (1) year from the date of written acceptance by the Oity of Sandy, Oregon, by its authorized representatives. '.. NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said Contract, in all respects, and shall well and truly and fully do and'perform al/ matters and things by him %%ndertaken to be performed under said Con~mact, upon the terms set forth therein, and within '~he time prescribed therein, sha%l make payment promptly, as due, to all subcontractors and to all persons supplying to the Principal or his subcontractors, equipment, supplies, labor or materials for the prosecution of the work, or any part thereof, provided for in said Contract; shall pay all other ~ust debts, dues and demands incurred in the performance of said Contract; shall pay the City of Sandy, Oregon, such damages as may accrue to the City under said Contract; and shall in all respects perform said Contract according to law, then this obligation is to ]De void, othcmwise to remain in full force and effect. This bond is given and received under the authority of Chapter 279, Ol"egon Revised Statutes, the provisions of which are hereby incorporated into this bond and made a part hereof. IN WITNESS WHEREOF, the seal and signalure of the said Principal is hereto affixed and the corporate seal and name of the said Surety is hereto affixed and attested by i~s duly authorized attorney-in-fact and agent at BELLEVUE, WA this 23rd day of MARCH , 19. 89 . ,.. _ 'nc Agency Name A24WES~, S!]RETY INSURANCE'~%~ COMP~COMPANY (Attach copy of Power of Attorney) 206-451-7407 Telephone Number LiI IITED POWER OF ATTORNEY No Power ofAttorney onthis form shall be valid as to bonds, under- (READ CAREFULLY) takings, recognizances or other written obligations in the nature To be used only in conjunction with the bond thereof executed on or after said specified herein· expiration data. 133,916.00 £,[ARTIN CONSTRUCTION COMPANY PENAL SUM $ CITY OF SANDY, OREGON O/ 3 :~3.ver of At[ninny may not be used in conjunction with ~ny other power el ~Eorney. This Power of Allorney is void if altered or erased. This document ;.: ~.:.~ on blae paper with black and re~ ink. This power et ailorn~y be~rs a reised s~al of AMWEaT SUreTY I~RANCE COtSPANY. Only originals :- * ih,,. ,r of A;;orn$~ are valid. No representations or warranties regarding lhis Power of Altorney m~y be m~do b,t any p~rson other then ~n ts' .:~ AMV,'EST SURETY I~SU~AIICE CO~I~ANI, ~d musl be in writing. Ou~slions or inquiries regarding this Power ~I Allorney musl be Dddress3d AMW EST SURETY INSURANCE COMPANY at the address and lelephone number sol lo~h ~t th~ lop of Ibis Power et ~lorney, Attention: Und~rwdling aC' ~-1 m~, ~ Ta~s Power of Al!orney shall be governed Dy lhe laws el lhe Stit~ ~t California. Any power el allorn~y ~sed in connection with any bond issued AM',VEST SURETY INSUrAnCE CO~,~PANY on or a~er Februa~ 21, 1989 musl be on Amwesl ~rm U~-A100? (REV. ~9). All olher previous power ;.;::' ~-) terms ~ss~;ed by AMi'lEST SUR~TI IHSU~ANCE COMPANY haw been revo~d and are el no luther lorce or ALL MEN BY THES~ PRESENTS, that AMWEST SURETY INSURANCE COMPANY, A CAU~O~NIA CORPO~TION, (l~e "$omp~y"), does hereb~ censht~te anJ a~po:nl K. DIANE REIGERS AS EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY ~n: s¢,%i A:tomey{s)-in-Fact. with limited p~er and authod~ for and on behalf of the Company as sureU, 1o execute ~d deliver and affix the ~al of th( ~ 't ~t-c'.2 ,f a seal ,s required, bonds, undeAskings, recognizances or other written obligations in the nature lher~f, as follows: Sr-~ ~ 5~s:"ess Administration Guaranteed Bonds up to $250,000; ':~s:,. Ps-mCI & Misce!laneous Bonds up to $25,000. SURETY INSURANCE COMPANY thereby. This appointment is made under and by authority of the following provisions of the By-Law., q~ch ~re no',',' in full force and effect: 'Scchon 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY A',:omey Is signed and sealed by facsimile under and by the authority of the folJowing resolutions adopted b~ the board of directors o INSURANCE COMPANY 3t a meeting duly held on December 15, 197[ _v'~3 ~hal the president or any vice-president, in conjunction with the secretaw or any assistant scc~eta~, may appomn~ a[tornoys-;n-fact 3.J',honb cs defined or hmilod in tho instrument evidencing tho appointment in each case, for and on behalf of tho CornpBny ¢'hx ~he seal of the Company to bonds, undedakings, recognizances, and suretyship obligations of all kinds; and 98id officers may sus~ ~:tmrney-in-fact or asont and revoke any power o¢ attorney previously granted to such person. E:ECL'v~D FURTHER thct any bond, undedaking, recognizance, or sureWsh~ obligation shall be v~lid and binding upon the Company s,~Ed by the president or any vice-president and attested and sealed (if a se~l be require) by any socretaW or ~ssistant secreta~; or ~Eed by the president or any vic~president or secretaw or assistant secreta~, and countersigned and sealed (if a seal be required) ~,,:hcnce~ 2tierney-in-fact or agent; or duly execut~ and sealed (if a seal be required) by one or more attorneys-in-f~ct or ~gonts pumuant to and within tho limits of the o,,,de~cdd by the ~wer of attorney issued by the ~mpany to such pemon or persons. REset.rED FURTHER that [he signsture of any authorized officer and the seal of the Company may be affixed by facsimile to any power :em,.:at,on meteor authorizing the execution ~nd delive~ et any bond, undertaking, recognizance, or other suretyship obligations 3~.d such s~gnature Gqd seal when so used shall have the same force snd effect ~s though manu~ly affixed. W~EREOF. AMWEST SURETY INSURANCE COMPANY has caused these presents Io be signed by its proper olficers, and its corpor~b ?,;.o.~ :~;s 21 day of Februaw 19... 89 Ga~ R Po er~on Pres~denl ~ron G. Cohen. Secrefar ~4 ~OUNTY OF LOS ANGELES -- ~ Februa~ 89 Ga~ R. Peterson Karen G. Cohen ~'~ ~f . A.D., 19 , ~rsonally came before me and ,nc: ,~dua!s and officers of AMWEST SURETY INSURANCE COMPANY, ~LIFORNIA who executed Ihe above instrument, and they eacl :u:~o; o~ the same. and being by me duly sworn, did severally depose and ~y: that they are lhe said office~ of ~he corporation aforesaid aff.~ea :c me above mstrumenl is the seal of the co~oralion, and that ~id corporate seal and their signatures as such officers ~re duty affixe< sa~.; ,n~,'umenl by the authority of lhe board of directors of said co~oralion. ~EN T. MQRITA ~ ~, ~< ~ ...... (SEAL) A ,.~'.2,~;TY OF LOS ANGELES -- ~ CE~IFICATE %: -s:gr~. secmta6, of ti~e AMWEST SURLY INSURANCE COMPA~Y, a California corporation, DO HEREBY CE~IFY lha~ th~ P~.,~ of Altcrney remains in full ~rc~ and has not been revoke, and fuAhermore, that lhe provis~ons of tho By-Lows of tho Compan~ ~h2 L~csrd cf d~rcgtcrs set fo~h in the Power of ~lornoy, are n~ in force. 3ELLEVUE, V;A 23rd MARCH 89 ........... ~ __ th~s .~_ day cf 19 THOMAS L. LA FOLLETT ATTORNEY AT LAW P. O. Box 428 181 NORTH GRANT STREET, SUITE CANB¥, OREGON 97013 CAN~¥ (503)266-8084 NEW~E~G (503) 538-2177 November 6, 1989 Mr. Clay Morehead City Manager City of Sandy Sandy, Oregon 97055 RE: Notice of Claim on Performance Bond Bond ~: 1177662 Surety: Amwest Surety, Inc. Contractor: Martin Construction Company 1404 NE lllth Portland, Oregon 97220 Amount of Claim: $12,287.00 Project: Sandy Police and Library Relocation Sandy, Oregon Claimant: E. S. Clift and Sons 24196 S. Barlow Road Canby, Oregon 97013 Dear Mr. Morehead: The purpose of this letter is to advise you that I have been retained to represent the above claimant, E. S. Clift and Sons in their attempt to recover the above sum from Martin Construction Company. It is my understanding that you currently have in your possession certain project funds which have not yet been disbursed to Mr. Martin. It is hereby requested that no funds be dispersed to Mr. Martin until my client's claim is resolved. If you have any questions please contact me. Yours truly, Thomas L. La Follett TLL/mw cc: E.S. Clift & Sons BITTNER & BARKER, P.C. kawyers 1800 Benj. Franklin Plaza One Southwest Columbia john R. Barker* Portland, Oregon 97258-2040 Seattle Office: J. Terrence Bittner (503) 228-5626 Suite 3100, 1000 Second Ave. James M. Callahan* FAX (503) 228-8566 Seattle, Washington 98104 Susan D. Cardoni (206) 223-1688 Michael P. Fiflis*** FAX (206) 223-0946 Andrew D. Hahs* Margaret Ann Phelan Brian I. Scott** Mary C. Eklund* Melia M. Shears November 6, 1989 Steven A. Rockey Thomas C. Stratton Kenneth G. Whitaker 'Member Oregon & ~ E C ~ ! V E D *Member Washington, *'Member Oregon. tt0~ ' ~ California Bars Washington & California Bars **'Member Oregon & Illinois Bars Clay W. Moorhead City Manager City of Sandy P.O. Box 1119 Sandy, Oregon 97055 Re: Project : City of Sandy, Library/Police Relocation Principal : Martin Construction Company of Oregon, Inc. Our File : 118/1494 Dear Mr. Moorhead: We represent Amwest Surety Insurance Company, the surety for Martin Construction. We have recently been informed that the Internal Revenue Service has been attempting to levy contract funds being retained on various projects. Please be advised that the surety has prior rights to all contract funds for uncompleted work. Priority arises at the time the contract is entered into and is prior to and superior to the rights of the IRS. See, Prairie State Bank vs. United States, 165 U.S. 227, 17 Sup. Ct. 142, 41 L. Ed. 412 (1896), Pearlman vs. Reliance Insurance Company, 371 U.S. 132, 83 Sup. Ct. 232 (1962), United Bonding Insurance Company vs. Catalytic Construction Company, 533 F.2d 469 (9th Cir. 1976), Wasco Company vs. New Enqland Equitable Insurance Company, 88 Or. 465, 172 P. 126 (1918). If any contract funds are released to the IRS without our consent, we will look to you for reimbursement of the released funds. BITTNER & BARKER, P.C. Clay W. Moorhead November 6, 1989 Page 2 If you have any questions, we recommend that you contact your attorney immediately. Sincerely, Melia M. MMS: mlh cc: Bruce Samuelson Jack Hammond ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Podland, Oregon 97232 · (503) 239-7526 November 6, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Clay Moorhead City of Sandy P. O. Box 116 Sandy, OR 97055 Dear Mr. Moorhead: To update our August 14, 1989 letter regarding the amount of extra time our office has spent on the subject project in dealing with the projects contractor's problems during construction, the inability to have the remaining work completed and now the additional involvement that will be necessary to apparently have the Bonding Company take over and complete the project, we have tabulated office costs for time spent through October, 1989. The extra involvement included "office" time spent in keeping the contractor informed as to what was required by the Contract Documents (Specifications and Drawings); in more than normal number of trips to the site to review work in place (much of which was rejected and then again reviewed when replaced); an inordinate number of re-reviews of completion of noted Punch List items (omissions, incompletions, still unacceptable work and work still to be provided), and now there will be additional time required to document work yet to be provided and then review it again for acceptance. The August 14, 1989 letter noted the following: January 1989 28 hrs. @ $21.00 $ 588.00 24½ hrs. @ $37.50 918.75 February 1989 14½ hrs. @ $21.00 304.50 26½ hrs. @ $37.50 993.75 March 1989 8 hrs. @ $21.00 168.00 17½ hrs. @ $37.50 656.25 April 1989 11½ hrs. @ $21.00 241.50 30 hrs. @ $37.50 1,125.00 May 1989 15 hrs. @ $21.00 315.00 30½ hrs. @ $37.50 1,143.75 June 1989 11½ hrs. @ $21.00 241.50 37 hrs. @ $37.50 1,387.50 July 1989 13 hrs. @ $21.00 273.00 40 hrs. @ $37.50 1,500.00 Total to Date Through July 1989: $ 9,856.50 Page No. 2 Project: November 6, 1989 City of Sandy LIBRARY/POLICE RELOCATION Attn: Mr. Clay Moorhead City of Sandy Additional involvement through October 1989 is as follows: August 1989 $ 1,315.50 September 1989 936.50 October 1989 333.75 Total Through October, 1989 $12,442.00 As this project proceeded through a number of preliminary stages and options of expansion at the present City Hall site and remodeling at the vacant space across the street, we had prepared numerous cost estimates and there is record of recommendations for anticipated Full Service Architectural and Engineering FEES to be included in any Bond issue request amount for the project. A copy of a September 3, 1985 letter is enclosed as to estimated cost for proposed expansion at the City Hall site. The last paragraph of page #2 notes that it would be suggested that an amount of $40,000.00 be included into the Project Cost if there was a desire for a model and renderings for promotion of the Bond Measure. Subsequent correspondence that should be on file indicated that a Fee of $30,000.00 would be appropriate for a project such as this. As a concession to the City of Sandy as funds were quite limited we offered to do the project for a Fee of $13,700.00. The sum of $13,362.00 was spent in the preparation of the Specifications and Drawings. There was a balance of $338.00 remaining and the City Council added an amount of $2,000.00 to cover construction reviews. To date we have not invoiced any costs against the remaining $2,338. To date actual costs incurred for this project total $25,804.00 ($13,362.00 + $12,442.00). For comparison, enclosed is a copy of Architectural Fees from the present R. S. Means Estimating Book which would indicate the follow- ing "typical" percentage fees "below which adequate services can not be expected": $136,000.00 x 11.6% $ 15,776.00 Remodeling + 50% 7r888.00 Average Fee: $ 23,664.00 Zinced, ~/ ~lson, AIA BAS:ds Encls. ARCHITECTuF. BRUCE A. SAMUELSON A.I.A. 35 NE 17th Avenue · Po~tand, Oregon 97232 · (503) 239-7526 September 3, 1985 Project: CITY OF 5ANDY L%BRARY EXPANSION Ns, Sue Neelands City of Sandy P.O. Box 116 Sandy, Oregon 97055 Dear Me. Nee]ands: We are sorry for the time it has taken, but ~e have finally been able to take a day and a half of time to "donate" in the preparation of a Preliminary Estimate for the subject project. This estimate of probable construction costa ia based upon that information ahoen on the Preliminary Draeings No. 1, 2, ~ and ~ dated April 25, 1985 and as noted in the Outline Specifications ~hich. accompanied those Draeings. The estimate has been broken do~n as to Si~e & Excavation, Ground Floor (Ne~), Ground Floor (Remodel), Upper Floor (Nee) and Upper Floor (Remodel) costs of construction and the additional costs for General Conditions, Overhead & Profit and a lO~ Contingency for changes or edditions. Also noted is an estimated 8~ escalation facto~ fo~ i985 costs forecast into 198~ construction. The estimated costs are for completion of the nee and remodeled spaces, including ca,pet at $30.O0/sq. yd. and prevailing cage rates a~e used for labor costs. We have included the nee counter in the ~ork Room, but se have not included any other costa for furniture or ceseeork in the Library space. We have ~cluded costs to completely re-stain the nee and existing exterior ~ails and se have included costs for four (4) nee Heating & Airconditioning units on the ~oof to replace the ten (2) existing Heat Pump units ~hich must be ~emoved for the ne~ construc tion. The Site ~ork costs include the nee parking area paving and curbs and the demo- lition of the one (1) existing building. We offer the follo$ing Preliminary Estimated Cost for the proposed expansion and ~e- modeling: 5ite~o~k and Excavation $ 30,845.00 Ground Floor (Nee) 129,185.00 Ground Floo~ (Remodel) 18,010.00 Upper Floor (Nee) 162,GBO.O0 Upper Floor (Remodel) ~0~1~.00 Construction Subtotal $~61,330.00 General Conditions 21,~80.00 Overhead & Profit . 3B~300.00 Subtotal $~21,310.00 Contingency Sum (for adds or changes) ~2,130.00 Preliminary Estimate (1985) $~63,440.00 Escalation Cost for 1986 Construction ~7~100.00 Budget Preliminary Estimate: $500,540.00 CITY OF SANDY LIBRARY EXPANSION PAGE 2 With the area of new construction and remodeling estimated at 8,220 sq. ft., the Budget cost above would compute to a per square foot cost of $G0.89 Enclosed are copies of pages from the 19B5 R.S. Hearts Estimating Book ~hich noted National aver- age costs of $55.95--$6B.90--$BT.10 for Libraries and $50.20--$63.60--$82.95 for City Halls. The firat figures indicate that 25% of projects were at that coat, the second figures indicate that 50% of projects ~ere at that coat, the third figures indicate that 25% of projects were at that cost. If the costa for Architectural and Engineering fees have to be included in any Bond issue request, we would suggest that the sum of $40,000.00 be inc]uded for proper full services aasuming that representation wii1 be hecessary at a number of meetings and that renderings and a model ~ould help in the passage of the funding request. Please let our office kno$ if we can be of any further assistance. Sincerely, B~uce A. Samuelson, A.I.A. BAS:tp~ I CIRCLE REFERENCE NlJMBERS ' {~) Sales Tax ID,,. 0~0-0~) State sales tax on materials is tabulated below (5 states have no Some proiects may be sales tax exempt, particularly tho~ sales tax). Many states allow local jurisdictions, such as a county constructed with public funds. or city, to levy adclitional sales tax. State Tax State Tax State Tax State ~ ~ Alabama ............... 4% Illinois ............... 7% Montana .............. 0% Rhode I$~and ,. Alaska ............... 0 Indiana ............... 5 Nebraska ............. 3.5 South Carolina .:::::::: Arizona 5 Iowa 4 Nevada 5.75 South Dakota Arkansas ............. 4 Kansas ............... 4 New Hampshire ........ 0 Tennessee ............ 5 California ............. 6 Kentucky ............. 5 New Jersey ............ 6 Texas ................ 6 25 Colorado .............. 3 Louisiana ............. 4 New Mexico ........... 4.75 Utah ................. 65 Connecticut ........... 7.5 Maine ................ 5 New York ............. 4 Vermont .............. 4 Delaware ............. 0 Maryland ............. 5 North Carolina ......... 3 Virginia ............... 4 District of Columbia ..... 6 Massachusetts ......... 5 North Dakota .......... 4 Washington ........... Florida ............... 5 Michigan ............. 4 Ohio ................. 5.5 West Virginia .......... Georgia ............... 3 Minnesota ............ 6 Oklahoma ............. 3.25 Wisconsin ............. Hawaii ............... 5 Mississippi ............ 6 Oregon ............... 0 Wyoming ............. 3 Idaho ................5 Missouri .............. 4.225 Pennsylvania .......... 6 Average .............. 4.4-[I[-- Q Construction Time Requirements (Div. O10-O18) Table below is average construction time in months for different in months for different size projects. Design ti me runs 25% to types of building projects. Also shown is the construction time of construction time. Type Building Construction Time ,,Project Value Const'~'uction Time Industrial Buildings 13 Months Under $1,000,000 10 Months Commercial Buildings 15 Months Up to $3,000,000 15 Months Research & Development 17 Months Up to $15,000,000 21 Months Institutional Buildings 18 Months Over $15,000,000 28 Months (~ Arohiteoturel Fees (D~v. 0~0-0~) Tabulated below are typical percentage fees, below which adjusted proportionately. For alterations, add 50% to the fee for adequate service cannot be expected. Fees may vary from those the first $500,000 of project cost and add 25% to the fee for listed due to economic conditions, project cost over $500,000. Rates can be interpolated horizontally and vertically. Various Architectural fees tabulated below include Engineering Fees. ~ortions of the same project requiring different rates should be Total Project Size in Thousands of Dollars Building Type 100 250 500 l,O00 2,500 5,000 lO,O00 Factories, garages, warehouses 9.0% 8.0% 7.0% 6.2% 5.6% 5.3% 4.9% repetitive housing Apartments, banks, schools, 11.7 10.8 8.5 7.3 6.7 6.4 6.0 libraries, offices, municipal buildings Churches, hospitals, homes, 14.0 12.8 11.9 10.9 9.5 8.5 7.8 laboratories, museums, research Memorials, monumental work, -- 16.0 14.5 13.1 11.3 10.0 9.0 decorative furnishings 374 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Between Owner and ^rchitect 1~77 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the twenty ninth day of August in the year of Nineteen Hundred and Eighty Eight. BETWEEN the Owner: CITY OF SANDY, OREGON P. O. Box 116 Sandy, Oregon 97055 and the Architect: BRUCE A. SAMUELSON, A.I.A. 35 N. E. 17th Avenue Portland, Oregon 97232 For the following Project: (Include de~iled descr~on of Project Io~on ~d sc~e.) R~!ocation of present City Library and Police Departments to remodeled space in the p£esent building known as the STONE BUILDING located aE 38988 Proctor Blvd. The Owner and the Architect agree as set forth below. Copyrigh! 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, (~ 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washinston, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws ol the United States and will be subject to legal prosecution. AIA OOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIAO · ~) 1977 1HE AMERICAN INSTITUTE OF ARCHIIECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(}(}06 B141-1977 I TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT [ I ARTICLE I ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general ARCHITECT'S SERVICES AND RESPONSIBILITIES market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hay- include normal structural, mechanical and electrical lng jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION Pt. lASh in Article '15 as part of Basic Services. 1.4.1 The Architect, following the. Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 CONSTRUCTION PHASE---ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.'1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the rive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components, incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs, ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- tor shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural, structural, mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shall.visit the site at intervals ap- be appropriat,e, propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ih/of the Project or in the Project budget authorized by tih/of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or' procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT !141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 * AIA® · Ii) 1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- Work wherever it is in preparation or progress, stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take to the Contractor based on observations at the site and on other, ap,@r~c~ria, te. action upon the Contractor's submittals evaluation~of the Contractor's Applications for Payment, ~uch"as Shop Drbwings, Product Data and Samples, but and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1..5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro.- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1..5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge, information and belief, the qual- the Contract Documents, and shall have authority to order ity of th~ Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (subiect to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1..5.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pleti, on, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1..5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1..5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the iud§e of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In'the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in good sentatives, the Architect shall endeavor to provide further faith in such capacity, protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SEItViCES those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. AIA DOCUMENT ~141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA~' · © 1977 4 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies, of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- - sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. terns and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceedingor legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces, the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or of submissions and for approvals of authorities having other documents when such revisions are inconsistent jurisdiction over the Project. This schedule, when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE :2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for tl~'e Project including a program, which shall set forth the Owner's design objectives, constraints struction Cost is not commensurate with the services re- and criteria, including space requirements and relation- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 2.2 If the Owner provides a budget for the Project it 1.7.14 Making investigations, surveys, valuations, inven- shall include contingencies for bidding, changes in the tories or detailed appraisals of existing facilities, and serv- Work during construction, and other costs which are the ices required in connection with construction performed by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project, and their source. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIAO · ~ 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1141-1977 5 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services, cie 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- lng property; rights-of-way, restrictions, easements, eh- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths, rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations, tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such 2.7 The Owner shall furnish all legal, accounting and in- fixed limit has been agreed upon in writing and signed by surance counseling services as may be necessary at any the parties hereto. If such a fixed limit has been estab- time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- tions for Payment or to ascertain how or for what pur- termine what materials, equipment, component systems poses half of the the Contractor Owner. uses the moneys paid by or on be- and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof, after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not corn- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the 'Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owrfer shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- pedit;ously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIAe · ©1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion tor any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be' entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, comPensation for such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAt SERVICES 6.2.1 Payments on account of the Architect's Additional ARTICLE 5 Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over the Project. 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services pedormed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants, due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including iSrofessional liability insurance, requested raining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants, be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF OOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 8.1 DraWings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENI' ~141 · C)WNER-ARCHIT[CT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA~ · © 1977 THE AMERICAN INSTITUT£ OF ARCHITECTS, '1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 other projects, for additions to this Proiect, or for comple- 111.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the malic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal, place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ins as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant meat to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing arbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind . themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of TERMINATION OF AGREEMENT this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- meats, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph '10.4. Owner and Architect. AIA DOCUMENT 1141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIAO · ~) 1977 8 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of No Prepayment dollars ($ 0.0 0 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other ~ices included in A~icle 15 as part of Basic Se~ices, Basic Compensation shall be computed as ~liows: (Here insert basis of compensation, inclu~ng ~ed amount, mult~l~ or percent~es, ~d idenli~ ~ ~ ~i~ particu~r me~s of c~pe~ t/on ~ply, if nec~sa~,) Hourly rates for services provided in the preparation of Specifications and Drawings and Contract Administration assistance for actual time spent on the subject project will be billed at the following for Architects staff: Principal: $37.50 per hour Senior Draftsman: $28.00 per hour Junior Drafts person: $21.00 per hour Clerical: $21.00 per hour The above rates will be used for actual time spent on the subject project but is not to exceed the sum of $13,700.00 for Architectural, Structural, Mechanical and Electrical Fees· 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the ~otal Basic Compensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: percent ( %) Design Development Phase: percent ( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent ( %) Construction Phase: percent ( %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT 1141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · ~ULY 1977 · AIA~ · (~ 1977 THE AMERICAN INSTITUI'E OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2~06 B141-1977 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis of compensation, including rates and/or mulHples ot Direct Personnel Expense for Principals and employees, and identHy Principals and classify employees, it required. Identih/ specific services to which particular methods ot compensation apply, if necessary.) At hourly rates for additional services as noted in Article 14.2.1, Basic Services for Architectural work and at hourly rates for Engineering work as noted in Article 15. No Structural review of the existing building construction has been deemed necessary and Structural Engineering will be limited to reinforcement at new windows in exterior walls. Heating, Ventilating and Air Condition- ing Engineering will be limited to new duct design for new spaces from existing equipment. Plumbing Engineering work will provide for new services to be provided. Electrical Engineering will re- vise the present Electric Panels to ac6ommodate new power circuits and lighting circuits from existing building service. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of one point one zero ( 1 . 1 0 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 75, il required. I 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of one point zero ( I . 0 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate ol interest agreed upon.) IUsury laws and requirements under the Federal Truth in Lending Act, similar s~ate and local consumed credit laws and other regulations at the Owner's and Architect's principal places of business, the location ot the Project and elsewhere may affect lhe validity ot this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve (1 ~ months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIAe · ~) 1977 10 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 15 OTHER CONDITIONS OR SERVICES Present Hourly rates for Consultant Engineers will be billed at the following: STRUCTURAL Engineering: Principal: $55.00/Hour Project Engineer: $45.00/Hour Drafting: $30.00/Hour Clerical: $21.00/Hour MECHANICAL Engineering: Principal: $62.00/Hour Project Engineer: $52.50/Hour Project Designer: $45.00/Hour Engineering Technician: $35.00/Hour Draftsperson: $28.00/Hour Clerical: $20.00/Hour ELECTRICAL Engineering: Principal: $62.50/Hour Senior Engineer: $54.00/Hour Engineer: $48.00/Hour Draftsperson: $28.00/Hour Clerical: $21.00/Hour Computer: $17.00/Hour AIA DOCUMENT 1141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 19~' · AIAO · ~) 1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1141-1977 11 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT CITY OF SANDY BRUCE A. SAMUELSONt A.I.A. F. O. Box 116 35 N.E. 17th Avenue Sandy, Orego~ 97055 AIA DOCUMENT ~141 · OWNER-ARCHITECT AGREEMENT · THIRTI~ENTH EDITION · JULY 1977 · AIAe' · ~) 1977 1'~ B"~41-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ] j'B K METRO COMMERCIAL B NK,N CENTER 825 N,E, MULTNOMAH P.O. BOX 12565 PORTLAND, OREGON 97212-0565 _ November ], 1989 City of Sandy P. O. Box ]16 Sandy, Oregon 97055 RE: MARTIN CONSTRUCTION PROJECT #8805 ATTENTION: BRUCE A. SAMUELSON The above named company is currently indebted to U.S. National Bank of Oregon. The company has pledged accounts receivable to the Bank, as evidenced by U.C.C. filings currently of record. Company records reflect you currently owe the sum of $24,000.00. You are hereby instructed to make your remittance payable to the Bank and forward to the undersigned, in order to insure you receive proper credit. In the event you have issued a check and it has not cleared, please order a stop payment and reissue in favor of the Bank. Should there be any questions, contact the undersigned immediately. ooperation is appreciated. Commerci~'FAccount Officer 275-5284 CERTIFIED MAIL cc: First Class Mail United States National Bank of Oregon MEMBER FDIC A U.S. Bancoep Company BUSINESS REPLY MAIL FIRST CLASS MAIL PERMIT NO. A-.496 PORTLAND, OREGON POSTAGE WILL BE PAID BY ADDRESSEE U.B. BANK EAST METRO COMMERCIAL CENTER I~.O. BOX 12565 PORTLAND, OREGON 97212-0565 Form 668-A(C) [ Department of the Treasury - Internal Re ,ue Service ~R~v Ju,~,~89~ ,SERIAL # 103107 Notice of Levy Date District Telephone number of Tue Oct 31 1989 PORTLAND IRSOffice 503-326-5756 P O BOX 4451 PORTLAND, OR 97208 Name and Address of Taxpayer MARTIN CONSTRUCTION OF OREGON INC. 1404 N.E. lllTH TO: PORTLAND, OR 97220 CITY OF SANDY P.O. BOX 116 SANDY, OR 97055 RE: PROJECT 8805 Identifying Number(s) 93--0989338 Tax Unpaid Balance of Statutory Total Kind of Tax Period Ended Assessment Additions 941 06/30/89 15,250.76 633.56 15,884.32 THIS LEVY WILL NOT ATTACH TO ANY INDIVIDUAL RETIREMENT ACCOUNT (IRA), RETIREMENT PLAN BENEFITTING SELF-EMPLOYED INDIVIDUALS. OR ANY OTHER Total amount due > $15,884.32 QUALIFIED PLAN IN YOUR POSSESSION OR CONTROL. Interest and late payment penalty have been figured to 12/01/89 Chapter 64 of the Internal Revenue Code provides a lien for the above tax and statutory additions. Notice and demand, as required by the Internal Revenue Code, have been made, and the taxpayer has neglected or refused to pay. This amount is still due, owing, and unpaid. All property, rights to property, money, credits, and bank deposits now in your possession and belonging to this taxpayer (or for which you are obligated) and all money or other obligations you owe this taxpayer, are levied upon for payment of the tax, plus all additions provided by law. Demand is made on you either to pay this tax liability or pay any smaller amount that you owe this taxpayer. Money on deposit at banks, credit unions, savings and loans, and similar institutions described in section 408(n) of the Internal Revenue Code must be held for 21 days from the day you receive this levy before it is sent to us along with any interest the taxpayer will earn during that time. In all other cases, you must turn over the taxpayer's property, money, credits, etc. just as though the taxpayer had demanded it. Please make your check or money order payable to the Internal Revenue Service. Write on your payment the taxpayer's name, the identifying number(s), kind of tax, and tax period shown above, and the words "LEVY PROCEEDS". Complete the back of Part 2 of this form and mail it to us with your payment in the enclosed envelope. Keep Part 1 for your records and give Part 3 to the taxpayer within 2 work days. If you do not owe funds to this taxpayer, please complete the back of Part 2 and return all copies in the enclosed envelope. Make reasonable efforts to identify ail accounts in the taxpayer's name using Address, Social Security, andor Employer ID number as a minimum. Do not offset funds the Taxpayer owes you without contacting the IRS Office shown above by phone for instructions. Part 3 - TO BE GIVEN TO TAXPAYER Ex~rpt~ f~om the Intlmll Revenue Code eEC. 6331. LEVY AND DISTRAINT. SEC. $~,84. PROPERTY EXEMPT FROM LEVY. (b) Seizure IflO Sale of Property--The term "livy" Il ~ in (I) Enumeret~On.--Thara shall be exempt from levy-- this title includes the power of diltreint and leizure by Iny mllnl. Ex. ~ Is otherwise provided in aubiection {e}. a levy ~hell extend only to (1) Wearing apparel and Ichool books.--Such Items of pro~erty po~eeseec' ind obhglt~ons IXllt*ng II the time thereof. In Iny wearing apparel ind luch ~ho~l ~ es era neeeeeery for the tox- C~N In which the Secretary may levy upon proberty or rlght~ to Ix~l~rty, ~yer er far membirl ef nil family, ha may lelza and cell such property or rights to pr~rty {whether till or (2) Fuel, provtl~ons, furniture, Ind per.oriel effecll--lf the plrlonll, tangible or ~nteng~ble~ taxi. yet ti the head of · family, Io much of the fuel, prov~s~ons, fur- lc} Succelaive Satzurll--VVhlne~lr any properly or right to nllure, Ind plrlonal e~ecl~ in his houmhold, and of the arms far I~r- prol3erty upon which levy has been mede by virtue of aub~ction Ia) ie ~onal u~e. livestock, end pouhry of the taxpayer, as does not exceed not lufficient to satisfy the claim of the United Stetel for which levy le 11.650 ($1.550 in the call of levies ilsued during 1989) in value; mede, the Secretary may, thereafter, end as o~ten as rely bi necessary, {3) Bool~ end tools of I trade, bueines~ or proration--So proceed lo levy in like manner upon Iny other propert~ liable to levy of many of the books and tools nec~ry for the trade, bus,ne., or the perlon agmnst whom such claim ex~sts, until the Imount due from profllliOn of the taxpa¥1r Ii do not ixceed in thl segregate $1,100 (S1,~0 him. together with ell axpenael~. ~s fully paid in the cale of levies issued during 1989) in value. SEC. B332. SURRENDER OF PROPERTY SUBJECTTOLEVY. 16) Unde~ivlred meil.--Me;I, adllrllled te any I~rlen, whJlh (I) Rlcluiremant --Except I~ otherwile provided in lubllclione hal I~t been ~lllivlrld to the addressee. (b) and tc), any person m possession of (or obligated with rlN:~Ct to) property or SEC. 6343. AUTHORrTYTO RELEASE LEVYAND RETURN PROPERTY. rights to property subject to levy upon which a levy has been mede shill, upon demand of the Secretary, surrender luch I~'O~trty or rlghta tl~e (e) Reliase of Levy and Not,ce of Release.-- d~lcherge such obligetien) to the Secretary, except luch pert Of proplr~ or rights as is, e~ the t~ma of luch demand, lubject to an it- (1) In lenaraI--Under relulatiens prescribed by the Secretary. tachment or execution under any judicial proclla, the Secretary shall release the levy upon ell, or part of, the I~roperty or ri~htl to property levied upan end ihell premptly netify the ~erecn Ulsan (b) Spic,el Rule for Life Insurance and Er~lowment Co~tJ'ectl. whom luch livy wis midi (if any) that luch levy has been releeled IlJ in genereI--A levy on an organization with relpect to e ~A.)the lilbility for which such livy wis midi is latisfied er life insurance or endowment contract ~seued by Iuch organization shill, bleome$ unenforcalbla by rae~on of Ilpla of time, without necessity for the surrender of the oontract document, conetifute e demand by the Secretary for payment of the amount der. cr|bid in (I) relelae If such levy will facilitate the eellectien of aueh paragraph (2) en~ the axerc*se of thl right of the perlon against whom liability, tax assisted to of such amount Such orglnization the the advance Ihall pay ove~ such emoun~ 90 days Char ~ervice ot not*ce of levy Such ICl the taxplyar has entered into In igreamant under lection notice shall include s cart*hcat~on by the Secretary that s copy of such 6159 to ~tiafy such lisbiht~ by mean~ ef installment 19ayment~. unl~ notice has been mailed Io the I~erson against whom the tax ia alleMed luch agreement provides otherwise, at his last known addres,~ {D) the Secretary h&~ determined that such levy is creating an (2) Sat~stacl~on of levy--Such levy Ihell be deemed to bi economic hlrdehip due to the financial condition of the taxpayer, or setilfied if eucn orgemzat~on pays over to the Secreta~ the amount (E} the fair market value of the property exceeds such liability and which the person agams* whom the tax is assessed could have had Id- release of the levy on a part of such preperty could be made witheut rancid to him by such orgamzation On the date preecrlbed in parogrlph hindering the oollection of such liability. I1) for the lati~fection of such levy, increased by the amount Of any ed- vinci lincluding contractual interas! thereon) made to lUCh perlon on or For purpo~ If lubp~ragrat~h {C}. the Secretary is not ra<luired ta relea~ after the date such organization had actual not.ce or knowledge (within such livy tf such ralssse weul~l ~eel~srd~Ze the a~ured creditar the meaning of section 6323 (i)~1)) of the existence Of the lien wfth thlSecretary. rolpecl to which such law/ ~s mecte, other than In idv~rtce (including contractual interest thereon) mede automatically to maintain such ~n- (21 ~ited detarminetien en eertein buaine~ tract in force un;tar an agraemam entered into before luch orglnisetion the celaot any tangible personal preperty e~entiel in carrying en the trecle or business of the taxpayer, the Secretary shell provide far an had such notice or knowledoe pedited determinetien under parslrel~h (1) if law on such tangible persenel (3) Enforcement proceed~ngl.~The I~tisfaction of I levy property would prevent the taxpayer from oerrying on luch trlda or businl~l. um:ier paragraph {2} shall be without prejudice to any c~vil Iction for the of any lien imposed by this title with raKoect to luch Subsecluent enforcement levy.--Thl livy ~n any prol~erty tract parlgrlph (1) Ihlll not prevent any eub~<luent levy on such property. (c) Spic,el Rule for Banks --Any bank (aa defined in ~eotion 40~n)) (b) Return of Propar~.~lf the Secretary determines that prel~rty Illl been wron~ully levis4 u~n, ii Ihell bi lawful for the Se<~retary shall lurrender Isubjec~ to an etlachmont or execution under judictll any depolJtl (including interest thereon) in luch bank only ~ter 21 dey~ after to return--- ~rvice of levy (1) The II~clfic pro. ray levied upon. (d) Enforcement of Levy (2) In imeunt if manly elluel ta the emeunt if manly levied uIl~n, or {1) Exlent of parecnel Iilbility ~Any perlon w~o fllll or rifulex to surrender any pro~erty or r~ghts to property, subject to laW. (3) In imeunt ef menay IIIUII ta the Imount if manly upon ~mancl by the Secretary, shell bi hel~le in his ovv~ porlon end by the United Stat~fr;m e s els if ~e~h praperty. eetete to the Uniled Stete~ in a lure I(lull to Ihs vllul Of thl pro~erty or Proplrly rely bi returned It Iny time. An imeunt equal ta the ameun~, if r~ghts nm ~ eurrenpared but not exceeding the amount of taxel for the money levied upon er received from luch ~ie may be returned at any oollection of which such levy has been made, together w~h ~ Ind in- time before the expiration of g months from the dele of luch livy. Far tarlll on luch sum e! the underpayment rate eltablished under IlctJorl 6621 purposes of paregrlph (3}. if propan'y is declared purchased by the from the ;late of luch le~, lot, in the case of e levy de~crlbid in M~tion United Stetex at a Mia pursuant to ~ectioo 6335<e) trelating to manner 6331 (dX3), from the date such parson would otherWtse hevl bl~n Ind conditior~a of I~lk). the United State~ shall be treated as having obligated to pay ove~ such amounts to the taxpayer). Any Imount {other recoiv~l en Imount of money equal to the minimum price determined thin colta} recovered under this paragraph ihell bi credited oglinlt the puf~ulnt to luch II~tion or (if larger) the amount received by the United tea lilbility for the collection of which such levy vv~e mede States from the r~l~ie of such prN~erty. (2) Penalty for v~ollt.on --In Iddltio~ to the I~rlo~ll liability tmpoeed by paragraph (1), if any parlon required to lul1'e~r ~' · ~' I~ ~i' ~r ~' property or rights to pro~)erty fails or refuses to lurrender luch or rights to pro~oerty w~thout rlelonable cause, such perlon Ihell be liable for I penalty equal to SO percent of the amount recoverlbli under iI)llrl~reph (1)r NO part of such peneEy Ihell bi credited Iglin~l the tax Apl~ligebli ~e~"t/~na ef Internal Revenue Cede bihty for the collection of which luch levy w~l ~21. MEN FOR TAXES. Il) Eftecl of honoring levy,--Any perlo~ In poMellio~ of Ior ~322. PERIOD OFtlEN. obltglted with raN)ecl to) property or rights to prop~r~y lubject to livy ~32S. RELEASE OF MEN OR DISCHARGE OF PROPERTY. upon which I levy hat been mede who, upon demand by the Secretary, ~331. LEVY AND DI;TRAINT. lurrenderl such property or rights to property ~or di~,,hargel such ~332.$URRENDEROFPROPERTYSI,/B, JECT TO LEVY. obligation) to the Secretary (or who pays a liability under eubeeotion ~353. PRODUCTION OF BOOKS. (d) (1)) ihell bi discharged from any obligation or liabili~y to the 63~4. PROPERTY EXEMPT FROM [.EVY. delimluent taxpayer end any other perlon with retpect to luch ~ or ~343. AUTHORITY TO RELEASE LE'~' AND RETURN PROPERTY. rlghta to properly arising from such aurronder or payment. 742B. CIVIL ACTION~ BY PERSONS OTHER TNAN TAXPAYERS. SEC. e333. PRODUCTION OF BOOKS. 7429. REVIEW OF JEOPARDY LEVY OR ASSESSMENT PROCEDURES. For more Informltion about this notice, please c~ll the phone number on If a levy has been made or .s about to be mede on iny prol)erty, or the front of this form. right lo prol3erty, any perlon having custody or control of any book~ or records, contaimng evidence or Itatement$ relating to the prol3~ly or right to property subject to levy, ihall, upon demand of the Slorltlry, exhibit such books or record~ to the Secretary. Farm 661-NC)(Rev. 7-11} P.O. BOX SANDY, OREGON 97055 Project File Telephone 668-5533 Location Made by Ck. By__Date Page__Of__ MEMORANDUM TOT CLAY MOORHEAD, CITY MANAGER FROM~ TAMARA DeRIDDER, CITY PLANNE~~ DATE: NOVEMBER 2, 1990 SUBJECl: ACTION LIST TO COMPLETE POLICE/ LIBRARY BLDG. OCCUPANCY The City is required to comply with the attached list of corrections~ dated October 30, 1990, in order to be in compliance with the UBC and receive Occupancy for the renovations to the Police/ Library Building~ The purpose of this memo is to identify the steps that need to be taken to satisfy these issues. ITEM # 1: Second exit. Per conversation with Don Lavendar, Gresham Building Official, on November ~, 1990, the exit for the library through the meeting room is adequate as a second exit providinq that a seatinq olan is ~pproved by the buildinq official creatinq ~ continuous 44 inch corridor. Action: Planner will draft a seating design for the meeting room that will retain a 44 inch corridor to UBC standards. ITEM # 8: Dead bolt and signage. Dead bolt on the rear exit is to be removed. Upon clarification of this requirement I was informed by the building official that all dead bolts on emergency exits are to be allowed only if activated by panic hardware. The Occupancy for this structure is Group "A", as identified by Don Lavender, and requires a signage over the front exit stating THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS. Action: The issue of replacing dead bolts and ~lush bolts with panic hardware, such as a three point system, may be expensive. This issue needs to be clarified by the architect and building official~ Installation required by contractor and as directed by architect~ Contractor is to install required signage. ITEM # 3: Address of the Police and Library sections are to be visible. Action: Contractor is to install correct addresses. Library 38980 Proctor Blvd. Police 389?0 Proctor Blvd. i~EM # 4: Handrail to be installed in stairway to the Mezzanine~ Action: Contractor is to install existi~g handrail~ ITEM # 5: One hour corridor. Stripping on hallway doors with a smoke gasket is required~ Action: Contractor to install. ITEM # 6: Flush bolts removed. As stated previously, all flush bolts and dead bolts are to be removed unless activated by panic hardware. What type of hardware is to be used to replace this what exists needs to be determined by the architect and building official. Action: Contractor to install correct hardware as directed by the architect. ITEM # ?: Ceiling seismic bracing. The city is required to have a minimum of two diagonal wires (12 gauge min.) securing each light housing and one wire securing each diffuser to protect the public in the event of seismic activity. Action: This item is to be verified by Public Works. If they have not been installed then the Bonding company for Martin Construction needs to be contacted by the City Manager to assure that this is corrected, in accordance with the specs of their contract. ITEM # 8: Fire Extinguishers. Minimum extinguisher required by the Building Official is 2A10 BC with a 50 ft. torch distance. Action: Library Director is to research and purchase appropriate fire extinguishers~ ITEM # 9: Approved Plans have been found and are at City Hall. ITEM # 10: Provide verification that Early Warning Fire Detection System is working. Action: Library Director is to have the Local Fire Marshall review the system and provide the Building Official a satisfactory notice of inspection. The items that have been identified as required for action/ installation by a contractor' are to be included as a separate request to the company who completes the seismic reinforcement (ITEM # ?). If # ? is satisfied, the City Manager is to determine the extent of the improvements and initiate a bidding procedure. NOTE: The City is Occupying the structure at our own risk (per A1 La~itomeire, Gresham Building Inspector, 10/30/90)~ CC: Sue Newlands, Library Director Mike Walker, Public Works Director Fred Punzel, Police Chief 1353, NI¢ E~s~tmah Parkway Gresham, Oregon 97030 Bus~ness Phone 661-3000 Ext. 410, 411, 440 1333,,~ 'a,'.an'Parkwa, Gresham, Orego, 97030 Business Phone 66~-3000 Ext. 4~0 4~], 440 BUILDING SHALL ~O~FORH ~0 THE 1985 U.B.C. & STATE OF OREGON BUILDING COD~S: ~~. ~f ~ ~ ~ ~~ ~y, a ~~ f~ ~ $15.~ ~ ~ ~ ~y THOMAS L. LA FOLLETT ATTORNEY AT LAW P. O. BOX 428 81 NORTH GRANT STREET, SUITE CANBY, OREGON 97013 CANBY (503) 2~-8084 NEWBERG (50~) 538-2177 January 4, 1990 June Peterson, City Recorder City of Sandy 39250 Pioneer Boulevard Sandy, Oregon 97055 Certified No. P 142 532 931 RE: Notice of Claim Against Contractors Bond Dear Ms. Peterson: Enclosed is a statutory notice that my client, E. S. Clift and Sons, Inc., is making a claim against the contractors bond posted by Martin Construction Company in connection with the Sandy City Hall and Library project. rf you have any questions please contact me. Yours truly, Thomas L. La Follett TLL/mw Enclosure cc: E. S. Clift and Sons, Inc. NOTICE OF CLAIM AGAINST CONTRACTORS BOND January 2, 1990 To: June Peterson, City Recorder City of Sandy 39250 Pioneer Blvd. Sandy, Oregon 97055 Notice hereby is given that the undersigned E. S. Clift and Sons, Inc., has a claim for labor and materials in the form of cabinets, casework and a book drop cabinet supplied by E. S. Clift and Sons, Inc., in the sum of twelve thousand two-hundred eighty-seven ($12,287.00) dollars against the bond taken from Martin Construction Company and Amwest Surety Insurance Company, for the work of the remodeling and relocation of the Sandy City Hall and Library. Such material or labor was supplied to Martin Construction Company. The last date such material or labor was supplied was December 21, 1989. E. S. Clift and Sons, Inc. By 3~<~ ~- ~ / Wes Lohman, President NOTICE OF AWARD To: Martirl Con~tYuctJon 1404 NE illth Portland, OR 97220 PROJECT description: RENOVATION AND REMODELING SANDY LIB.RARY/POL.ICE BUILDING The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated Februa~.y ].0~ , 1989, and Information for Bidders. You are required by the Information for Bidders to execute the Agreement and furnish the required OONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance within five (5) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within five (5) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the Owner's acceptance of your BID as abandoned ~nd as a forefeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE TO AWARD to the OWNER. Dated this ~_~--~da¥ of ,-~_o~ . ~9S9. CITY OF SANDY Owner ACCEPTANOE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by ~-~"~ ~-~ ~ue.~. , this the ~'~ d~ of AGREEMENT THIS AGREEMENT, made this 22 day of March .. , 1989, by and between City of Sandy, Oregon hereinafter called "OWNER" and Martin Construction Co of Oreqon Inc. doing business as (individual) or (partnership), or (a corporation) hereafter called~ "CONTRACTOR". WITNESSETH: That for and in qonsi~eration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the renovation and remodeling at Sandy Library/Police Building. 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. The Contractor also agrees that he shall comply with the provisions of Sections 2?9.348 to 2?9.365 of the Oregon Revised Statutes regarding payment of prevailing wage rates. $. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within five (5) calendar days after the date of the NOTICE TO PROCEED and will complete the same within 90 consecutive calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ 133,916.00 or as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" MEANS and includes the following: (A) Advertisement for BIDS (B) Information for BIDDERS (O) BID (D) BID BOND (E) Agreement (F) General Conditions (G) Technical Specifications (I) PERFORMANCE BOND (J) NOTICE TO AWARD (K) NOTICE TO PROCEED (L) BID SCHEDULE (M) DRAWINGS (N) SPECIFICATIONS (0) ADDENDA: -'. NO. , dated .. ~ , 198 No. . , dated , 198, No. , dated , 198 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all Parties and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in ( Three ) copies each of which shall be deemed an original on the date first above written. (SEAL) OWNER: Martin Construction Co BY Name Roger Martin Name ~ C~ ~.~~ (Please Type) (Please Type} (SEAL) CONTRACTOR: ATTES~~ iL//~--- ~~ ~me~~ /~~ Name ~0g~~~n~ (Please Type) (Please Type) Title President Address: ~grc@l~on : D-2 I (',';:'Y ~ ':' :': , ' .., ' . ~p_,. , ', , -,& , .. U~ ~;LLIN~ ~F~fi?;~Z INFOfiM~TiO;I [FIRST 24 C~R~CTERS WILL APP~ O~ I~VJCE.) ~ ~ ~lg FOB P~CK-UP, J FED~ ~ ~ ~ C::'.~.': T-PJ I 7 ~ 3 DELIVE~ SATUflDAYr~ ~ )thor 1 ~mved Al X I I 8 ~ 3D 40 5~ Drop ~x B S C S~fion R~ ~ I~ P~u~ · , - '- ~1 ~ Date/Time lo~ FEDEX U~ I~ONI) NO. ll776~2 PRi,iM] UM: $3,2]4.00 .~;BG # 1©00- ] d869-O2d-f19 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we MARTIN CONSTRUCTION COMPANY aS principal, and AMWEST SURETY INSURANCE COMPANY duly authorized to transact surety business in the State of Oregon,: as surety, are held and firmly bound unto CITY OF,SANDY, OREGON, a municipal corporation, hereinafter called the "OBLIGER," in the full and 3ust sum of O0 ARS ($ 1~916.00 ) f~"~~n~~6~ Principal and Surety bind themselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal herein has made and entered into a certain Contract, a copy of which is attached herein, with the City of Sandy, Oregon, which Contract, together with the applicable plans, specifications, and schedule of contract prices, is by this reference made a part hereof, under which Contract the Principal agrees to furnish certain materials and to perform certain work consisting of: RENOVATION & REMODELING AT SANDY LIBRARY/POLICE BUILDING SANDY, OREGON This Performance Bond shall guarantee the improvement against defects in materials or workmanship for a per~od of one (1) year from the date of written acceptance by the City of Sandy, Oregon, by its authorized representatives. ... NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said Contract, in all respects, and shall well and truly and do all matters and things by him ~ndertaken to be fully and'perform performed under said Con~ract, upon the terms set forth therein, and within the time prescribed therein, aha!1 make payment promptly, as due, to all subcontractors and to all p~rsons supplying to the Principal or his subcontractors, equipment, supplies, labor or materials for the prosecution of the work, or any part thereof, provided for in said Con'tract; shall pay all other ~ust debts, dues and demands incurred in the performance of said Contract; shall pay the City of Sandy, Oregon, such damages as may accrue to the City under said Con'tract; and shall in al/ respects perform said Contract accora._ng to law, then this obligation is to be void, othcrt~ise to remain in full force and effect. .~!,(,, ] {2C This bond is given and received under the authority of Chapter 279, Oregon Revised Statutes, the provisions of which are hereby incorporated into this bond and made a part hereof. IN WITNESS WHEREOF, the seal and signature of the said Principal is hereto affixed and the corporate seal and name of the said Surety is hereto affixed and attested by its duly authorized attorney-in-fact and agent at BELLEVUE, WA this 23rd day of MARCH , 19 89 . -.. hgency Name ~4wEs~ SURETY INSURA~ COMPANY 98004 Attorney-in-Fa~t~urety Mailing Address K. DIANE REiGERS ~ (Attach copy of Power of Attorney) 206-451-7407 Telephone Number E-2 ' ............ Zf~ P.O. BOX 4500, WOODLAND HILLS, CA 91365-4500 " E i 4 0 0 3 W/-'~ (818) 704-1111 JANUARY 1, 1990 - LiiVliTED POWER OF ATTORNEY No Power of Attorney on this form shall be valid as to bonds, under- i: 7 7 6,3 2 (READ CAREFULLY) takings, recognizances or other '-~ ~-p¢?.~;~f~i(o%.~,fi-~-~'-'b-(ee/d---- written obligations in the nature ce:... ~re:J in connection with the TO be used only in conjunction with the bond thereof executed on or after said ~.:,~:',a ~ond number· specified herein, expiration date. =R,NCIFAL ~.DARTIN CONSTRUCTION COMPANY PENAL SUM S .1..33,916____. 00 OBLI.aEE CITY OF SANDY, OREGON r-~:;,ver of ,:.:'.orr:oy may not be used in conjunct[on with any oil]er power of attorney. This Power of Attorney is void if altered or erased. This document :...d .~n blue paper wth biack and red ink. This power of attorney bears a raised seal of AMWEST SURETY INSURAI'~'CE COMPANY. Only originals Pov. er of Attorney are valid. No representations or warranties regarding this Power of Attorney may be made by any person c;her than r,n cu';horized ~;f AMWEST SURETY INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of/,t[o~ ney must be aOdrc:~::::d AMVrEST SURETY INSURANCE COMPANY at the address and telephone number set forth ~t the Ibp of this Power of Attorney, Attention: Undur,',nting .~:.a-t;n,.. ::. This Power of Attorney shali be governed by the laws of the State bi California. Any power of attorney used in con. neet(on with any bend issued WEST SUR--TY INSURANCE COMPANY on or after February 21, 1989 must be on Amwest Form UN-A1007 (REV. 2/89). Ail other previous power :"-ey forms issued by AMWEST SURETY INSURANCE COMPANY have been revoked and are bi no further force or effect. ~._~, MEN BY THESE PRESENTS, that AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION, (the "Company"), does hereb K. DIANE REIGERS AS EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY amc is,,.,;ui A~torney(s)-in-Fact, with limited power and authority for and on behalf of the Company as surely, to execute and deliver and affix the seat of the :c~':ar:, :~-,:~rat? if a seat ~s required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: Scads to 5253,000; S,"-a!~ 5usmess Administration Guaranteed Bonds up to $250,000; L ?~"s-? Pa-mit & Miscellaneous Bends up to $25,000. m: :c 2~ ~:: AMWEST SURETY INSURANCE COMPANY thereby. This appointment is made under and by authority of the following provisions of the By-Laws i ire C,?:F-'2~,a,'%~,r, ,',h:ch are now in full force and effect: .~,~ ce Itl. Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY '7", s P~,,~r of A:;orney is s~gned and sealed by facsimile under and by the authority of the following resolutions adopled by the board of directors of ,M~,', ~'3T SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESO~.VED thet the president or any vice-president, in conjunction with the secretary or any assistant secretary, may appomi attorneys-in-fact c- ~e.ms ~ ;.,n ~jthonty as defined or limited in the instrument evidencing the appointment in each cas% for and on behall of tho Cornpany to c, xecule zn: ~'s,;, er aa: ~ff,x the seal of the Company to bonds, undertakings, recognizanceS, and suretyship obligations of all kinds; ~nd said officers may ~¢-~:c'.. e .~' 5. u-.:h zttorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company ,', ,,, ~,en s,g~ed by the president or any vice-president and attested and sealed (if a seal be required) by any secretary or assistant secretary; or ¢~'. ¢,he:~ s~gned by the president or any vice-president or secretary or assistant secretary, and countersigned and sealed {if a sea! be required) cul~ a,,mcnze~ attorney-in-fact or agent; or (u.~ when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within tho limits of thc a~;:'..'nty evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature Of any authorized officer and the seal of the Company may be affixed by f~csimile to any power ~f ~::cr.~ ?y or certif,cat,on ~hereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship ob!i~ations of · -* ..... "r;:..¢. ......., 3.cd such signature &nd seal when so used shall have the same force and elfect as though manually affixed. ", ¢, -,',,ESS W~FREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officers, and its corporrm .~., :.: :.~ -.-.--.:..-:3 ~.¢~,x.~.~ ~r~:s 21 __ day of February 19 .. 89 · ~ Gary R. Pelersorl. P,m$~clenl Karen G. Cohen. Secrelarv ~rE .t~- ;A.._;FCPN~ C©UNTY OF LOS ANGELES--ss ,_-. ._~ __21 _ d,,,. ~t February __ A.D., 19 .... 89 , personally came before me _ Gary R. Peterson and Karen G. Cohen : , '.-.7,'..~ .; = ? !h-3 ',nC:',]duals and officers of AMWEST SURETY INSURANCE COMPANY, CALIFORNIA who executed the above inslrument, and they each :,.~ .: .', ~.':.;9c "~ :,ze;u~on of the same. and being by me duly sworn, did severally depose and say: thai they are the said officers of the corporation aforesaid. r-~; '~af ;~e seat aft'xed [o doe above instrument is the seal of the corporation, and that said corl:x)rate seal and their signatures as such officers were duly affixed ::~ :;..: :3' .~e~ ',3 ',he sa~d ~nst~ument by the aulhority of the board of directors of said COrlm3ration. KAREN T. ~,~ ,,¢~,~ c~,,~,,, (SEAL) ~ .-~.'-~*:,'A. COL, NTY OF LOS ANGELES ~ ss CERTIFICATE : ~ ~ ~;'S g~r ~ ~' secretary of the AMWEST SURETY INSURANCE CO~'~fPANY, a California corporation, DO HEREBY CERTIFY the: the 'e~c '; .~c .~:'.z;'-e~. P~we; of Attorney rommns in full ~rce and hfs not been revoked, and furthermore, that the provis~ons o~ the E~y-Lc, ws of the Company -.: '-~' ;~.:,-;,: _: 2'-:- o~ (bo bcord ci d~rectors set forth in the Power of A~tornoy, are now in force. :~EL%%V;JE WA 2 3 rd HARCH ,909 :'-.~: =.'' .. --..~.I .~:! _ ~ ~ __ ih~s ___ day of 19 March 22, 1989 CZT~F P,O. BOX 1119 CERTIFIED MAIL - RETURN RECEIPT REQUESTED SANDY, OREGON97055 Telephone 668-5533 Martin Construction Company of Oregon Attention: Roger Martin 1404 N.E. Portland, OR 97220 R~:: Sandy Police/Library Remodeling Project Dear Mr. Martin: The City of Sandy has revved the bids that were submitted for the renovation and remodeling of the Sandy Police/Library Building. After reviewing the bids, the City has mede a decision to award the project to you at a total bid amount of $133,916.00. This price will include all four alternates as part of the construction project. Enclosed with this letter you will find a notice of award to Martin Construction Company together with a blank agreement and performance add payment bond forms. Martin Construction will have five calendar days from the date of the notice of award to return the signed agreement and submit an acceptable performance and payment bond. Under the terms of the bid, the bid bond is forfeited if this time line cannot be met. I would like to schedule a preconstruction meeting with you and your foreman on Wednesday, March 29, 1989 at 10:00 a.m. at Sandy City Hall. If this time is not convenient, then I would appreciate a call so that we can reschedule this meeting. I appreciate your interest in the City of Sandy's remodeling project and I look forward to working with you in the future. Sincerely, City Manager CWM:mp Encs. NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. NOTICE OF AWARD To: Martin Construction Co. 1404 NE lllth Portland, OR 97220 PROJECT description: RENOVATION AND REMODELING SANDY LIBRARY/POLICE BUILDING The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated February 10~ , 1989, and Information for Bidders. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance within five (5) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within five (5) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the Owner's acceptance of your BID as abandoned and as a forefeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by /aw. You are required to return an acknowledged copy of this NOTICE TO AWARD to the OWNER. Dated this ~l_~2--~day of .~_~. . 1989. CITY OF SANDY Owner ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by ~-1 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we as principal, and duly authorized to transact surety business in the State of Oregon, as surety, are held and firmly bound unto CITY OF SANDY, OREGON, a municipal corporation, hereinafter called the "OBLIGEE," in the full and just sum of DOLLARS ($, ) for the payment whereof Principal and Surety bind themselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, the said Principal herein has made and entered into a certain Contract, a copy of which is attached herein, with the City of Sandy, Oregon, which Contract, together with the applicable plans, specifications, and schedule of contract prices, is by this reference made a part hereof, under which Contract the Principal agrees to furnish certain materials and to perform certain work consisting of: This Performance Bond shall guarantee the improvement against defects in materials or workmanship for a period of one (1) year from the date of written acceptance by the City of Sandy, Oregon, by its authorized representatives. .. NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said Contract, in all respects, and shall well and truly and fully do and perform all matters and things by him undertaken to be performed under said Contract, upon the terms set forth therein, and within the time prescribed therein, sba!1 make payment promptly, as due, to all subcontractors and to all persons supplying to the Principal or his subcontractors, equipment, supplies, labor or materials for the prosecution of the work, or any part thereof, provided for in said Contract; shall pay all other just debts, dues and demands incurred in the performance of said Contract; shall pay the City of Sandy, Oregon, such damages as may accrue to the City under said Contract; and shall in al/ respects perform said Contract according to law, then this obligation is to be void, otherwise to remain in full force and effect. This bond is 9iven and received under the authority of Chapter 279, Oregon Revised Statutes, the provisions of which are hereby incorporated into this bond and made a part hereof. IN WITNESS WHEREOF, the seal and signature of the said Principal is hereto affixed and the corporate seal and name of the said Surety is hereto affixed and attested by its duly authorized attorney-in-fact and agent at this day of , 19__. By: Principal Agency Name Attorney-in-Fact-Surety Mailing Address (Attach copy of Power of Attorney) Telephone Number E-2 AGREEMENT THIS AGREEMENT, made this day of , 1989, by and between City of Sandy, Oregon hereinafter called "OWNER" and doing business as (individual) or (partnership), or (a corporation) hereafter called~ "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: !. The CONTRACTOR will commence and complete the renovation and remodeling at Sandy Library/Police Building. 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. The Contractor also agrees that he shall comply with the provisions of Sections 2?9.348 to 279.365 of the Oregon Revised Statutes regarding payment of prevailing wage rates. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within five (5) calendar days after the date of the NOTICE TO PROCEED and will complete the same within 90 consecutive calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ or as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" MEANS and includes the following: (A) Advertisement for BIDS (B) Information for BIDDERS (C) BID (D) BID BOND " (E) Agreement (F) General Conditions D-1 (G) Technical Specifications (I) PERFORMANCE BOND (J) NOTICE TO AWARD (K) NOTICE TO PROCEED (L) BID SCHEDULE (M) DRAWINGS (N) SPECIFICATIONS (0) ADDENDA: No. , dated , 198 No. , dated , 198 No. , dated , 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. ?. This Agreement shall be binding upon all parties and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in ( ) copies each of which shall be deemed an original on the date first above written. (SEAL) OWNER: ATTEST: BY Name Name (Please Type) (Please Type) (SEAL) CONTRACTOR: ATTEST: BY Name Name (Please Type) (Please Type) Title Address: agreemen D-2 CITY P.O. BOX 1119 SANDY, OREGON 97055 Telephone 668-5533 July 6, ].990 The Sandy Union High School Construction Class 17100 Bluff Rd. Sandy, OR 97055 The City Council wanted to pay special recognition to each member of the Sandy High School Construction Class that assisted on the Police/Library construction project. With your help, the City was able to complete the project within a very limited project. Your work is greatly appreciated. The City Council passed a formal letter of recognition honoring each of you for your significant contributions as volunteers for the City of Sandy. Thanks again for your assistance. Sincerely, C!a~. Moorhead, Cit~/Manager CWM:mp Enc. NOTE: The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status. LETTER OF RECOGNITION The City Council of the City of Sandy wishes to express its formal recognition to the Sandy High School Construction Class for their efforts towards completing the Municipal Police/Library Renovation Project. Whereas, it was not possible to complete the Municipal Police/Library Renovation Project with funds on hand, and Whereas, the help from volunteers was necessary to make it possible to properly utilize the building, and Whereas, the Sandy High School Construction Class provided their assistance and expertise to help complete the renovation/construction project, and Whereas, their help provided great assistance to the City of Sandy. Now Therefore, the City Council of the City of Sandy wishes to express its thanks and appreciation for the assistance of the Sandy High School Construction Class for their significant contributions as volunteers for the City of Sandy. beane Wesselink, Mayor STUDENTS: Marcus Blackmon Matt Burks Mike Little Chamberlain John P. Gatzke Robert J. Leavitt Tim Littlepage Richard Montgomery Randy Parsons Nathan J. Platz Chris Stone Marcus Blackmon 12771 SE 352nd Boring, Oregon 97009 Matt Burks 46219 SE Wildcat Mt. Road Sandy, Oregon 97055 Mike Little Chamberlain 43050 SE Eisner Road Sandy, Oregon 97055 John P. Gatzke 45323 SE Pagh Rd Sandy, Oregon 97055 Robert J. Leavitt 37600 Sunset St. #13 Sandy, Oregon 97055 Tim Littlepage 33130 SE Kelso Rd Boring, Oregon 97009 Richard Montgomery 14360 Shalimar Sandy, Oregon 97055 Randy Parsons 28425 SE Hwy 212 Boring, oregon 97009 Nathan J. Platz 11255 SE 362nd Boring, Oregon 97009 Chris Stone 54292 E. Reverie Sandy~ Oregon 97055 Department · Student Name IStudent Number Phone Text Lock (Locker) I 15 16 17 31 32 *** CONDITIONAL ertificate This Certificate issued pursuant to the requirements of Section 306 of the Uniform Building Code certifying that at the time of issuance this structure w~ in compliance with the various ordinances of the City regulating building construction or use. For the following: use Classification CITY POLICE DEPA~HEN~ Bldg. Permit No. Group ~-2 Type Construction ~ ~ Ho~t Fire Zone - Use Zone Owner of Building City of Sandy Address ~0 Box ~t6 Building Address 3~9~ PvocLot Blvd. Locality Sa~dy~ 0~ By: Bob Bailey ~~ Date: July 3, 1989 ~~ BuiTdin~ Of ~OST IN ~ CON$~1COOO$ ++~SubjecE ~o CondiEions LisEed on Rever~e Slde. 1. Plumbing to be Completed. 2. Heating and Ventilating System to be Balanced. 3. All Fire Protection in Place. 4. All Hardware be in Place. 5. Library to be Completed and Ready For Occupancy. f -~ ? ~_ ~ ARCHITECTURI BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 August 18, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATION Hr. Clay Moorhead City of Sandy P.O. Box ll6 Sandy, Oregon 97055 Dear Mr. Moorhead: Enclosed is one {1) CHECKPRINT copy of a Certificate of Substantial Completion, A.I.A. Document G704 which has been prepared for the subject project for your review. We have been asked to review the project on August 18, 1989 as to completion of the noted Punch List items initially prepared on July 24, 1989 and subsequently reviewed on August 2, 1989 and August ll, 1989 plus any additional additions by letter since. A new Punch List will be typed on August 21, 1989 and attached to each triplicate copy of the "Certificate" sent to the contractor for signature and forwarding to the City of Sandy for completion. Please note the "highlighted" items and let our office know if you wish changes in dates from that noted. Also, note the underlined "Note" that references "Owner's Legal and Insurance Counsel should determine and review insurance requirements and coverage" which can be undertaken while the "Certificate" is being signed by the contractor and provided to the City with the Consent of Surety Company letter. As there have been co~nents made to the "City" requesting assistance in payment to subcontractors/suppliers on this project, you may wish to have Legal Counsel prepare suitable LIEN RELEASE forms to provide to the contractor for completion prior to making Final Payment on this project. Sincerely, Bruce A, Samuelson, A.I.A. BAS:kp cc: Hr. Rich Silkett Enclosure CERTIFICATE OF Distributionto: OWNER [] SUBSTANTIAL ARCHITECT [] C H E C K PRINT OTHER [] AIA DOCUM[NT G704 PROJECT: LIBI~,R¥/POLIC£ RELOCATIOR AR~HITE~T: B~Ce (name, address) ARCHITECT'S PROJE~ NUMBER: 8805 TO (Owner): ~ONTRA~TOR: I City of Sandy CONTRACT FOR: Renovation and Remodeling P.0. Box ll6 Sandy Police/Library Building Sandy, Oregon 97055 ~ ~ CONTRACT DATE: March 22, lgsg DATE OF ISSUANCE: August 21, 1989 PROJECT OR DESIGNATED PORTION SHALL mNCLUDE: Library and Police spaces. The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as August 18, 1989 which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work' in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed to in writing. Bruce A. Samuelson A.I.A. ARCHITECT BY DATE The Contractor will complete or correct the Work on the list of items attached hereto within fourteen (14) days from the above Date of Substantial Completion. Martin Construction Co. CO NTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 8:00 A.M. (P.D.T.) (time) on August ]8, ]989 (date). City of Sandy, Oregon OWNER BY DATE The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note-~Owner's and Contractor's I~al and insurance counsel should determine and review insurance requirements and coverage; Contractor shall secure consent of surety company, if any.) AIA DOCUMENT G704 ' CERTIFICATE OF SUBSTANTIAL COMPLETION * APRIL 1978 EDITION ' AIA® © 1978 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NmW., WASHINGTON, D.C. 20006 G704 -- 1978 BRUCE A. SAMUELSON A.I.A. 35 N,E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 August 18, 1989 Project: City of Sandy LII~/~¥~ICE:RELOC~TIOII Mr. Rich Stlkett Martin Construction Company 1404 N.E. lllth Portland, Oregon 97220 Dear Mr. Silkett: Enclosed is one (1) CHECKPRINT copy of a Certificate of Substanttml Campletton, A.I.A.. Document G704 which has been prepared for the subject project for your review. We have been asked to review the project on August 18, 198g as to completion of the noted Punch List items initially prepared on July 24, 198g and subsequently reviewed on August 2, 1989 and August ll, 1989 and additional items noted on accompanying letters or other letters since. A new Punch List will be typed on August gl, 198g and sent with the 'Certificate', signed by our office, for your signature and delivery to the City of Sandy for their signature and completion. The Certificate of Substanttml Cc~mpletton will be supplied in Triplicate for 'Contractor', 'Architect' and 'Owner' true copies and all three (3) copies must be signed and routed on. Please note that the Date of A~gust 18, 1989 has been established for the Owner's 'Acceptance" but subject to the completion of the FIMAL PIIMCH LIST items that will be attached to each copy on August gl, lg89. Please arrange and provide the written Consent of Surety Ccmmpany as required by this document and as noted by "red underlining'. For reference we have 'highlighted' pertinent data on this copy. Sincerely, Bruce A. Samuelson, A.I.A. BAS: kp cc: Mr. Clay Maorhead Enclosure CERTIFICATE OF D,,,,ibution to: OWNER [] s ,ST^ C H E C K P R IN T OTHER I-I AIA DOCUMENT G704 PROJECT: LIBi~RYJPOLIC£ RELOCATION ARCHITECT: Bruce A. Samuelson (name, address) ARCHITECT'S PROJECT NUMBER: 8805 TO (Owner): CONTRACTOR: J~rtJn Constr'uction Co. I I City of Sandy CONTRACT FOR: Renovation and Remodeling P.O. Box ll6 Sandy Police/Library Building Sandy, Oregon 97055 j _.J CONTRACT DATE: March 22, 1989 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: Library and Police spaces· The Wg.~,,~0~:~s~,~l,~H~c~r this Contract has been reviewed and found substantially complete.~..~.~.~m_~M~m~ ~~~r port,on thereof desmgnateda~v~ which is also the date of commencement of applicable warranties requir~ by the Contract D~uments, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMP~ION The Date of Substantial Completion of the Work or designated podion thereof is the Date ce~ified by the Architect when construction is sufficiently complete, in accordance with the Contract Document, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is inlended, as expres~ in the Contract Documents. Bruce A. Samuelson ARCHITE~ BY DATE H~rtin Construction Co. CONTRA~OR BY DATE J .~_7 -~ ..... ~ 8. ~'A.H/.-.~P;B.T.) "~(u~ m }:~:~::~:Aug~,]~' :; ........... (date). City Of Sandy. Oregon OWNER BY DATE AIA DOCUMENT G7~4 " CERTIFICATE OF SUBSTANTIAL COMPLETION · APRIL 1978 EDITION ' AIA® 1978 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G704 -- 1978 CERTIFICATE OF r~;stribution to: - VNER [] SUBSTANTIAL ARCHITECT [] CONTRACTOR [] COMPLETION FIELD [] OTHER [] AIA DOCUMENT G704 PROJECT: LIBRARY/POLICE RELOCATION ARCHITECT: Bruce A. Samuels0n (name, address) ARCHITECT'S PROJECT NUMBER: 8805 TO (Owner): CONTRACTOR: ~rtin Construction Co. I I City of Sandy CONTRACT FOR: Renovation and Remodeling P.O. Box ll6 Sandy Police/Library Building Sandy, Oregon 97055 L J CONTRACT DATE: March 22, 1989 DATE OF ISSUANCE: August 21, 1989 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: Library and Police spaces. The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as August 18, 1989 which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the~.Architect, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Cont_ract~f~l~omplete all Work' in accordance with the Contract Documents. The date of commencement of warranties for,jiilll~llll~l~at~ched list will be the date of final payment unless otherwise agreed to in writing, f~~'~ · Bruce A. Samuelson A.I.A. ~.~,~ ARCHITECT B DATE The Contractor will complete or correct the Work on the list of items attached hereto within fourteen (14) days from the above. Date of Substantial Completion. Martin Construction Co. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 8:00 A.M. (P.D.T.) (time) on August 18, 1989 (date). Cit.y of Sandy, Oregon OW N E R BY DATE The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: ~Note--Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage; Contractor shal! secure consent ot surety company, if any.) AIA DOCUMENT G704 · CERTIFICATE OF SUBSTANTIAL COMPLETION · APRIL 1978 EDITION · AIA® 1978 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G704-- 1978 ATTACI~NT "A" ..... FINAL PUNCH LIST Certificate of Substantial Completion Project: City of Sandy LIBRARY/POLICE R~'I. OCJ~TI~ Review Date: August 18, lg89 A review of the subject project was made on August 18, lg8g for c~letion of items noted on the July 24, 1~89 Preliminary Punch List and subsequent reviews made on August 2, lg89 and August ll, lg89 and in our letter dated August ll, lgSg. In addition to the submission of the Project Close Out data as noted in our letter dated August 14, lg8g the following work is to be completed or to receive attention within the fourteen (14) day time period as noted in the Certificate of Substantial Completion: LIBRARY SPACE: ENTRY (1) Provide "plugs"/"fillers" at holes in Entry doors where the original "push bars' were removed for the new Panic Bar hardware installation. Fill one (1) screw hole in north jamb of north door below Panic Bar. Provide two (Z) Panic Bar "DOG" keys to allow operation of Panic Bar as deadlatch locking. CIRCULATION (2) Install security system Key Pad. Reinstall original Motion Sensor units on ceiling as required to cover access routes and entry points. Complete Security Intrusion Alarm work and provide Training Sessions. Install Book Drop cabinet & complete metal chute extension when cabinet installed. Install two (2) missing light fixture lense frames & lenses. Clean light fixture lenses. Replace ceiling tiles with observable stains, deflects/damage. Install cover plate at lighting gang switches. Fill-in/close-up gap between wallboard and top of Display Cabinet. LIBRARY/STACK (3) Install (g) missing light fixture frames & lenses. Complete Security Intrusion work by installing original Motion Sensor units on ceiling as required to cover access routes and entry points. Clean light fixture lenses. Install Access Panel door at south wall. Install "Emergency Light" fixtures at locations noted. Provide free-standing shelf "tie down" strap anchors. ROOM (4) Light switches do not operate lights - revise power circuit as Office (5) lights must be "On" in order for the Work Room light switches to operate/control lights. Replace damaged ceiling tiles. OFFICE (5) Install Access Panel @ south wall. Replace damaged ceiling tiles. Clean light fixture lenses. STORAGE (6) Provide "typed" Electric Panel breaker schedules. Switch does not operate east room light fixture. Install cover plate at duplex outlet below Electric Panel. ~N'S LAV. (8) Urinal not installed at noted 1'-5" height - is installed at normal 2'-0" lip and not accessible for Handicap or small children - reinstall at 1'-$" height & replace wainscot paneling. HALL (9) Install missing mounting screws under drinking fountain to hold tight to wall. Install Security System Key Pad control. STORAGE (10) Replace broken light fixture lense. Switch does not operate light fixture, install plate. I~ETJNG/CONFERENCE ROOM (11) Verify J.G. outlet/circuit properly wired. Not all light fixtures work on switches. Clean light fixture lenses. Install Emergency light fixture. Complete Security Intrusion Alarm work by installing original Motion Sensor units on ceiling as required to cover access routes and entry points. Gouges in face of door to Storage Room filled but if patch can not be "blended in" to be less apparent, door will have to be replaced with new door. Provide continuous applied stop at jamb & head as detailed to cover up original screw holes in frame. Install missing screw at south end of threshold and replace center screw with one to grip floor and stay tight/in place. HALL (12) Install missing lense on ceiling light fixture. JUVENJLE/CHJLI)REN (14) Install missing lense on one (1) ceiling light fixture. Confirm that flex ducts are banded/attached to main ducts so as not to come loose. Remaining insulation from ceiling was not installed above tiles but taken from site in two (Z) truck and two (Z) trailer loads - return/replace and install insulation batts above ceiling for full original 6" depth (letter 8-11-89). Set/add p~ns at HVAC Time Clock to operate on provided on/off schedule. POLICE SPACE: OFFICE (21) Remove present sheet vinyl flooring, patch/fill/level floor slab and install new sheet vinyl flooring. SHO~R (36) Reinstall shower door so that doors recess into tracks at jambs for full height of doors. HALL (41) Provide "typed" Electric Panel breaker schedule. Install missing Emergency Light fixtures.at various rooms. ARCHITECTU, ,,' BRUCE A. SAMUELSON A.I.A. 35 N,E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: Z39-4045 August 14, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATIOII Mr. Rich Stlkett Martin Construction Company 1404 N.£. 111th Portland, Oregon 97220 Dear Hr. Silkett: As the subject project is now neac completion, we take this opportunity to note the following ProSect Closeout submissions to be sade prior to approval of the final Application for Payment/release of Retainage. Our comments only pertain to the requirements in the Technical Specifications, please refer to the General and Supplemental Specifications or requests from'the City of Sandy for submissions or requirements necessary in those sections that were prepared by the City of Sand~, SGC-8 Cleaning-Up. ,~C-9 Certificates of Inspection and Occupancy. S&C-14 Special Guarantees. , 14-15 Replacement of Damaged Glass. (1 pane ~ skylight) H-17 Substantial Completion. H-Z1 Mechanical and Electrical Record Dra~tngs. 211-2 ~litton York. (locate existing pipes) ~-8 Steel Tie Down Straps. (provide and install) Brr-lD ~uarantee. 9(:-3 Maintenance Material. (provide quantity noted) OK-ZO " Cleaning and Finishing. 1SA-9 Guarantee. 1SA-13 Operation and Maintenance Manual. ISR-I$ Record Drawings. lSC-7 Air Balance. I~A-3 Record Information. 16A-4C Yarranty. 16A-21H Training Sessions. (Alarm system) Sincerely, Bruce A. Samuelson, A.I.A. BAS:kp cc: Mr. Clay~orhead ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 August 14, 1989 Mr. Clay Moorhead mUG Sip. tYo.OfBoxSandY116 .~E ~ Sandy, Oregon 97055 PROJEC?: City of Sandy LIBRARY/POLICE RELOCATION Dear Mr. Moorhead: As the subject project is now finally nearing completion and as we have not as of yet billed the City of Sandy for a single dollar towards the allocated Fee sum, but each months statement has only included those costs which by Contract are separate and "reimbursable" costs. Prior to our forwarding a final statement for the Contract Administration work on this project, we are forwarding this letter for your and the City Council's review. The initial work for the relocation of the Library and Police facili- ties, or expansion at the present site, had started prior to your association with the City of Sandy. The initial work included a num- bur of preliminaries for a different relocation site or expansion at the present City Hall site. Preliminary cost estimates had been pro- vided for each of those proposals, which were rejected because of "cost". When the present site building became a possibility we were asked to provida a "Bare Bones" estimate to move into the building without major revisions or new construction. That work is documented by plan draw- ings and the initial "cost" provided did not included half of the new work later added in the initial Bid documents (by request); did not include any work/modification to the present building walls (later found to be necessary), and did not include replacement of original electrical or heating/airconditioning work (later found to not be in compliance with the present Building Code). Page No. 2 August 14, 1989 PROJECT: City of Sandy LIBRARY/POLICE RELOCATION A number of meetings were held with City staff to revise/expand the project. At the time of those refinements, costs were discussed and "others" were assigning costs which we noted we did not agree with, but if they were to be used we would not be responsible for the final cost. In those various meetings the Total of ALL Funds thought to be available from various sources were being used, not the cost of remodel- ing as apparently the City Council had believed. We have no knowledge of what information was being passed on as the scope of the project kept expanding, but do not feel that to be our duty to provide beyond notification to assigned staff that anything added would increase project costs. At our office cost we provided a complete set of the final drawings and presented them to a meeting of the City Council prior to the initial bidding of the work. When the initial bids were received, we were not surprised at their cost for the work to be provided under the expanded scope. We were not aware that apparently the City Council had not been kept appraised of changes being made, but we had long before noted that the initial Preliminary Budget Estimate no longer applied to the work to be provided. We did take exception to having the "blame" for the increased cost laid upon our office, but as nobody else appeared ready to explain to the Council, we accepted the verbal abuse and blame without making any comments to the Council. After the initial bids were rejected, because of cost, the Contract Documents (Drawings and Specifications) were revised in December 1988 and January 1989 "at cost" to make changes requested to reduce the project cost to stay within funds available. The costs for the "re- bid" documents were within available funds which, in itself, should indicate Lhat we do have ability to esLimate costs fairly accurately. The initial drawings and specifications were being provided to the City of Sandy for a Fee of $13,700.00 which was a "concession to the City" as the Fee should have been in the range of $30,000.00 as correspondence in the City files should document. The abuse laid to our office was made even more unpalatable since the Fee was less than half of what it should have been for the work. Our records indicate that to date there still remains a sum of $338.00 that has not yet been billed to complete the initial Fee of $13,700.00. The revisions to the original documents were provided at direct cost of $2,187.25 plus $232.58 reimbursable cost for a total of $2,419.83. Page No. 3 August 14, 1989 PROJECT: City of Sandy LIBRARY/POLICE RELOCATION At an Executive session of the City Council, the costs for the document revisions were approved and an additional expenditure of $2,000.00 was allocated for time spent in Contract Administration work after being rebid. This would indicate that a sum of $2,338.00 remains to be billed to the City of Sandy. As a minority of the Council expressed concern about paying for the initial work, as then we might not provide suitable Administration work, we have submitted monthly statements listing the number of actual hours spent during the preceding month with the hourly rates with the notation as "Not Billed Yet". Reimbursable costs only were billed each month for prior month expenses by our office. Copies of each months statements should be available, and we retain copies, but the following is a listing of times and their "costs" for the months of January through July 1989. January 1989 28 hrs. @ $21.00 $ 588.00 24½ hrs. @ $37.50 918.75 February 1989 14½ hrs. @ $21.00 304.50 26½ hrs. @ $37.50 993.75 March 1989 8 hrs. @ $21.00 168.00 17½ hrs. @ $37.50 656.25 April 1989 11½ hrs. @ $21.00 241.50 30 hrs. @ $37.50 1,125.00 May 1989 15 hrs. @ $21.00 315.00 30½ hrs. @ $37.50 1,143.75 June 1989 11½ hrs. @ $21.00 241.50 37 hrs. @ $37.50 1,387.50 July 1989 13 hrs. @ $21.00 273.00 40 hrs. @ $37.50 1~500.00 Total to Date Through July 1989: $ 9,856.50 As you will note the remaining FEE had been exceeded prior to the end of February 1989, and although we were well aware that any involvement beyond that time was subject to non-reimbursement, we continued to respond to any request to review work; provided work on our own, without request, to see that the City of Sandy received the project they were entitled to under the Contract Documents, and expended considerable time working with a contractor who required assistance in understand- ing what was required by the Contract Documents. Our office records through July 1989 indicate that our "costs" are some $7,518.50 beyond the remaining fee funds available on this project. Page No. 4 August 14, 1989 PROJECT: City of Sandy LIBRARY/POLICE RELOCATION Our office records also indicate that there is a balance of $12,452.00 on the Contract Fee of $13,700.00 that was for the City Hall Roofing and related work that has not been billed to date. Prior to providing a Final Statement for the Library/Police Relocation project we would request your review as to if some of the remaining allocated funds for Fee on the City Hall project can be carried over/ transferred to the Library/Police Relocation project for reimbursement of the actual costs for that work. The statement dated May 13, 1989 on the City Hall Roofing and related work, lists costs for work through that statement and notes the sum of $12,452.00 remaining as unbilled. We will delay forwarding our statement pending your and the City Council's review and response. Since~, f / "B'~u~'~ A. 8amuol$on~ AI~ BAS:ds ARCHITECTURE BRUCE a. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 July 19, 1989 Project: City of Sandy LIBIU~RY/POLICE RELOCATION Mr. Clay Moorhead City of Sandy JO~- MO ~:oJ P.O. Box ll6 Sandy, Oregon 97055 ~I~ CI'[~ O~ SA~D~ Dear Mr. Moorhead: As Promised when we met on July 18, 1989 enclosed are photocopies of our July 13, 1989 Transmittal; three {3) copies of our office copy of our Certificate of Payment No. 4, dated July 10, 1989 and three (3) copies of the three pages of the Contractor~ ..... Application for Payment No. 4, dated June 30, lgsg (received Friday, June 7, 1989). The contractor's request for the amount of $40,194.65 had been changed to note an amount due of $36,061.0g for work in place as of June 30, lg89. Please verify that the original copies mailed to the City on July 13, 1989 are in fact not floating around, so that this payment is not made twice. As to the request for our office to provide a Certificate of Substantial Completion on this project, the project is not yet at a stage where that is possible without our office being exposed to considerable liability. Enclosed is a copy of the standard Certificate of Substantial Completion which has been "highlighted" to note specifics that (1) date noted starts the Warranty Period and (2) the Definition states the work complete so that Owner can Occupy or Utilize the work. In actuality, the Police space is now being Occupied but unfortunately the Construction Contract is for BOTH facilities and the costs for each are not separated out and some equipment functions for both areas. As of Application No. 4 there is still $12,358.70 remaining as Balance to Finish and there is $12,386.13 being held as Retainage on this project. Page 2 Our office records indicate that we have still not received "Costs" from the contractor for the following Proposal Requests: P.R. #11, June 5, 1989 (three items) 1. Repair water line leak @ original copper pipe. Z. Insulate apx. 80 1.f. of original copper pipe. 3. Support original Roof Drain pipe. P.R. #10, May 31, 1989: Reframe door openings. P.R. #9, May 8, 1989: Generator wtringwork Mot Accepted. P.R. #8, May 3, 198g: Replace (2) light fixture frames and (ll) light fixture lenses damaged during Demolition "by others". There also will be extra cost for the two {2) new thermostats for the Library and one (1) new thermostat at the Police space that had been damaged in the Demolition work "by others". At approximately $80.O0/thermostat, this would indicate a cost of about $240.00 for this work. Sincerely, Bruce A. Samuelson, A.I.A. BAS:kp CERTIFICATE OF ,qistribution to: ' WNER I-I SUBSTANTIAL ARCHITECT [] CONTRACTOR [] COMPLETION FIELD [] OTHER [] AIA DOCUMENT G704 PROJECT: ARCH ITECT: (name, address) ARCHITECT'S PROJECT NUMBER: TO (Owner): CONTRACTOR: r'- '~ CONTRACT FOR: L _J CONTRACT DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction 'is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work' in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed to in writing. ARCHITECT BY DATE The Contractor will complete or correct the Work on the list of items attached hereto within days from the above Date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time) on (date). OWNER BY DATE The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note--Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage; Contractor shall secure consent of surety company, if any.) AIA DOCUMENT G704 * CERTIFICATE OF SUBSTANTIAL COMPLETION * APRIL 1978 EDITION · AIA® 1978 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G704 m 11~'8 JUL 1 0 1983 ' re, cra, oF ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 TO Mr. Clay Moorhead -co..,ss,o..o. 8805 DATE July 8,1989 City of Sandy ,,OdEO City of Sandy P.0~ BOX ll6 LIBRARY/POLICE RELOCATIOM Sandy. Oregon 97055 REF. NO. TOP,O~ESSlON^LSE,v, cEs:provided on the subject project in the month of June,1989. Week ending: 06-10-89 8) 3 I ou.~ ~ ~ 06-17-89 2~ 1 - 06-24-89 14 3) 06-30-89 6) 11, hours ~ $~1.00 ~ ~41,~-~ SNot Billed Yet 37 hours @ $37.50 ~_..~)gT.~-o~ Not Billed Yet Milage: 6-2(54),6-10(54),6-20(54),6-2g(54) = 216 ~ 25¢ [Ret~ursab)e ~.~ ] Prints: Postage: ~chanical Engineer Charges: Structural Engineer Charges: Electrical Engineer Charges: Total due on the subject project for the month of June, 1989.[Rei~. ~ ] RECEIVED PAYMENT DATE OF NDy 3920 PIOneeR SANDY, OR 97055 REC E IV E D Bond No.: 1177662 Principal: ~TIN CONSTRUCTION CO~ANY ~E~0~D~ ~ount: 133,916. Description: RENOVATION & REMODELING AT SANDY LIBbY/POLICE BL~. AMWEST SURETY INSURANCE COMPANY is Surety on the above bond. We would appreciate your cooperation in providing the information requested below. Please return this form to 'us so that we may have current status information on the above captioned job. A postage-paid envelope is provided. Thank you for your assistance. PLEASE COMPLETE ONE SECTION ONLY 1. IF THE CONTRACT HAS BEEN COMPLETED: What was the completion date? Date of acceptance? What was the final contract price? Was the work satisfactory? Have all labor and material bills been paid? 2. IF THE CONTRACT HAS NOT BEEN COMPLETED: What percent of work has been completed to date? apx. 9]~ Total amount paid to Contractor to date? What is amount of retainage? {19 ~R& ]3 What is anticipated date of co~p'~e'fib~~. ...-~ .... Is the Contractor paying labor and materi~'l*'5ills? Is the work progressing satisfactorily? ~,J9~9~ Comments: FIRM~/~U~~__ ADDRESS: 35 N.£. 17th Ave. BY~ Pnrtland: Orea. on 97232 DATE: ~U]y 13, 1989 PHONE: (503) ~q-7~;~ 29 6/87 ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 TRANSMITTAL NOTICE To: Mr. Clay Moorhead Date: July 13, 1989 City of Sandy P.O. Box 116 Proiect: City of Sandy Sandy, Oregon 97055 LIBRARY/POLICE RELOCATION Transmitted herewith: Item Copies Dated Title 1 3 June 30, 1989 Contractor's Application for Payment No. 4 for the subject project corrected/changed to note a Payment Due amount of $36,061.09. 2 3 July 13, 1989 Our office's Certificate of Payment No. 4 for the subject project noting an amount due as of 6-30-89 work being $36,061.09. Remarks: These modifications have been made after discussing them with Mr. Rich Silkett by telephone and by your letter of June lO, 1989. As per previous requests, please forward one (1) modified Application 'for Payment form and ALL THREE (3) copies of the Certificate of Payment forms to the contractor with the payment forms to the contractor with the payment check for the amount of $36,061.09. Martin Construction is to complete the bottom of the Certi¢icate of Payment forms and return the Owner's & Architect's copies to our office. Enc: As listed cc: Mr. Rich Silkett w/enclosure ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 NE. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 TRANSMITTAL NOTICE ~ To: Mr. C layMoorhead ~ ~C~ ~ Date: June 2 1989 City of Sandy ~ ~- u- P.O. Box 116 --- ~.~ c:) Proiect: City of Sandy Sandy, Oregon 97055 bJ ' ~ LIBRARY/POI. ICE RELOCATION Transmitted herewith: ~ Item Copies Dated Title 1 3 May 30, 1989 Contractor's Application for Payment No. 3 for the subject project corrected to note an amount due of $35,251.42. 2 3 June 2, 1989 Our office's Certificate of Payment No. 3 for the subject project noting an amount due of $35,251.42 for this Application. Remarks: Items No. 3 & 4 on the breakdown sheet appear "high" for 82% completion but as the Foreman is a "Working Foreman" there are costs in item No. 7 & 8 to be billed for his time. Work has been provided for line items No. 6, lO, ll & 12 (though not complete) which are not being billed for. The corrections as to amount due is because of the error in listing of cost for Proposal Request No. 5 as being $200.00 less than it should be. Please proceed with approval and payment and send one (1) of the Applications and ALL (3) of the Certificates with the check for payment to Martin Construction Co. Enc: As listed CC: ARCHITECTURE Stipulated Su~ BRUCE A. SAMUELSON A.I.A. Contractor's Copy 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 Comm. No8805 Certificate No. FOUR (4) Pro~ect LIBRARY/PULICE RELOCATION Dateoflssuance: July 10, 1989 To City of Sandy , Owner This ~to ce.~fythat Martin Construction Co. For Kemoaem~ng ot the interior of the building for new LIBRARY/POLICE facili't~°ntract°r Is entitled to the ~ourtl~ Application for Paymentamounttngto$ x36,061.09 Thirty-six thousand, sixty-one and 09/100 r)bllars Under terms of stipulated sum contract dated March 22, 19 89. ~~~~MUELSON Architect Original Contract. $ x133,916.00 Additions by Contract Change Nos. -t- xxx2,304.00 TotAl x136, Z20. O0 None Deductions by Contract Change Nos -- Total Contract to date $ x ] 3 6, Z Z0.00 COmpl~}~! to date x]23,8§] .30 Letm .v % retainage __ xx12,386.13 x111,475.17 Balance not yet certified xx24,744.83 Less previous Certttlcate~ xx75,414.08 This Certificate $36,06].09 - , '!9 Received from Dollars as per above certificate. Contractor By APPLICATION AND CERTIFICATE FOR PAYMENT oOCUME T C702 TO (Owner): C~t7 oF Sandy PROJECT: LIBRARY/~LICE APPLICATION NO: ~ Distribution Io: P.O. Box 116 REL~T[~ Q OWNER Sandy, Oregon ~70~5 PERIOD FROM: ~ ARCHITE~ TO: ~- ~- ~ ~ CONT~OR A~ENTION: CONTRACT FOR: Remodeling oF ARCHITECT'S Building ~ 38988 Proctor Blv'd. PROJECT NO: 880~ Sand~, Oregon CONTRACT DATE: CONT~~OR~S APPLICATION FOR PAY~NT Applicalion ii mad~ fo, Ptymenl, as shown ~low, in conn~lion wi~ ~1 ~t,act. Co. li.~lio. ~hel~ AIA DocJmt. I G103, is tlllchld. CHANGE ORDER SUMMARY The pm~nl ~l~lu~ of lhe tccoum for this Com~Icl J~ t~ [allows: Change O~ders approved ADDITIONS DEDUOlONS ORIGINAL CONTRA~ SUM ....................... Owne~ TOTAL Nel chan~ by Change Orders ..................... Appmv~ this Monlh" ~~ Num~ Date Approved~ '~ CONTRA~ SUM TO DATE ........................ (Column G on G703) ~~ or total in Column I on G70~ [~et ~han~e b~ Ch~nse The undenlgned Conlraclor cerlifies iha~ io the best oi h,s knowledge, ~ ~ LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... inlormalion and belief the Work cove~ed by Ih~s Apphcalion for Paymenl has been compleled in accordance w,lh the Conl~act Docu- / merits, that all amounts have been paid by h~m for Work ior which p~ewous Cerldicales tar Paymenl were issued and payments received CURRENT PAYMENT DUE.. ........................ from Ihe Owner, and Ihal current payment shown hereto ~s now due. CONTRACTOR: Uart~n Constr~ct~on Co. Sta~e of: ~~ Counly of: ~~~--~ ~~f~ Subscribed and~lob~rem~this day of ~.. ~D,19~ ~ ' Nota~ Public:~ - /- / , CHITEO'S CERTIFI TE FOR PAYMENT OU.J ............................. (Allach explanation il amounl cerlitied differs/rom lhe amounl applied lo~.j A. raisons and the data comprising Ihe above appll~tlon, the Archilect ~erhfie, IO ,he Owner Iha, the Wo,k has pros,es,ed Io ,he poin, ~~~~ mdi(~ted; that to the be~t ot his knowledge, ia[o~m~lion and belief, By: Date: the quality o[ the Work i~ in accord~nce wilh the Conl~ct Docu- ~his Ceftin'is not negotiable. The AMOUNT C[~I~I[D is payable only Io Ihe Cont~cto~ ments; ~nd that the Coati,ClOt ii entitled to p~yment of the AMOUNT C[~TI[I[D. n~med herein. Issuance, paymem ~nd acceplance ot p~yment are without p~ejudice to any rights of the Owner or Contractor under this Contract. AIA OOCUMENI GYO2 · APPLICA'[IOk .~NB C[RTIFICAIE fOR PAYMENT' APRIL 1978 EDITION · AIAe- ~ 1978 THE ~[RICAN INS]ITUT[ O~ ARCHI[EC~S, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2~ G7~197~ CONTINUATION SHEET AIR DOCUMENT G703 PAGE 2 OF ~ PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: Contractor's signed Certification is attaehed. APPLICATION DATE: In tabulations below, amounts are stated to Ihe nearest dollar. PERIOD FROM: Use Column I on Contracts where variable retainage for line items may apply. TO: ARCHITECT'S PROJECT NO: 880,5 H I WORK COMPLETED ...... .......... [OTAL COMPLETED BALANCE RETAINAGE ITEM DESCRIPTION OF WORK SCHEDULED This Application , , AND STORED % TO FINISH No. VALUE Previous Stored Materials TO DATE (G+CI Applicalions Wo.k in Place . (not in D DJ' E) (D+E+F) (C--G) AIA DOCUMENT G703 · CONTINUATION SHEET ° APRIL 1978 EDtIION · AIAs o (~ 1978 THE AMERICAN INSTITUTE OF ARCHITECIS, 1735 NEW YORK AVE., N.W., WASftlNGION, D.C. 20006 G703 -- 1978 PROJECT I0.: 186 APPLIC&TIO# AMD C£RT]£1CAT£ FOR P~Y#£1T 8 4 DATE: 06/30/89 * .... * ........................ * ........... * ........... + ........... * ........... + ........... , .... t ........... I]T£N: D£SCRIPT[O# OF WORK SCHEDUC£D + ........... + ....................... + TOTAL I I : I Previfls + ...........+ ........... + AID STOMEDI ~ (C-6) : : I : in Place I #attrials : (D+E+F) ~ ; 1: BONDS : 66S5.00: 6895.00: 0.00: 0.00; 6695.00: !00: 0.00: 609.50; 2: PERMITS : 1162.00: 1162.00: 0.001' '0.00: 1162.00:I001 0.00: !16.20~ 3: SUP£RVISZON ~ ?500.00: 6150.001 600.001 0.00: 6750.001 SO: 750.00~ 075.00: 4: AD#]MSTIAT]OI : 20487.00: 16799.34: 1638.96: 0.00: 18438.30: 901 2048.?0~ 1843.831 : 5: COWCR£T£ : 1765.00: 0.001 1765.00A 0.00: 1765.00: 100: O.OOl O.OO: ~ 6: NISC liON : 449.001 0.00: 449.00; 0.00~ 44S.00:lO01 0.00~ suscowT c? ,,30 .00: 36326.82: 354,.08: 0.00: 3 070. 0: ,,s0.10: 10; DO0~S & WINDOWS 602?.00: 0.00: 602?.00: O.OO: 6027.00: lOOM 0.001 0.00: I1: GLASS&GLA~I#G 1294.00: 0.00: 1164.60: O.O0: 1184.00: ~O: 129.401 0.00~ :12: £MTMAMC£$& STOR£SFRO#T 350.00: 0.00: 350.00: 0.00: 350.00~ I00: 0.00: 0.00: I 13: HARDWARE& SP£CIALT]£S 2326.00: 0.00: 2326.00: 0.00: 2326.00: 100: O.O0: O.OOf : 14: PL~$TZC LAMZMAT£ 1313.00: 0.00: 1313,00: 0.00: 1313.00: I00:_ 0.00: 0.00: : 15; PABTZTIOIS 908.00: 0.00: ~ ~ ~~ 17: GYPSUM IACCSOABD 3282.00: 3282.00: 0.00: 0.00: 3282.00: 100: 0.00: 328.20: 191Chonge Orderl 1 680.001 680.001 O.OOl O.OOl 880.001 1001 O.OO: 68.001 : 20: Chonge O~derl 2 219.00: 219.00: 0.00: 0.00: 219.00: t00: 0.00: 21.90: 21: Choqe Orded 3 : 335.00~ 335.00: 0.00: 0.00: 335.00: I00~ 0.00: 33.50: 22: Chen~e O~derl 5 : 363.00: 363.00: 0.00: 0.00: 363.00: 100: 0.00: 36.30: 23: Change Orderl 6 : 29?.00: 29?.00: 0.00: 0.00: 297.00: 100: O.OOe 29.?0: 24: Chemge Ordeal ? : 168.00: t68.00: 0.00: 0.00: 168.00: 100: 0.001 16.80: 25~ Change Orderl 12 ; 242.00~ 0.00: 242.00: 0.00] 242.00: 100: 0.00: 24.20~ , .... , ........................ , ........... , ........... , ........... ,--~-~;%-, ........... , .... ~-~-~;~ ........... : : **' TOTALS*** : 136220.00: 83793.41: ,~ -~ ~: 92: APPUCATION AND CERTIFICATE FOR PAYMENT OCUM .N'r C,70:' P,,GEO,,,EOE 2 ,',,,:.ES (Owner): City of' Sandy PROJECT: LIBRARY/POLICE APPLICATION NO: TO Dislribution to: P.O. Box Il& EELOCATION [] OWNER Sandy, Oregon 97055 PERIOD FROM: I-I ARCHITECT TO: (. - ? [] CONTm,,CTOR Alq'ENTION: CONTRACT FOR: Remodeling oF ARCHITECT'S [] BuJ.].d~.ng @ 38988 Proctor B].v'd. PROJECTNO: 880.5 Sandy, Oregon CONTRACT DATE: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in conneclion wilh the Contract Continuation Sheet, AIA Documen! G703, is attached. CHANGE ORDER SUMMARY The present status of the account for this Contract is as follows: Change Orders approved ADDITIONS DEDUCTIONS ORIGINAL CONTRACT SUM ....................... $ x 13 3.9 1 ~. (30 in previous months by Owner TOTAL Net change by Chanse Orders ..................... $ r~ 3~ App,oved ,h~s Mon,h ~ ~ CONTRACT SUM TO DATE ........................ St Number Date Appr0ved ~ eq~ .... (Column G on G703) R.AINAG~ % ......................... S ~ I'~ ;~''~ ortotalinColumnlonG703 lll,,qT~-',17 TOTALS .., . TOTAL EARNED LESS RETAINAGE .................. $ ~.-' INet chanl~e b~ Change. Orders The undersigned Contractor certifies that to the best of h*s knowledge, ~ LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... $ intormafion and belief the Work covered by this Apphcation [or Payment has been completed in accordance with the Contract Docu- ments, that all amounts have been paid by him ior Work /or which previous Cerhhcates tar Payment were issued and payments received CURRENT PAYMENT DUE-. ........................ $ from the Owner, and Ihat current payment shown herein ,s now due. Slate of: ~:)l'-~;a~) County of: r'~k / ~-,~a CONTRACTOR: Constr,5) ct~on Co. Subscribed and~a~n'"' to b~re m5 this day oi~ ~,.. :3 By: .~z Date: ~ My Commissi~"rr/~x'~:'-~ '- -9. ~ ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CE.TIFIED ............................. $ (Attach explanation il amount certJtied differs Icom the amount applied tar.) In accordance with the Contract Documents, based on on-site obser- ARCHITECT.~-~ruce..~. S~]son A. I .A. vat~ons and Ihe data comprising Ihe above application, the Architect cert,lies to the Owner that the Work has progressed to the point?//~?/E-'' ..].,~'. .... _~-:zL" ...... ~ ~ndicated; that to the best al his knowledge, inlorma~on and belief, By' ~?~--.--4.~c~'~....--,~¢"~"~"~'~'~-~ Date: Ihe quality at the Work is in accordance with the Contract Docu meats; and that the Contraclor is entitled to payment al the AMOUNT This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Conlractor named herein. Issuance, payment and acceptance of payment are without prejudice to any CERTIFIED. rights of the Owner or Contractor under Ihis Contract. AIA DOCUMENT G7~3 · APPLICATIOI\ AND CERTIflC^I~. [OR PAYMENT · APRIL 1928 EDITION · AIA® · ~) 1978 THE AMERICAN INSTITUTE Oi' ARCHI'[[CTS, 17J~ NFw YORK AVENUE, N.W., WASIIlNGTON, D.C'. 20006 GT02~l~JT~ CONTINUATION SHEET AIA DOCUMENTGT03 P^Ge ~ OF 2 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: Contractor's signed Certification is attaehed. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: Use Column I on Contracts where variable retainage for line items may apply. TO: ARCHITECT'S PROJECT NO: · .. TOTAL COMPLETED BALANCE RETAINAG[ ITEM DESCRIPTION OF WORK SCHEDULED This Application AND STORED % No. VALUE Previous TO DATE TO FINISH ApplJcalions Wo.k in Place Slored M~terials · (not in D ol E) ID+E+F) (C-Gl AIA DOCUMENT G703" CONTINUATION SHEET · APRIL 1978 EDITION " AIAe ~) 1978 THE AMERICAN INSTITU'i'E OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASi-JlNGTON, D.C. 20006 G703 -- 1978 #ART]# CONSTRUCT]O# CO. PASE: 2 PIOJECT #0.: 166 APPLICATION A#D C£RTI~]CATE FOI PAYNEIT ! 4 DATE: 06/30/69 .... + ........................ , ........... + ........... + ........... + ........... + ................ + ........... + ........... .... , ........................ , ........... , ........... + ........... + ........... + ........... , .... , ........... , ........... ITEN: D£SCiIPTIO# Ok #ORK : SCHEUULED + ........... + ....................... + TOTAL : BALAWCE #o.: : VALUE I This Applicatiou I CO#PL£T[D i TO FINISH : Previous , ...........+ ........... + AID STOIED: I (C-G) : Applicut. : Work : Stored : TO DATE : G/C: .... + ........................ f ........... f ........... ~ ........... + ........... f ........... + .... + ........... f ,: Do#D~ : ,,95.00: ,,95.00: 0.00: ,.DO: ,,95.00: ~oo: 0.00: 2: PERNITS : t162.00: 1162.00; 0.001' '0.00: 1162.00: I00~ 0.00: !16.20; 3: SUPERVISION 7500.00: 6150.00: 600.0010.00: STSO.OOI 90: 750.00; 675.00: 4: ADNI#$TR~TIO"20487.00: 15799.34' 1638.96: 0.001 18438.30: '0: 2048.70; 1843.83: 5: ~o,c,T~ 1,5.oo: o.oo: 176~.0o: 0.o0: 1,6s.o0: i,o: o.ooi o.oo: 6: #xsc ~Ro, : ,,9.00: 0.00: ,,9.00,o.oo: ,,9.00: ,00: o.oo: ,,.90: ?: ,ouG, cARP,T, :20,5.00, 1t3~6.25: 7201 2~: o.oo: 18~1,.s0: 90: 2057.s0: 0: FINISHCANPEITRY :119~5.00: 0.00: ~ 0.001 ~ Z~ ~ SUDCO,TRACT :,,30,.00: 36326.82: 3,,.00: 0.00: 39070.,0: ,0: ,,0.,0: ,0, ooo~s,wxNDous :,27.00: 0.00: ,~7.00: 0.00, 6027.00, ,00: 0.00, 0.00: 12: £NTRANCES&STOR£SFRONT: 350.00: 0.00: 350.00: O.O0; 350.00: 100: O.O0: 13: HARDWA[E&SPECIACTI£S 2326.00: 0.00: 2326,00: O.OOl 2326.00: I00; 0.001 14: PLASTIC CANINATE 1313.00: 0.001 1313.001 0.00; 1313.00: 100[ 0.00~ 0.00~ ~5: P.TZTZoms 906.00: o.oo: ~ ~ ~ ~{:;~; 16: ACCESSORIES : t903.00: 0.00: 1903.00: 0.00: 1903.00[ 100: 0.00: 0.00: 17: GYPSUR NALLBOARU 3282.00: 3282.00: 0.00: 0.00: 3282.00~ I00: O.O0: 328.20: I~ ~/,~ 18: ~cooR]NGs ~6..oo: o.oo: ~4T.':~:- o.oo: '~ ~ lgl Chanpe Orderl I 680.003 680.001 O.OO: O.OOl 680.00; 1001 O.OOl 68.001 20: Chonwe Orderl 2 219.00~ 219.00: 0.00: 0.00: 219.00:I001 0.00: 21; Charge Orderl 3 : 335.00: 335.00: 0.001 0.00: 335.00: t00: 0.001 33,50: 22: ChaDwe Orde~l 5 : 363.00: 363.00: 0.00: 0.00: 363.000 100: O.OOf 36.30: 23~ Ch4qe Orderl 6 : 29?.00: 297.00: 0.00: 0.00: 29?.00: 100: 0.00: 24~ ChoDWe Orderl ? : 168.00: 168.00: 0.00: 0.00: 168.00:1001 0.00: 16.80: 25: Chenwe Orderl 12 : 242,00~ 0.00: 242,00: 0.00~ 242.00: 100: 0.00: 24,20: .... · ........................ * ........... * ........... * ........... *--'~%~* ........... * .... *~W~'~:~.;~ ........... : **' TOTALS *** : 136220 OO: 83793.41: ~: ~ ~:::::.::: ~ '~ ARCHiTECTUR~1 R £ C £ ~ V e D BRUCE A. SAMUELSON A.I.A. .THE CITY OF SANDY 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: Z39-4045 May 24, 1989 Project: City of Sandy CITY HALL ROOFIliG & RELATED WORK Mr. Clay Moorhead City of Sandy P.O. Box 116 Sandy, Oregon 97055 Dear Mr. Moorhead: Enclosed for your Project Records is the "Owner's Copy" of Certificate of Payment No. 2 & FINAL for the subject project work. This Certificate notes that the contractor received payment on May 8, 1989 the sum of $6,600.00. This payment completes payment on the project. The present leak above the City Hall Entry has been reported and as we understand ABC Roofing has sent someone to the building to work on the flashings. Please let our office know if any further problems occur. Sincerely, Bruce A. Samuelson, A.I.A. BAS: kp Enclosure ARCHITECTURE Stipulated Sum CERTIFICATE OF PAYME]IY ~ BRUCE A. SAMUELSON A.I.A. ~Owner's C0p.Y , 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 Corem, No, {)805 Certificate No. TWO (2) & FINAL Project, SANDY CITY IL~LL ROOFING & RELATED WORK Dateoflssuance: April 14, 1989 To City of Salld~/, 0regon , Owner This is to certify that Pacific Co~__~+_ Co.n._ctr"ct!o.n. , Contractor For City Hall Re-rooFing and Related Work Is entitled to the Seco~ld & FINAL ApD]ication for Payment amounting to $ x6,600.00 $~x thO,d_~_.n.d, _clx hundred and .-.o/]00 .................. D~llars Under terms of stipulated sum contract dated October ]7 19 81~ Original Contract $ x20,500.00 Additions by Contract Change Nos. + None Total x20,500.00 Deductions by Contract Change Nos. -- None Total Contract to date. $ x20,500.00 Completed to date. x20,500.00 LesL_a~3.~% retainage --__None x20 _. 500.00 B4flance not yet certified None Less previous Certificates xl 3:900.00 This Certificate $6,600.00 $ ~:600.00 ~ a ,1989 Received from Citv of Sanfly Six f_housand six hura~ect Dollars as per above certificate. ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 May 3, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATIOM Mr. Clay Moorhead City of Sandy P.O. Box ll6 Sandy, Oregon 97055 Dear Mr. Moorhead: Enclosed are three (3) copies of the Contractor's Application for Payment No. 2 which we have changed to note an amount due of $28,846.88 for work in place since the prior Application for Payment No. 1. The change in the amount due is the deletion of $335.00 for Proposal Request No. 3 which can not be included until we receive written notifi- cation of the City's acceptance of the proposed cost. The amount of $680.00 for Proposal Request No. 1 (wall furring) has as we understand been accepted and "signed/ acceptance" paperwork provided to the contractor for this work - if that is correct, we should have a copy of the signed fonmfor our project files - so based upon that understanding the cost of $680.00 has been approved for inclusion in this Payment Request. Also enclosed are three (3) copies of our office's Certificate of Payment No. 2 for an amount due of $28,846.88. Please retain the original (notarized) copy of the Contractor's Application for Payment and one {1) other copy in your files and forward one {1) copy of the Application for Payment AND all three (3) copies of the Certificate of Payment forms to the contractor with the payment check. When the payment is received, the contractor will sign the bottom section of the Certificate of Payment forms and return the "Owner's" and "Architect's" copies to our office - we will then send the "Owner's Copy" to you for your records to note receipt of payment. Sincerely, Bruce A. Samuelson, A.I.A. BAS:kp cc: Martin Construction w/copy of changed Application for Payment ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: Z39-4945 April 17, 1989 Project: City of Sandy LIBRARY/POLICE RELOCATION Mr. Clay Moorhead City of Sandy P.O. Box ll6 Sandy, Oregon 97055 Dear Mr. Moorhead: Enclosed are three (3) copies of the contractor's App)ication for Payment No. 1 dated April 13, 1989 and three (3) copies of our office's Certificate of P&~m~ent No. 1 dated April 17, 1989 each noting an amount due to the contractor of $11,315.78. This Application includes the wallboard materials. The installation is by the Contractor and costs are included in Line item #7 and the finishing work is included in Line item #8 of the Application breakdown. Please return one (1) copy of the Application for Payment and ALL three (3) copies of the Certificate of Payment to Martin Construction Co. with the payment check. Martin Construction will complete the bottom of the Certificate of Payment and return the "Owner's" & "Architect's" copies to our office - we will then forward the "Owner's" copy to you for your files. As the contractor has spent funds for the Bonds & Permits and the noted materials they would probably appreciate payment as soon as possible after the City Council's approval. Apparently when the wallboard material was being delivered to the site, the Entry door(s) at the northeast corner of the Library were damaged and may need replacement. We will review the doors on our next trip to the site and keep you informed as to what is to be provided on this matter. Sincerely, Bruce BAS:kp Enclosure ACCURA INTERIOR SYSTEMS ~IC. 1555 Anunsen Street N.E. SALEM, OR g7303 1 1 1 9 fDATE ORDER NO (§03) 3G4-7525 0 4 / 2 5 / 8 g TO SHtP TO Sandy Public Library Sandy Public Library ?0 Box 578 Sandy, OR Sandy, OR 97055 SALESPERSON attE ~A~E%~p~ Sue Newlan ~H~PPEDVIA FO8 POINT TERMS Hike Accura Jobsite QUANTITY DESCRIPTION UNIT PRICE TOTAL Progressive billing for month ending April 198c. 1. Natural birch library furniture 10,505 / ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX; 239-4045 March 29, 1989 Project: City of Sandy LIBIU~Y/P(M.%C[ RELOCATION ~CEIV~D Martin1404 N.E.C°nstructi°nlllth Co. MAR 30 1983 Portland, Oregon 97220 TH£~.~FO~.~_Or Dear Mr. Martin: Thank you for meeting with everyone at the Sandy City Hall this morning for the Preconstruction Conference meeting. As promised at that meeting, enclosed is a partially filled out SUBCO~ LIST form for your completion to note the various Subcontractors to be used on the subject project. Also enclosed is one (1) copy of a partially filled out Application and Certificate for Pmkymment form (page 1 of 2 and 2 of 2) that is to be completed by adding the various project costs on page ~/2, columns 'B" & "C'. You may then make a number of copies that can be used by completing columns 'F", 'G', 'H", & 'I" as they pertain to that Application. Enclosed is one (1) copy of a SAMPLE completed form from a previous project as to how the various costs should be noted. If you have any questions, please contact our office. Sincerely, Bru~e A. Samuelson, A.I.A. BAS: kp cc: Mr. Clay Moorhead w/enclosure Enclosure APPUCATION AND CERTIFICATE FOR PAYMENT DOCUME~T C702 P^GEONEOf 2 P^GES TO (Owner): City of' Sandy PROJECT: LIBRARY/POLICE APPLICATION NO: Distribution to: P.O. Box 116 RELCX=ATI(3N O OWNER Sandy, Oregon 970.5_5 PERIOD FROM: I-I ARCHITECT TO: I-I CONTRACTOR ATTENTION: CONTRACT FOR: Remodeling of' ARCHITECT'S I-1 Building @ 38988 Proctor Blv'd. PROJECTNO: 8805 Sandy, Oregon CONTRACT DATE: CONTRACTOR'S APPUCATION FOR PAYMENT Ap . ,tion is made for Payment, as shown below, in connection with the Com~acL Continuation Sheet, AIA Document G703, is attached. CHANGE ORDER SUMMARY ' ' The present status of the account for this Contract is as follows: ChanBe Orders approved ADDITIONS DEDUCTIONS ORiGiNAL CONTRACT SUM ....................... $ x ] 3 3: 9 ] & _ 013 .in previous months by TOTAL Net chanBe by ChanBe Orders ..................... Approved this Month CONTRACT SUM TO DATE ........................ $ Number Date Approved TOTAl. COMPLETED & STORED TO DATE ........... $ , (Column G on G703) RETAiNAGE .% ......................... or total in Column I on G703 TOTALS TOTAl. EARNED LESS RETAINAGE .................. Nel chanje by Chanl~e Orders The undersiBned Contractor certifie~ that to Ihe bes~ DJ his knowledlle, LESS PREVIOUS CEI[TiFICATE$ FOR PAYMENT ....... $ information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Oocu- menls, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received CURRENT PAYMENT DUE-. ........................ $ from the Owner, and that current payment shown herein is now due. CONTRACTOR: Martin Construction Co. State of: County of: Subscribed and sworn to before me this day of Notary Public: By: Date: My Commission expires: ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTmm ............................. (Attach explanalion ii amount certified differs from Ihe amount applied/oz.) In accordance with the Contract Documents, based on on-sile obser- ARCHITECT: Bruce A. Samuelson A. I .A. rations and the data comprisin8 the above application, the Archilect certifies to Ihe Owner that the Work has progressed to the point indicaled; that to the best of his knowledBe, information and belief, By: Date: the qualily ol the Work is in accordance wilh the Contract Docu- menls; and that the Contractor is entitled to payment DJ the AMOUNT This Certificate is not neBotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance ol payment are withoul prejudice to any CERTIFIED. riBhts of the Owner or Contractor under this Contract. AIA DOCUMENT GT~ · APPLICATION AND CERTIFICATE FOR PAYMENT * APRIL 1978 EDITION · AIA® · ~ 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 APPUCATION AND CERTIFICATE FOR PAYMENT A~A DOCUmeNT c~o2 P^C~ o.E ~ 2 PA~S TO(Owner): City of' Sandy PROJECT: LIBRARY/POLICE APPLICATION Io: P.O. Box 116 RELOCATION FROM: ~_1-1 OWNER ARCHITECT Sandy, Oregon 97055 PERIOD to:ig~il~l-I CONT~.ACTOR ARCHITECT'S I-I ATTENTION: CONTRACT FOR: Remodeling of' Bu~.].ding @ 38988 Proctor BTv'd. PROJECT NO: 8805 Sandy, Oregon CONTRACT DATE: APpUCATION FOR PAYMENT ~p~i~tion i, m.,. for Pay..n,, as ,ho~n CONTRACTOR'S Coe~kam~o~ 6k~el, AIA I)ocumm~ G?03, is attached. ....................... ( C)wfl~~ ~'"'-' / Net chan~e by Chan~e Ordml .... TOTAL ................. At. Dyed th~s/v~onth CONTIACT SUM TO DATE ' · $ Nulltblr Date Approved , ,,, ,o ..co ........... (Column G~J~ ee"rA~NA~r~ ' ~ ~ ........................ $ - or total in~-olmfll~[on G703 (OTALS,~,,) ~ ~ TOTAL EAI~ED ~ P.~'TAINAGE .................. $ lhe undm~igned Cont~ ,that to the best at his knowledge, LES~ PIEVIOUS CEIITiFICATES EaR PAYMENT ....... $ mtormabo~ and beliet the Work covered by this Applicalion lot Paym~t has been completed in accordance with the Contract Docu- mem~0 lhat all amounts have been paid by him tar Work for which p~a~oos Ce~titicates tar Payment were issued and payments received CURIIENT PAYMENT DUE.. ........................ $ from Ihe Owner, and that current payment ~hown herein is now due. " CONTRACTOR: Idort£n ConstructJ. on Co. State of: County of: Subscribed and sworn to before me this day of , lg Notan/Public: Ii~ Date: My Commission expires: ARCHITECT'S CERTIFICATE FOR PAYMENT ~oum cER~.m ............................. s (Atlach explanation il amoun( cenitied dizen Imm the amount ap/g/ed In accordance with the Contract Documents, based on on-site obser- ARCHITECT: Bruce A. SanueJ. son A. ! .A. valms altd lhe dala comprisin8 the above application, the Architect certilie~ to the Owner that the Work has proRressed to the point indicaled; Ihal Io the best of his knowledse, iniormalion and beliei, By: Date: Ibc qualily DJ the Work is in accordance with the Contract Docu- menLs; and Iha! the Contractor is entitled to payment oi the AMOUNT This Certificate is not neBotiable. The AMOUNT CERTIFIED is payable only Io Ihe Ccmlractm named heroin. Issuance, payment and acceptance ot payment ate without pequdic~ to any CEI~TIFIED. riBhts of the Owner or Contractor under this Conlract. MA I~:)CUM~IT G~ · APPLICATIOt~ AND CERTIFICATE FOR PAYMENT · APRIL 1978 EDITION ' AIA® ' · 1978 Tt~ A/I~RICAN INSTITUTE OF ARCHITECIS, 1735 NEW YORK AVENUE, N.W., WASNINGTON, D.C. L000&~_ PAGE OF PAGES CONTINUATION SHEET AIA DOCUMENT G703 ~,, ~ APPLICATION NUMBER: AIA Documenl G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containin8 APPLICATION DATE: Comractor'$ $isned Certification is attached. In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: TO: U~e Column I on Contracts where variable relainase for line items may apply. ARCHITECT'S PROJECT NO: 880.5 B c D E f G H I BALANCE DESCRIPTION OF WORK SCHEDULED This Appllcalion AND STORED TO FINISH TO DATE lC--G) VALUE Previous ID+E+ F) Applicaliom Wo.k in Plac~ . (not in O or E! AIA DOCUMENI' GTffi * CONTINUATION SHEET · APRIL 1978 EDITION · MAe · · 1978 11~ AME~CAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.0 WASHINGTON, D.C. 213006 APPUCATION AND CERTIFICATE FOR PAYMENT czo ~ ~ APPLICATIO~ ~~ ~st-but~on pROJECT: ~- ~ OWNER : ARCHITECT'5 A~TIOH: CONTRA~ FOR:~ PROJE~ NO: 8807 CONTRACT D~T~: Hay 16. 1988 Application is made lot Paymenl, as shown below, in connecli~ wi~ ~ ~UaeL ~E ORDER SU~RY ' , ,. ...;~ The present status of the account for this ConS,act ;~ ~. ,pp,~ "~OmONS D;DUC;~ONS OmG~NAL CON;~O SUM ....................... S X44: 200.00 'm ~ ~t by Net change by ChanBe O,ders ..................... S ?,001.00/_ _ ~ 1OTAL ~ ~ CONT~A~ SUM TO DATE ........................ ~ Date App~ov~ [~ / / ~ ~ · TOTAL COMPLIED & STO~ED ~O DAlE ........... ~ (Column G on G70~) 1,2,3, 4 2001.00 ~ o EETAINAGE ~9 -~ ........ ; ................ ~ ~ or Iolal in Column I on G703 1OIA~ 2~9! 99 ~5S PBEVIOUS CERTIFI~Z~ fO~ PAYM~T ....... $ 23~119~20 ,. ~t~;=~ChanBeO~flt-'~ ._-~ ~ ~ ~ ~ TOTAL EARNED LESS ~AINAGE .................. m~ a~ beliel the Wink cove~ by Ihis Application Io~ riyal ~l ~en compleled m accmdance wilh Ihe Coflll~Cl Docu. mflU, hi all am~nls have been paid by him Im Wink Im which $ ~ 2. ~ hA. ] D . p~=~ C~Ailale~ Im Payment were its~d ~nd payments fecei~d CUER(N[ P~YMENT DUE .......................... , ..... I~ ~ ~, a~ that cuffeflt payment shown he,em ks now due. ~ ' County oi: State o[: ~ ~ Subsc.bed and sworn to belofe me this day OR' ~ ~T~ ' ~ ............................... ~ NoIaw Public: fA[lath explanation il amounl ce,ri/ied di/le~s in ~nc, with the Cons,act ~cumen's, b"ed °n °n's'te "bse" AR ' muels0fl, A.X.A. vA~S ~ ~ dala c~P'tinB Ihe ~ applicauon, Ihu AAchllecl c~ W t~ ~ne~ Ihal Ihe Wo,k hJs proBmssed lo Ihe ~int Date: i~; ~1 Io Ihe b~l of his knowledBe, mjormalion and belief, ~ ~li~ oJ Ihe Work ii iA accordance wilh Ihe ComtaCl ~cu- Th~s Cemfic~te is not fleBolJable- The AMOUNT CERTIFIED is payable only m ~ Cofllfaclo ~ls; aM ~1 ~ CofllfaClO~ is efllJlled Io paymenl oi Ihe ~AOUNT named herein. Issuance. payme~l and acceplance ~11~1~. fighls of Ihe Owner m Conlfaclot unde~ IJlis Conllacl. A~ ~~1 G74) ' APPLICATION AND CERTIFICATE fOK PAYMENT ' APRIL 1971l [[)ITIO ~ ~1~ IN~1ITU/[ Of AKCHI1[CI5, 1735 NEW YOKK AVENUE. N.W., WASIIINGTOH. D.C. CONT~_.~NUATION SHEET~ AIA DOCUMENT (;703 PAGE OF PAGES AIA Documenl G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containin8 ~ ConlMclor's siBned Cerlil'icalion is attached· f~ APPLICATION NUMBER: 2 In labulations below0 ,mounls am $1a,ed io ihe nearesl dollar. ~,/~//{ p//~ APPLICATION DATE:PERiOD FROM: 6-1.5-887-18-88 Use Column I on Conlracls where variable relainaBe t'or line items may apply. TO: 7- I 5-88 ~-----'------- ~ AKL. HI IECT'$ PROJECT NO:8807 i'OTAL COMPLETEI~ ITEMN~ DESCRIPTION OF WORK SCHEDULEDvALUE Prevlout This Application AND STORED % ToBALANCEFINISH RETAINAG~ Al~llcalions Wo.k In Place Slored Malerlals TO DATE IG+CI ~ (nol in D or EI (D+E+F! lC--G) £].eccc[ca] 9336.00 7000.00 1~00.00 -.0- 8aO0.00 / ,- - 90 936.00 840.00 Ceramic Tile 3213.00 -0- -0- -0- -0- -0- 3213.00 -0- '1 Acoustical / 2200.00 ,~ ' I 3996.00 1796.00 -0- 3996.00 100 -0- 399.60 Glae8 & G].aztn8 4042,00 -0- 4042,00 -0- 4042,00 100 -0- aoa,20 i_ HVAC 6740,00 3917,00 2148,00 -0- 606S,00 Sheetrock & Plaste~: 411.2,00 1650,00 : / 2462,00 ..... -0- 411,2,00 100 -0- 411.,20 896, O0 500. O0 ,, Plumbtqg -0- -0- 500,00 55 396,00 50,00 · / -0- ' ...... Rub. her Base 484,00 -0- -0- -0- -0- 484,00 -0- Carpent. ry 9622,00 8660. O0 -0- -0- 8660.00 -0- 962.00 866. ?enal£s & Bonds 1761.00 1761 00 -0- -0T 1.761,00 100 -0- _ Prtan~taal Renuesl: ?n?~.~ .. ~,~,.c,m nn 25,688.00.. 13,849.00 ~9,~7.00 666~.00 39~3.70 AIA DOCUMENT G;~I:! · CONTiNUATiON SHEET · APRIL 1978 EDITION · AiA® · ~ 1978 - 11~ AA4F,~dC. AN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. ~ LIST OF SUBCONTRAC,ORS AIA DOCUMENT G805 PROJECT: LIBRARY/POLICE RELt3CATIGN ARCHITECT: Bruce A. Samueison, A.I.A. (Name, address) 38988 Proctor Blv'd. TO: (Contractor) Sandy, Oregon 97055 ARCHITECT'S PROJECT NO: 8805 k~3rtin Construction Co. DATE: March 29, 1989 1404 N.E. 111th Ave. Portland, Oregon 97220 L_ List Subcontractors and others proposed to be employed on the above Project as required by the bidding documents. (To be filled out by the Contractor and returned to the Architect.) Work Firm Address Phone Representative (List continued on back of this sheet) AIA DOCUMENT G805 ' LIST OF SUBCONTRACTORS ' APRIL 1970 EDITION ' AIA® ' © 1970 PAGE I OF 2 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 ARCHITECTURE BRUCE A. SAMUELSON A.I.A. 35 N.E. 17th Avenue · Portland, Oregon 97232 · (503) 239-7526 FAX: 239-4045 March 30, 1989 Project: City of Sandy LIBRArY/POLICE RELOCATION Mr. Clay Moorhead City of Sandy ~ ~ ~ ~ ,~ ~,: ~ ~) P.O. Box 116 Sandy, OR 97055 ":'' Dear Mr. Moorhead: . ~, Per your request we have reviewed the copy of the Certificate of Insurance that had been provided and we offer the following comments: 1. The Certificate Notes Martin Construction as the named Insured - City of Sandy General Conditions notes that coverage is for Contractor or Subcontractor. (20.1) 2. Workmen's Compensation is not noted as included. {20.1.1) 3. Cancellation Notice as noted is not exactly as required by (20.2). 4. Fire Damage limit is $50,000.- while (20.3.2) notes full insurable value thereof for the benefit of the OWNER. 5. The City of Sandy, etc. are not noted as additional insureds. (20.3.3) 6. It does not appear that 'All Risk· insurance is listed on the Certificate. (20.5) You may wish to have your (city's) Insurance Agent review a copy of the provided Certificate for conformance to the Contract Requirements. Sincerely, Bruce ^. Samuelson, A.I.A. BAS: kp cc: Martin Construction Co. AOOl:lk CERTIFICATE vF INSURANCE ,SSUEOATE,MM,OO,YY, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTE~ THE COVERAGE AFFORDED BY THE POLICIES BELOW I':: [._ ~, K ASSF)CIA"f'ES, Ih F' 0 E',(]X o/,~ .... ~:,,:,~, :L E~ COMPANIES AFFORDING COVERAGE F'ORTLAI'ID OR 972.8~-"E~ J.~ COMPANY LE~ER A coo~ sMa.cooL OH[ 0 CASUAL. TY COMPANY INSURED LETTER B ROYAL- MART IN ....... ' CO t~ONo [ RUC T I Oh COMPANY 14~z~ N. E 11 1TH LETTER C "AMENDED" PORTLAND, OR 97220 LETTER COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS .TR DATE (MM/DD/YY) DATE (MMIDD/YY) ~ GENERAL LIABILITY 5~267489 ~I/~:L/~ ~/~/9~ GENERAL AGGREGATE $ 2,1~ X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ CLAIMS MADE~,~ OCCUR. PERSONAL & ADVERTISING INJURY $ X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MEDICAL EXPENSE (Any one person) $ ~ AU~OMOm~E UAmUT~ 5~2674~ ~ Z /0 [ /~ ~ ~ / ~ [ /~ COMB~ED SINGLE $ X ~NY~U~O UM~ ~ ~ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY $ (EACH ACCIDEN~ AND $ (DISEASE--POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE--EACH EMPLOYEE K .~ ,~ ................... ~ ,, ~/1,000. D~~ ~~G ~ ~ ~D DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlRESTRICTIONSlSPECIAL ITEMS SANDY F:'OL I CE /,_~ i BRr-i~ f RE!"IODEL.. ! b.!G r'.'~,-~ ~.-, · CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE' ISsuING COMPANY WILL ~ ~'"~-~'~/'J.'Y~0~' S~)¥ MAIL ['~;~:J DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE F:' 0. Pr'}x :1_:1.'~ ....... '" ' '" LEFT, SAb~E)Y, OI:;~. o"~ ,:',,::',:~.,, ~.:,,2,.~ AUTHORIZED REPRESENTATIVE A__C. P _R _D_2 5 '_s__{3_/_8_8~). ........................................................... ...................................?/~ZC~RD CERTIFICATE OF INSURANCE COMPANY: SAIF CORPORATION THIS CERTIFICATE IS ISSUED AS A MATTER Portland Branch Office OF INFORMATION ONLY AND CONFERS NO 9320 S.W. Barbur Blvd, #300 RIGHTS TO THE CERTIFICATE HOLDER. THIS P.O. Box 2775 CERTIFICATE DOES NOT AMEND, EXTEND OR Portland, OR 97208-2775 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED: Martin Construction Co. KimbeFly Martin 1404 NE lllth RECEIVED Portland, OR 97220-3018 APR 1989 .THE CITY OF THE POLICY OF INSURANCE LISTED BELOW HAS BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. THE INSURANCE AFFORDED BY THE POLICY DESIRED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICY. POLICY NO. POLICY EFF DATE POLICY EXP DATE LIABILITY LIMITS 387809 7/1/88 6/30/89 (in thousands) WORKERS' COMPENSATION STATUTORY EMPLOYERS' LIABILITY $100 (each accident) $100 (each employee) $500 (Disease, Policy) OTHER COVERAGE AFFORDED: DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS Job: For Police/LibraFy Relocation CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OF LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER- AUTHORIZE~ REPRESENTATIVE: city of Sandy Clay Moorehead ~ PO Box 116 ~' ~/~. .... *~'~ ~"C:'?~ ', ....... : Sandy, OR 97055 Issue-Date (4/20/89) F 1221 "to which this coverage applies" is interpreted to apply to injury resulting from a non-excluded incident that results in bodily in- jury or property damage. The failure to include the code for an exposure would not, in itself, give the company an avenue to avoid coverage. This reasoning is correct, as far as it goes. However, you may wish to review condition six in the Commercial General Liability pQlicy. By accepting the insurance contract, you have made the representation to the company that all of the statements in the declarations are accurate and complete. An insurer could argue that by not including a known exposure to loss on the declarations, you have provided information that is inaccurate and incomplete. Therefore, i{ it is determined that a fact has been misrepresented, and an otherwise covered loss should occur asa result of this exposure, any coverage that may have been in the contract for the loss could be avoided...if the com- pany can prove that the fact was material. (The company would have to show that it would not have accepted the risk had it known about the exposure, for example.) You should note that the agent is very properly concerned about this. According to the law of agency, the agent has the duty to disclose this information to his carrier. If he fails to do so, the company would be obligated to indemnify you for any loss that resulted as a result of the withheld information -- since notice to the agent is notice to the company. The company would then, more than likely, initiate action against your agent for recovery of any funds they ex- pended. Seven or eight years ago, this kind of situation would not have been quite as important as it is now. After all, by your volun- teering this information, there has been no effort to deceive. In the current insurance climate, it is necessary to be much more cautious. Items that were readily overlooked in the past could very well become issues of great contention in the near future. Our advice is to notify all bidding agents to quote the ac- count including the code appropriate to your pole work. It may cost you a little more, but could help you avoid the possibility that a claim may be disputed and save the suc- cessful agency from the trauma of an .ugly E&O situation. PROBLEMS WITH SUBCONTRACTORS AND WORKERS COMPENSATION We are a ~e const~ction compan~ wi~ ~roje~s unde~ay ~ several different s~tes. We ro~ine~ ~- struct our project manage~ ~ ob~ ce~fica~s of ~sumnce showing Gene~l Liabili~, Au~ L;~?i~ and Wo~e~ Compensation from afl subcontrac~ ~ey may hire. Howevec s~ce so~ proprie~ and pa~ne~ a~ not ~quired ~ car~ Wo~e~ Compensa~n on ~emselves, many do not purchase ~ kind of ~su~nce. Thu~ how can we be p~tec~d ~r ~bility ~r s~ benefits ~ ~e emp~yees of ~ese contrac~ or ~ ~e so~ proprie~ or pa~ne~ ~emselves shou~ ~ be de~rm~ed ~at an employe~ emp~yee ~nsh~ exis~ ? the JOHN LINER LETTER Your question raises a number of issues: whether a subcontractor is legally obligated to provide Workers Compensation insurance for an employee; whether a sole proprietor or partner is entitled to compensation benefits; and what criteria are used to determine if a worker is an employee or independent contractor. Your ultimate line of defense is, of course, your own Workers Compensation policy. If an employee of an uninsured sub- contractor is injured on the job, the chances are more than likely that the employee will be entitled to benefits and be eligible for coverage under your policy. Severe losses re- sulting from such injuries, however, can hurt your own loss history and experience rating...wreck a successful retro plan...and destroy relations with your insurer. Thus, you should do everything within reason to avoid them. You should insist that your project managers obtain current cer- tificates of insurance from all subcontractors. These should be kept on file within your risk management department. In addition, you may want to recommend procedures mandating that no purchase order or contract for the services of a subcontractor can be approved until a valid certificate is produced. This is effective if a subcontractor is to be paid any money in advance. In addition, it is simply a matter of good business practice to avoid engaging the services of a subcontractor who cannot produce a valid certificate on demand. Failure to produce a certificate may be a sign of financial instability. .a poorly-run front office...a company that is simply uninsured', or uninsurable. In any case, you can be sure that a company that cuts corners on insurance is also likely to cut corners on the job. If your insured hires a subcontractor who has employees of his own, it is usually incumbent on the subcontractor to maintain Workers Compensation coverage for all those employees. Workers Compensation laws vary from state to state, but in most states subcontractors with employees are required to carry Workers Com- pensation insurance. The fact that all states have Workers Compensation laws does not mean that all employees are automatically covered. Some states allow employers with only a few employees to elect not to be covered under the statutes. Other states allow certain types of employees to waive their statutory right to bene- fits. Because yours is a multi-state operation, you should make it a point to become familiar with the Workers Compensa- tion laws of any state in which you are doing or plan to do business. Sole proprietors and partners in some states are allowed Workers Compensation coverage for themselves if they elect to come under the law. It is generally true that they are not required by law to carry this coverage; so consequently they do not. However, the JOHN' LINER LETTER given the alternatives, they should reconsider. The hazards of the construction industry are such that virtually every worker will be injured on the job at one time or another'in his career. Sole proprietors and partners who are eligible for and do not have this coverage are bein~ penny-wise and pound-foolish. Workers Compensation is actually a comparatively inexpensive way to obtain accident coverage. In most cases, it is less expensive than other types of medical and disability insur- ance. Sole proprietors and partners who are not under a statutory obligation to purchase this coverage should con- sider~buying it if it is available. Often, small operations -- painters, carpenters, etc. -- may only be able to obtain coverage only through an assigned risk pool. For your own peace of mind, as well as the sake of your subcontractors, you should consider going out of your way to alert them to the advantages of obtaining coverage. (In addition, all states allow businessowners to obtain coverage for themselves as employees by the simple expedient of incorporation.) A far more critical issue is whether a subcontractor or partner could actually be considered an employee of your firm for the pur- poses of Workers Compensation. In many construction rela- tionships, it is not uncommon for a general contractor (particularly a field manager who is under pressure to complete a job on time) to bend the rules slightly, making an individual who should be considered as an employee an "independent contractor." While this is often done in order to avoid Social Security and unemployment taxes, as well as to cut down on paperwork, it can have serious ramifications if that individual is~hurt on the job. Determining whether an employer-employee relationship exists depends on certain well-established criteria with which every risk manager should be familiar. In general, courts tend to follow a six-step t~$t to determine whether an individual is an employee or an independent contractor. First ask: "Does the employer have control over each and every as- pect of the worker's actions?" To meet this test qualifying an independent contractor, the employer should not tell the worker how to do his job nor exercise the requisite control. Even if the employer has the ~i~ to control those actions but does not, an employer-employee relationship can be deemed to exist. This ele- ment of control is the most important part of the six-step analy- sis. Another key question is whether the worker provides his own tools. If, for example, your firm hires a driver who pro- vides his own truck, he would be much more likely to be con- sidered an independent contractor than would an individual who had been hired to drive one of your vehicles. the JOHN LINER LETTER Still another key element is whether the worker holds himself out to the public as an independent contractor. Does he have his own letterhead? Has he registered as a business? How the worker is paid is also a major coDsideration. Gen- erally, employees are paid by the hour or day while inde- pendent contractors are paid by the job. Method of payment is also critical. Is the employee paid through a payroll service? Is. withholding taken out? Is he sent a W-2 or 1099 form? It is also important to determine when the employer has the right to terminate the worker's services. If the employer has the power to fire the worker at any time, it creates a presumption that the worker is an employee. If, however, the employer can terminate the worker only at the end of the job, the individual should be considered an independent contractor, in which case failure to permit him to complete that job would be a breach of contract. Finally, ask whether the work performed is part and parcel of the regular business of the employer. If, for example, you engage a computer programmer to bring a system on line, that person would normally be considered an independent contrac- tor. On the other hand, a day laborer would generally be seen as an employee. Even if your subcontractor meets all these tests, it is important to remember that state Industrial Accident Boards don't always follow the letter of the law in determining whether an individual is an employee or independent contractor. Instead, they will, more likely than not, bend over backwards to find some way to make the subcontractor an employee--thus triggering eligibilitY for compensation benefits under your policy. In summary, the best risk management steps to take here are to retain qualified, reputable subcontractors with whom you have built a long standing relationship. In addition, be sure to set up the controls and perform the needed analyses to ensure that all parties are properly covered. CERTIFICATES OF INSURANCE Some time ago, one of your Le~e~ conta~ed a ve~ ~rmative discuss~n of ce~ificates of insurance. Wh~ ~ was ve~ clea#y w#~en, ~em ~m~ns a serious unanswered question: How ~ handle me two disclaime~ usually included on ce~ifica~s. The first disclaimer ~ads as ~ws: "Th~ ce~ifica~ ~ ~- sued as a ma~er of ~rmation on~ and con~ no righ~ upon me ce~ifica~ holde~ Th~ ce~'fica~ does not amen~ e~end or a~er ~e coverage afforded by me po~s ~d be~w." Th~ visually ren- de~ ~e ce~ifica~ useless. The second disclaimer ~ads as follows: "Should any of ~e above described policies be cancelled be- ~ ~e expiration da~ ~e~o~ ~e ~su~g company ~11 endeavor to mae days wd~en notice ~ ~e ce~ifica~ holde~..but ~re ~ ma# such notice shaft impose no obligation or liability of any ~nd upon ~e company, ~ agen~ or represen~#ves." ~ disclaimer so weakens me ce~ifica~ as ~ make ~ seem ridicu~us ~ even put # ~ ~e mail. Have you any sugges~ns about how we can deal with ~ese ~e JOHN LIN~R LETTER penalizing disclaime~ ~ me ce~ificates of insurance we require from contra~o~ and ome~ mat our firm does bus.ess with? £ Unfortunately, there is very little you can do to assure that you are provided certificates without such disclaimers. In fact, some state laws require that certificates of insurance contain state- ments such as you quoted in your letter. For example, another subscriber wrote to us on this subject, pointing out some relevant. provisions in the law in his home state of Kentucky. Among other things, the law-in that state requires that all certificates of insurance be approved by the Commissioner of Insurance. The filings must be made by the insurers using the forms; so, your firm would not even be qualified -- at least in Kentucky -- to design and obtain approval of a cer- tificate form that you may wish to use to obtain evidence of insurance from other parties. The Kentucky subscriber also pointed out that state regulations further require a state- ment on the certificate indicating that the coverage afforded by a listed policy is not amended, extended or altered by the certificate. A number of other states have similar laws regulating the form and use of certificates of insurance. While they may not be as strin- gent as those in Kentucky, they generally do require some sort of disclaimer. Even in the absence of such regulations, however, it is unlikely that an insurer would be willing to remove or alter disclaimers in its standard certificate form. (We should note, too, that the wording you quoted is included in the ACORD certifi- cate used by many companies and agents.) The intent of these laws and regulations is to make it clear that the purpose of a certificate is to convey information only and to prevent the holder from relying on the certifi- cate to provide insurance which it would not have under the actual policies evidenced by the certificate. This intent reflects case law on the issue holding that a certificate does not constitute a contract between the issuer and'the holder and, in and by itself, does not provide insurance for the holder. There have actually been few cases litigated on the issue. So, the argument that case law does not favor the certificate holder rests heavily on a case that was decided by the U.S. Court of Ap- peals for the Fifth District: United States Pipe and Foundry Co. v. United States Fidelity and Guaranty CQ,, ~.C.H. 1977 Fire an~ Casualty Cases 487. At issue in that case was whether the cer- tificate holder, U.S. Pipe, was entitled to notice of cancellation of a listed insurance policy from the insurer. The certificate itself did not actually contain a disclaimer such as we discussed but a typed provision stating: "A 10- day notice will be given to the holder of this certificate, in the event of cancellation." Still, the court concluded the JOHN LINER LETTER that the insurer had no contractual obligation to notify the certificate holder that the policy had been cancelled. Be- cause U.S. Pipe was "not a named beneficiary under the pol- icy...the certificate did not constitute a contract between the lessor [U.S. Pipe] and the insurers." It should be obvious that you cannot depend on a certificate to guarantee that the insurance represented by that certificate will remain in effect. Even in the absence of those disclaimers you expressed your concern about, the fact remains that the findings of the highest court to deal with the issue to date do not support the certificate holder. Does that mean, then, that the certificates you receive are rendered useless? We don't think so. We would expect any reputable insurer or its agent to stand behind a commitment to notify the certificate holder if any of the listed poli- cies are cancelled. A certificate should represent something more than an idle promise; insurers should -- and most probably will stand behind that promise. In all of this, however, there is a much more important point to keep in mind about why you are requesting evidence of insurance from other parties. In most cases, such insurance should not be considered a substitute for the protection provided by your own insurance. For example, you want to be assured that contractors doing work for your firm have adequate Workers Compensation in- surance so that your own Compensation coverage does not become subject to unnecessary premium charges or losses charged to your experience. In some cases, too, a certificate should be considered as a supplement to other risk transfer techniques -- the use of hold harmless clauses in contracts, additional insured en- dorsements, etc. Still, however, evidence of insurance from other parties backing up such obligations should not substitute for your own Liability insurance. So, all in all, we do feel that certificates -- with or without those disclaimers -- still serve their purpose. The real problems arise if you allow such evidence of other parties' insurance to lull you into a false sense of security and to supplant adequate protection of your own. Copyright © 1989 Shelby Publishing Corporation. All rights reserved. THE JOHN LINER LETTER is published monthly by the Shelby Publishing Corporation, 210 Lincoln Street, Boston, MA 02111-2491. Quotation or reproduction of material, in whole or in part, only with permission of the publisher. Subscription price: $120 per year US and US possessions; $156 in Canada and elsewhere. .. To order your subscription call toll-free 1-800-682-5759. SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY DATE: September 27 , 1988 PARTIES: Gordon E. Stone and Dorothy J. Stone, husband and wife SELLERS City of Sandy, an Oregon Municipal Corporation BUYER RECITAL: Sellers desire to sell to Buyer and Buyer desires to purchase from Sellers that certain real property within the City of Sandy, Clackamas County, Oregon, having the following legal description (the Property): See Exhibit "A" attached hereto and incorporated hereby by reference. AGREEMENT: 1. Sale and Purchase. Buyer agrees to purchase the property from Sellers and Sellers agree to sell the property to Buyers for the sum of $322,500. 2. Earnest Money. Sellers hereby acknowledge receipt of $250 paid by Buyer as earnest money. 3. Payment of Purchase Price. The purchase price shall be paid as follows: 3.1 At closing~ the earnest money shall be credited to the purchase price. 3.2 At closing, Buyer shall pay the additional sum of $322,250. 4. Closing. This agreement shall be closed on or before December 1, 1988 at First American Title Insurance Company of Oregon, 38776 Proctor Street, Sandy, OR 97055. Each party shall pay one-half of the closing fee. 1 - SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY 5. Preliminary Title Report. Within 15 days after the date of this agreement, Sellers will furnish to Buyer a preliminary title report showing the condition of title of the Property. 6. Conditions. The closing of this agreement is conditioned upon the following: 6.1 Buyers written approval of the preliminary title report. 6.2 Successful sale, closing, and receipt of funds from Buyer's General Obligation Building Bond Issue, Series 1988. 7. Structural Pest Inspection. Buyer shall have the right, at its expense, to have the property inspected by a licensed structural pest operator. In the event the inspector's report indicates the necessity for repair of damage caused by infestation of wood destroying pests or organisms, Buyer may terminate all obligations of the parties under this Agreement by delivering to Sellers a written notice to that effect, together with a copy of the inspector's report, within 30 days of the date of this agreement, unless Sellers give written notice to Buyer within 10 days thereafter of their agreement to pay for the work recommended by the inspector. 8. Deed. At closing, Sellers shall execute and deliver to Buyer a statutory warranty deed conveying the property to Buyer free and clear of all liens and encumbrances excepting the lease between the Sellers and Walter R. Lammers and Kay L. Lammers which lease shall be assumed by Buyer who will hold Sellers harmless therefrom. 9. Title Insurance. Within 15 days after closing, Sellers shall furnish Buyer with an owner's policy of title insurance, insuring Buyer against loss or damage sustained by them by reason of the unmarketability of its title, or encumbrances thereon, other than the exceptions described in Paragraph 8 above and the usual printed exceptions contained in such policies. 10. Taxes. Real property taxes for the current tax year shall be prorated as of closing. 2 - SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY 11. Possession. Buyer shall be entitled to possession immediately upon closing, except that areas occupied by Hallmark which shall be vacated no later than November 1, 1988. 12. Property Included. Ail fixtures are part of the Property and shall be left on the premises by Sellers except: shelving in the area subject to the lease between Sellers and Walter R. Lammers and Kay L. Lammers. Hallmark display cases and shelving shall remain the property of Seller. 13. Sellers' Representations. Sellers make the following representations: 13.1 That they know of no material structural defects; 13.2 That all electrical wiring, heating, cooling and plumbing systems will be in good working order and that the balance of the Property, including parking areas, will be in substantially its present condition at the time Buyer is entitled to possession; 13.3 That the existing mortgage is not now in default and will be satisfied in full by Sellers at the time of closing. 13.4 That they have no notice of any liens to be assessed against the Property; 13.5 That they have no notice from any governmental agency of any violation of law relating to the Property; and 13.6 The property has not ever been used for the storage or disposal of hazardous waste materials. 14. Bindinq Effect/Assiqnment Restricted. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives and assigns. However, Buyer shall not assign its rights under this Agreement without Sellers' prior written consent. 15. Remedies. Time is of the essence of this Agreement. If this Agreement does not close, through no fault of Sellers, prior to the close of business on the closing date specified above, Buyer shall forfeit the earnest money to Sellers as 3 - SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY liquidated damages. If Sellers cannot furnish marketable title at closing or otherwise fail to consummate this transaction, the earnest money shall be refunded to Buyer. 16. Attorneys Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the losing party reasonable attorney fees incurred in such action as set by the trial court and, in the event of an appeal, as set by the appellate courts. SELLERS: ~, /' BUYER: . - ..... // <-J / ~ ~o~do~H E. S~one an Oregon Municipal . Corpo~tion,t ~~ Dorothy ~ ~/St~ne Mayor ~ ~City Recorder 4 - SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY HUTCHISON, HAMMOND, WALSH. HERNDON 8, DARLING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JOHN C. HUTCHISON 21790 WILLAMETTE DRIVE JOHN H. HAMMOND, Jr. P.O. BOX 648 michael D. WALSH WEST LINN, OREGON ~7068 TELEPHONE ROBERT D, HERNDON (503) 656-1694 DEANNE L. DARLING August 30, 1988 Mr. Thomas Reber City Manager City of Sandy P.O. Box 116 Sandy, OR 97055 RE: City of Sandy General Obligation Building Bond Issue, Series 1988 Our File No. 1950.013 Dear Tom: Enclosed please find the original of the Resolution and Official Notice of Bond Sale for the City of Sandy general obligation building bonds, Series 1988. The resolution provides that sealed bids would be received on the behalf of the City of Sandy at 10:00 a.m. on Tuesday, September 27, 1988. This will require a subsequent meeting of the Sandy City Council at 12:00 p.m. of the same da~.-..--~at meeting will be necessary to have the Council accept ~he lo~ bid submission. / S incere~t Joh/'~~aHam~ond, Jr. City Attorney JHH/kt //?~ Enclosures (2) Resolution Notice of Bond Sale THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the twenty ninth day of August in the year of Nineteen Hundred and Eighty Eight. BETWEEN the Owner: CITY OF SANDY, OREGON P. O. Box 116 Sandy, Oregon 97055 and the Architect: BRUCE A. SAMUELSON, A.I.A. 35 N. E. 17th Avenue Portland, Oregon 97232 For the following Project: (Include detailed description of Project location and scope.) Relocation of present City Library and Police Departments to remodeled space itl the p£esent building known as the STONE BUILDING located dL 38988 Proctor Blvd. The Owner and the Architect agree as set fort. h below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 I TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE I ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general ARCHITECT'S SERVICES AND RESPONSIBILITIES market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical lng jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 CONSTRUCTION PHASE--ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components, incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs, ment A201, General Conditions of the Contract for Con- 1.2 DESIGN DEVELOPMENT PHASE struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- tot shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural, structural, mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may be appropriate. 1.5.4 The Architect shall visit the site at intervals ap- propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and rnents for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENt' 1~141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- Work wherever it is in preparation or progress, stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.1:] The Architect shall review and approve or take to the Contractor based on observations at the site and on other, ap. pr~o.l~riate action upon the Contractor's submittals evaluationS_of .the Contractor's Applications for Payment, Such'a's SHop D~awings, Product Data and Samples, but and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of 1.$.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Architect's knowledge, information and belief, the qual- the Contract Documents, and shall have authority to order ity of the' Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.$.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND I~,~$1C SIEP,¥1¢IES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.:2 Such Project Representatives shall be selected, 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in goc~d sentatives, the Architect shall endeavor to provide further faith in such capacity, protection for the Owner against defects and deficiencies 1.$.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project Eepresenta- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. Al& DOCU~II:NI' 1~141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · A1A® · ~) 1977 4 1~141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies, of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. terns and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.$ Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 'I'I~41E labor. 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces, the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or of submissions and for approvals of authorities having other documents when such revisions are inconsistent jurisdiction over the Project. This schedule, when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ,~I~'I'IC/[ 2 1.7.13 Preparing Drawings, Specifications and supporting 'I'ItF OWNFI~'$ I~I:SI~ON$11~I/I'I'II:$ data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner sl~all provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for tl~'e Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 2.2 If the Owner provides a budget for the Project it 1.7.14 Making investigations, surveys, valuations, inven- shall include contingencies for bidding, changes in the tories or detailed appraisals of existing facilities, and serv- ices required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project, and their source. ^1^ I)OCIJ/~I:NI' 1~141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 11141-1977 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially proVided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services, cie 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ins property; rights-of-way, restrictions, easements, eh- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths, rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations, tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such 2.7 The Owner shall furnish all legal, accounting and in- fixed limit has been agreed upon in writing and signed by surance counseling services as may be necessary at any the parties hereto. If such a fixed limit has been estab- time for the Project, including such auditing services as lished, the Architect shall be permitted to include con- the Owner may require to verify the Contractor's Applica- tingencies for design, bidding and price escalation, to de- tions for Payment or to ascertain how or for what pur- termine what materials, equipment, component systems poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con- half of the Owner. tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof, after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod~ by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies, of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. terns and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.$ Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.21) Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceedingor legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and 1.8 I'IMI~ labor. 1.8.1 The Architect shall perform Basic and Additional 1.7.11) Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces, the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or of submissions and for approvals of authorities having other documents when such revisions are inconsistent jurisdiction over the Project. This schedule, when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. AI~TIC£E 2 1.7.13 Preparing Drawings, Specifications and supporting TFIE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for tee Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the tories or detailed appraisals of existing facilities, and serw Work during construction, and other costs which are the ices required in connection with construction performed responsibility of the Owner, including those described in by the Owner. this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project, and their source. AIA DOCUMENT B141 ' OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion tor any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4. deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Pr·j- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional ARTICLE 5 Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants, due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques whet1 used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 7.1 Records of Reimbursable Expenses and expenses per- 5.1.6 Expense of any additional insurance coverage or raining to Additional Services and services performed on limits, including professional liability insurance, requested the basis of a Multiple of Direct Personnel Expense shall by the Owner in excess of that normally carried by the Architect and the Architect's consultants, be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica- forth in Article 14. ti·ns for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ins as those in AIA Document A201, General Conditions latins to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with rant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT rives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree~ performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 8 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of ?,70 Prepayment dollars ($ 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other se~ices included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis oi compensation, including fixed amounts, multiples or percentages, and identity Phases to whi~ particular metho~ of compensa- tion apply, it necessary.) Hourly rates for services provided in the preparation of Specifications and Drawings and Contract Administration assistance for actual time spent on the subject project will be billed at the following for Architects staff: Principal: $37.50 per hour Senior Draftsman: $28.00 per hour Junior Drafts person: $21.00 per hour Clerical: $21.00 per hour The above rates will be used for actual time spent on the subject project but is not to exceed the sum of $13,700.00 for Architectural, Structural, Mechanical and Electrical Fees. 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: percent ( %) Design Development Phase: percent ( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent ( %) Construction Phase: percent ( %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis oI compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods oI compensation apply, if necessary.) At hourly rates for additional services as noted in Article 14.2.1, Basic Services for Architectural work and at hourly rates for Engineering work as noted in Article 15. No Structural review of the existing building construction has been deemed necessary and Structural Engineering will be limited to reinforcement at new windows in exterior walls. Heating, Ventilating and Air Condition- ing Engineering will be limited to new duct design for new spaces from existing equipment. Plumbing Engineering work will provide for new services to be provided. Electrical Engineering will re- vise the present Electric Panels to accommodate new power circuits and lighting circuits from existing building service. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of one point one gero ( 1 . 10 ) times the amounts billed to the Architect for such services. (Identity specific types ot consultants in Article 15. ii required ) 14.,~ FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of one point zero ( 1 . 0 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate ot interest agreed upon.) (Usury laws and reguirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places ot business, the location ot the Project and elsewhere may affect the validity of this provisiom Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve (1,3 months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 · AIA® · © 1977 10 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 15 OTHER CONDITIONS OR SERVICES Present Hourly rates for Consultant Engineers will be billed at the following: STRUCTURAL Engineering: Principal: $55.00/Hour Project Engineer: $45.00/Hour Drafting: $30.00/Hour Clerical: $21.00/Hour MECHANICAL Engineering: Principal: $62.00/Hour Project Engineer: $52.50/Hour Project Designer: $45.00/Hour Engineering Technician: $35.00/Hour Draftsperson: $28.00/Hour Clerical: $20.00/Hour ELECTRICAL Engineering: Principal: $62.50/Hour Senior Engineer: $54.00/Hour Engineer: $48.00/Hour Draftsperson: $28.00/Hour Clerical: $21.00/Hour Computer: $17.00/Hour AIA DOCUMENT B141 * OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION" JULY 1977 · AIA® · (D 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 11141-1977 11 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT CITY OF SANDY BRUCE A. SAMUELSONr A.I.A. P. O. BOX 116 35 N.E. 17th Avenue Sandy, Oreqoh~ 97055 AIA DO£UN~EN'I' 1~141 · OWNER-ARCHITECT AGREEMENT · THIRTEENTH EDITION · JULY 1977 . AIA® · © 1977 12 i~141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006