From: Gerald Fisher

Sent: Tue Mar 31 16:20:19 2020

To: Sam Miller (Molalla); Dan Zinder

Cc: Alice Cannon (Molalla); Dan Huff

Subject: FW: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Importance: Normal

Attachments: image002.png; image006.gif; image008.png; image001.jpg; image003.jpg; image005.jpg;

 

Sam,

If they are not out of the right of way by Monday then document in an inspection report and send to Dan Z and myself.

Dan,

If push comes to shove, we may need to do enforcement on this contractor.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: Gerald Fisher

Sent: Tuesday, March 31, 2020 3:56 PM

To: 'Andy McBride' <andym@cascadenwco.com>

Subject: RE: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Your permit was issued on January 29th. Clackamas County did not activate its EOC until February 29th. The Governor issued a stay at home executive order to non-essential workers, not including construction, on March 23rd. The order which doesn’t affect construction went into effect 7-days before your permit deadline which means you had 53 days to brace the front of the building from the interior. I’m not going to speculate on schedules, means, or methods for completing the work nor does the City get involved in individual company expenses due to overtime cost to meet deadlines. The extension for one week to next Monday was granted but that is all we are willing to grant. Monday noon is your deadline. After that it is a violation of City code to occupy the right of way on an expired permit. Mobilize whatever forces you need to meet your deadline.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: Andy McBride <andym@cascadenwco.com>

Sent: Tuesday, March 31, 2020 3:37 PM

To: Gerald Fisher <gfisher@cityofmolalla.com>

Subject: RE: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Hi Gerald-

I understand your position and I appreciate you weighing in on this. We have been working hard on meeting the deadline with Sam, I have sent additional forces to the job to help with the issue. I am simply asking for some assistance from the city on a small extension given factors out of my control. The businesses all around Bentley are currently closed unfortunately and wouldn’t interrupt business I think, but that is your position of expertise.

It would cost me a great deal of money to pay overtime to meet Mondays deadline of noon. My other option is what, pay fees to the City for delay, I am not sure what that looks like, can you tell me what I am up against? I am not trying to piss you or anyone off. I am asking for options from you so that we can work together and not against each other. I’m not asking for any thing free or try and beat a dead horse, I am asking for options or the cost of penalties.

I have 2 of my best carpenters out on self quarantine until testing results tomorrow and Thursday.

image Andy McBride

Principal

Cascade NW Construction www.cascadenwconstruction.com

801 E. Main St. Molalla, OR 97038 | O: 503.919.2201 | C: 503-332-0038

OR CCB #201730 | WA #CASCANC821BR | OEC 408 COMMUNICATION

image

From: Gerald Fisher <gfisher@cityofmolalla.com>

Sent: Tuesday, March 31, 2020 3:09 PM

To: Andy McBride <andym@cascadenwco.com>

Cc: Sam Miller <smiller@cityofmolalla.com>

Subject: RE: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Mr. McBride,

You were given a permit to occupy the public right of way for a term not to exceed 60 days. That means that it was your responsibility to work expeditiously and secure the building so that braces in the right of way were no longer needed. That has not happened. Other contractors in the community including utility contractors are having no problems meeting permit deadlines. Your company is the only one in this category. Your company is also the one who operated in the right of way without a permit. That being said, it is your responsibility to get the right of way opened back up so the public can use it. You have until noon on Monday, April 6th and no further extension will be granted.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: Sam Miller <smiller@cityofmolalla.com>

Sent: Tuesday, March 31, 2020 2:52 PM

To: Gerald Fisher <gfisher@cityofmolalla.com>

Subject: FW: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Hello Gerald,

FYI

Here is Andy McBride from Cascade NW Construction response to have the sidewalk reopened by Monday.

Regards,

Sam Miller | Sr. Engineer Tech.

City of Molalla

117 N Molalla Ave. | PO Box 248 | Molalla, OR 97038

T : 503-759-0217 | E: smiller@cityofmolalla.com

From: Andy McBride <andym@cascadenwco.com>

Sent: Tuesday, March 31, 2020 2:41 PM

To: Sam Miller <smiller@cityofmolalla.com>

Cc: Megan Wise <meganw@cascadenwco.com>

Subject: RE: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Sam-

It’s not for lack of trying to complete, I am a week behind, the state has a Stay Home mandate, the businesses are shut down, people are ordered to stay home unless essential so what is the true reason for denial? There must be a code you can site for us.

When we spoke earlier this month you actually said we could talk about it as it got closer, I should have reached out to you last week but with all that is happening I really didn’t think about the ROW, the counties and other cities, including Portland are all working with us and other contractors on permit extensions. Very odd this would be the City’s position to deny the ROW extension. This is going to cause a delay to reschedule all my subs. You must realize this is extremely hard to build two walls 110’ long with zero access to the outer side and have them completely finished when standing? Why are you choosing to not work with us?

image Andy McBride

Principal

Cascade NW Construction www.cascadenwconstruction.com

801 E. Main St. Molalla, OR 97038 | O: 503.919.2201 | C: 503-332-0038

OR CCB #201730 | WA #CASCANC821BR | OEC 408 COMMUNICATION

image

From: Sam Miller <smiller@cityofmolalla.com>

Sent: Tuesday, March 31, 2020 2:30 PM

To: Andy McBride <andym@cascadenwco.com>

Cc: Megan Wise <meganw@cascadenwco.com>

Subject: RE: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Hello Andy,

I understand that Covid-19 has had a big impact on everyone and the life change’s we all have had to make, but Monday 6, 2020 is all the time the City will allow for the Sidewalk Closure. Please take all action to have the sidewalk open by this date. The City feels that 60 days was enough time to complete all construction work in the ROW, Including construction of the north wall and secure it to the west store front.

When we spoke earlier this month, I mentioned that there would not be an extension on the permit and that an action plan needed to be put into place to make sure that this wouldn’t become an issue. The city will enforce code enforcement if condition are not meet. Please follow the Sidewalk Closure Conditions and notify me for final inspection. Thanks.

Regards,

Sam Miller | Sr. Engineer Tech.

City of Molalla

117 N Molalla Ave. | PO Box 248 | Molalla, OR 97038

T : 503-759-0217 | E: smiller@cityofmolalla.com

From: Andy McBride <andym@cascadenwco.com>

Sent: Tuesday, March 31, 2020 1:16 PM

To: Sam Miller <smiller@cityofmolalla.com>

Cc: Megan Wise <meganw@cascadenwco.com>

Subject: RE: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Hi Sam-

We still have shoring in the way supporting the awning, I am sure you can understand that with the current Covid conditions we had some people request time off and some that needed to deal with school closure and daycare. We need a little more time now that I have a full crew back onsite. How much time can you give me in additions to the April 6th? I have my crews on 10 hour days now in response to needing more time at home. If I could have through the 10th that would give us enough time to get things safely secured and be outside the right of way except when painting and installing the glazing.

We are all struggling right now with the life changes from this impact, will you and Jerald be willing to work with us through the 10th? We are just the contractor in the middle of this ordeal between the Bentley’s and the City.

From: Sam Miller <smiller@cityofmolalla.com>

Sent: Tuesday, March 31, 2020 11:13 AM

To: Megan Wise <meganw@cascadenwco.com>

Subject: RE: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Hello Megan,

Unfortunately I have been advice by the Public Works Director that the city will not be extending the permit and the Sidewalk needs to be reopened by next Monday April 6, 2020. Please work closely with your sub-contractors on completing work within the Row. I was also promised that the north wall would have been erected and supporting the front entrance wall by 3/27/2020. You will need to set up a ROW inspection with me once all PW Permit Conditions have been meet. Please let me know if you have question. Thanks.

Regards,

Sam Miller | Sr. Engineer Tech.

City of Molalla

117 N Molalla Ave. | PO Box 248 | Molalla, OR 97038

T : 503-759-0217 | E: smiller@cityofmolalla.com

From: Megan Wise <meganw@cascadenwco.com>

Sent: Tuesday, March 31, 2020 10:18 AM

To: Sam Miller <smiller@cityofmolalla.com>

Subject: RE: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Hi Sam,

Thank you for reaching out to me. I hope you are doing well during this scary time. We need to extend it for about a month. The month is the longest we will need it for. Let me know what we need to do to extend this.

Thanks,

image Megan Wise

Administrative Assistant

Cascade NW Construction www.cascadenwconstruction.com

801 E. Main St. Molalla, OR 97038 | O: 503.919.2201 | C: 503-989-3318

OR CCB #201730 | WA #CASCANC821BR | OEC 408 COMMUNICATION

image

From: Sam Miller <smiller@cityofmolalla.com>

Sent: Monday, March 30, 2020 5:10 PM

To: Megan Wise <meganw@cascadenwco.com>

Subject: RE: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Good Afternoon Megan,

Can you give me an update on ROW Permit PW04-2020 Temporary Sidewalk Closure and when the construction for the sidewalk closure will be completed. The permit will expire today. If you could forward me a construction schedule on completion of work that pertains to the closure of the sidewalk would help me out if an extension of the permit can be issued. If the closure is no longer need for construction. The city will need Cascade NW Construction to follow the PW Permit Conditions for reopening the sidewalk. Thanks.

Regards,

Sam Miller | Sr. Engineer Tech.

City of Molalla

117 N Molalla Ave. | PO Box 248 | Molalla, OR 97038

T : 503-759-0217 | E: smiller@cityofmolalla.com

From: Sam Miller

Sent: Thursday, January 30, 2020 2:28 PM

To: 'meganw@cascadenwco.com' <meganw@cascadenwco.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>

Subject: 110 N. Molalla Ave. Sidewalk Closure. ROW Permit PW04-2020

Good Afternoon Megan,

See attach ROW Permit PW04-2020 and letter of conditions for you records. Please let me know if you have any question or concerns.

Regards,

Sam Miller | Sr. Engineer Tech.

City of Molalla

117 N Molalla Ave. | PO Box 248 | Molalla, OR 97038

T : 503-759-0217 | E: smiller@cityofmolalla.com