Page 10...The Portland Observer ...February 19, 1992
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Portland Observer
CLASSIFIEDS
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
RONALD BRYANT and
)
KENNETH SMITH, individually
)
and on behalf of all others
sim ilarly situated,
)
)
Civil No. 91-256-MA
)
Plaintiffs.
NOTICE
)
)
FRED PEARCE, G. H. BALDW IN,)
C. B. TAYLOR, and JOHN DOE 1)
through 10,
)
Defendants.
)
TO: All persons of African-American descent who are or were
inmates confined at the Eastern Oregon Correctional Institu­
tion or the Oregon State Correctional Institution.
The plaintiffs, Ronald Bryant and Kenneth Smith, charge that since
at least March 26, 1984, the defendants, Fred Pearce and other
m em bers of the Oregon Department of Corrections, have uncon­
stitutionally assigned inmates of African-American descent to their
individual housing units at the Eastern Oregon Correctional
Institution (EOCI) and the Oregon State Correctional Institution
(OSCI) based upon their race or skin color and as a result those
inm ates have suffered damages. The defendants admit liability.
The Court has ruled that this lawsuit may be temporarily maintained
as a claim on behalf of a class consisting of all persons of African-
Am erican descent who were assigned to their individual housing
units at EOCI and OSCI based upon their race or skin color at
anytim e during the period between March 26,1984 and March 26,
1992, unless the class member was finally released from incarcera­
tion prior to March 26, 1989. The Court has also prelim inarily
approved the Settlem ent Agreement entered into by the parties.
Counsel for plaintiffs and the Class represented by them have
investigated the facts and circumstances underlying the issues
raised by the pleadings, and the applicable laws, have conducted
discovery, and have concluded that it would be in the best interests
of the named plaintiffs and the Class they represent to settle the
Action upon the terms set forth in the Settlement Agreement and
that such terms are fair, adequate and reasonable.
SUMM ARY OF THE ISSUES AND CONTENTIONS
The following description of the action and the proceedings is
m erely a summary. A complete set of all documents in this action,
including the Settlement Agreement, is available for inspection and
copying at any time from 10:00 a.m. to 4:00 p.m. Mondays through
Fridays holidays excepted, at the Office of the Clerk.
This case was brought by Ronald Bryant and Kenneth Smith, who
are African American prisoners housed at the Eastern Oregon
Correctional Institution (EOCI). They allege that at least since
March 26,1984, defendants Fred Pearce and other members of the
Oregon Department of Corrections have unconstitutionally as­
signed inmates of African-American descent to their individual
housing units at the EOCI and the Oregon State Correctional
Institution (OSCI) based upon their race and skin color and as a
result those inmates have suffered damages.
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By O rder dated February 11,1992, the Court temporarily certified
plaintiffs as representatives of a class including “all persons of
African-American descent who were inmates at EOCI or OSCI
between March 26,1984 and March 26,1991, who were not finally
released from incarceration prior to March 26,1989 and who were
assigned to their individual housing units based upon their race or
skin color.”
IF YOU ARE A CLASS MEMBER, THIS NOTICE AFFECTS
YOUR RIGHTS.
SUMMARY OF SETTLEMENT TERMS
The following description of the proposed settlement is a summary
only, and reference shall be made to the full text of the Settlement
.. Y
A
Multnomah Education Service District
Invitation for Bids
#086-92-206
for furnishing
Dairy Products and Eggs
Bids are solicited to furnish dairy products and eggs for this
agency s Environmental Education Outdoor School program.
Bids will be received by Michael Mlynarczyk, Purchasing Agent,
at 11611 N.E. Ainsworth Circle, Portland, OR 97220-9017 (P.O.
Box 301039, Portland, OR 97230-9039) (Phone: 503-257-1791)
until no later than 4:00 p.m., Pacific Standard Time (PST), March
5, 1992, at which time and address the bids will be publicly
opened,but will not be read aloud.
The successful bidder will not be required to be licensed for
asbestos abatem ent under section 7 of ORS 468.883.
Specifications may be obtained at the above office. Each bid
must contain a statem ent as to whether or not the bidder is a
resident bidder as defined in ORS 279.029. The District may
reject any bid not in compliance with all prescribed public bidding
procedures and requirements, and may reject for good cause any
or all bids upon a finding of the agency it is in the public interest
to do so. No bid will be considered that is received after the
appointed date and time.
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Sub-Bids Requested
»Advertising
»Employment
» Bids/Sub-Bids
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Agreement on file with the court and available for inspection in the
manner mentioned previously.
Advertisement for Bid:
The parties agree that defendants will pay to the members of the
class the sum of $375,000.00 in settlem ent of all claims concerning
the housing assignments of the class members based on race or
skin color during the affected period. The sum of $375,000.00 to be
paid to the members of the class is inclusive of attorney fees, costs
and expenses incurred by plaintiffs’ and class m em bers’ counsel,
in an amount to be determ ined by the Court.
Document 00020
The Port of Portland
Portland Ship Repair Yard
Terminal 1, Berth 104
MARAD Improvements
All fees, costs and expenses that are incurred in administering and
distributing the Settlem ent Fund and in providing all notices to the
Class shall be borne and paid for by defendants.
Payment to members of the class will be paid from the Settlement
Fund on a pro rated basis with the exception that the named
plaintiffs will receive an additional share of the fund from their
services on behalf of the class, so that all class members included
will receive the same amount, with the exception noted.
If more than ten percent (10%) of the number of potential class
members who file claim form s (opt into the class) opt out of the
class, then defendants may have a rebate or refund to them of a
proportionate pro rate share of the Settlement Fund for those
persons over ten percent (10%) who opt out of the class.
The amount of the settlement that you will receive will depend upon
how many other class members seek to participate in the settle­
ment; the fund will be divided equally among all those class
members who seek compensation and file claim forms, so long as
not more than ten percent (10%) opt out of the class, with the
exception that the named plaintiffs will receive an additional share
of the fund for their services on behalf of the class.
ADDITIO N AL INFORMATION
Any questions you have concerning the matters contained in this
notice (and any corrections or changes of name or address) should
NOT be made to the court but should be directed in writing to: Roy
S. Haber or Spencer M. Neal, 815 S.W. 2nd Avenue, #500,
Portland, Oregon 97204.
You may, of course, seek the advice and guidance of your own
attorney if you desire. The pleadings and other records in this
litigation may be examined and copied at any time during regular
office hours at the Office of the Clerk, 516 United States Court­
house, 620 S.W. Main, Portland, Oregon.
CLASS MEMBERS RIGHTS
* * * In order to be included within the class and receive funds under
this settlement, you must send a letter to Spencer M. Neal or Roy
Haber, 815 S.W. 2nd Avenue, Suite 500, Portland, Oregon 97204,
by mail post-marked no later than April 15, 1992, indicating you
wish to be a member of the class. Please give your correct name
and address, the approximate dates you were incarcerated at
OSCI and EOCI, and your institution number, if available, for
identification purposes. IF YOU SEND A LETTER TO MR. NEAL
OR MR. HABER AND IF YOU ARE ELIG IBLE, YOU W ILL
RECEIVE FUNDS FROM THE SETTLEM ENT AND W ILL BE
BOUND BY THE FINAL JUDGM ENT IN THIS CASE.
* * * If you wish to be excluded from the class, you must send a letter
to Spencer M. Neal or Roy Haber, 815 S.W. 2nd Avenue, Suite 500,
Portland, Oregon 97204, by mail post-marked no later than April
15,1992, indicating you wish to be excluded from the class. IF YOU
SEND A LETTER INDICATING YOU WISH TO BE EXCLUDED
FROM THE CLASS TO MR. NEAL OR MR. HABER, YOU W ILL
NOT SHARE IN ANY OF THE SETTLEM ENT FUNDS AND W ILL
NOT BE BOUND BY THE FINAL JUDGM ENT IN THIS CASE.
If you do not respond to this notice, you may not receive any
settlem ent funds and you may be bound by the final judgm ent in
this case.
* * * If the settlem ent is finally approved and you have not contacted
Mr. Neal or Mr. Haber by April 15, 1992, you will not receive any
settlem ent funds and you will lose your right to pursue further legal
action.
DONALD M. CINNAMOND
CLERK OF THE COURT
UNITED STATES DISTRICT COURT
Multnomah Education Service District
invitation for Bids
#015-92-199
for furnishing
School and Office Supplies
Bids are solicited to furnish various school and office supplies for
this agency’s Cooperative Purchasing program. Bids will be
received by Michael Mlynarczyk, Purchasing Agent, at 11611
N.E. Ainsworth Circle, Portland, OR 97220-9017 (P.O. Box
301039, Portland, OR 97230-9039) (Phone: 503-257-1791)
until no later than 4:00 p.m., Pacific Standard Time (PST), March
19, 1992, at which time and address the bids will be publicly
opened, but because of the volum inous nature of the bids,
individual bids will not be read aloud.
The successful bidder will not be required to be licensed for
asbestos abatement under section 7 of ORS 468.883.
Specifications may be obtained at the above office. Each bid
must contain a statement as to whether or not the bidder is a
resident bidder as defined in ORS 279.029. The District may
reject any bid not in compliance with all prescribed public bidding
procedures and requirements, and may reject for good cause
any or all bids upon a finding of the agency it is in the public
interest to do so. No bid will be considered that is received after
the appointed date and time.
Sub-Bid Requested
Tacoma Street l/C
Milwaukie, Oregon
O.D.O.T.
Bid Date: Feb. 27,1992 9:00 AM
Bandon Waste Water Treatment Plant Improvements
Bandon, Oregon
Bid Date: Friday February 28th at 2pm
Kiewit Pacific Co.
Wildish Building Company
P. 0. Box 1769
Vancouver, Wa 98668
(206) 693-1478 (503)285-4687
FAX (206) 693-5582
We are an equal opportunity employer and request sub-bids from women
and minority-owned business enterprises.
P. 0. Box 7428
Eugene, Oregon 97401
(503) 485-1700 • Fax (503)683-7722
CCP34429
We are an equal opportunity employer and request sub bids from disadvan­
taged, minority, women and emerging small business enterprises.
Sealed bids for the Portland Ship Repair Yard, Terminal 1, Berth
104, MARAD Improvements, will be received at the office of the
Manager, Contracts and Procurement, of The Port of Portland,
700 N.E. Multnomah Street, 15th floor, Portland, .Oregon (Mailing
address: P.O. Box 3529, Portland, Oregon 97208) until, but not
after, 2 p.m. March 3,1992 , and thereafter publicly opened and
read.
Description of work:
Construction of two mooring dolphins; installation of new bollards;
modifications to fender system; installation of security fencing;
installation of complete water service; installation of complete
electrical service; and demolition of existing dolphin (additive
alternate).
A prebid conference will be held at 10 a.m. on February 24,1992,
at the Terminal 1, Berth 104 site to discuss all phases of the work.
Please direct technical questions to the Project Engineer, W alt
Haynes at (503) 731-7343.
Bids must be on the bid form which will be provided to prospective
bidders and must be accompanied by a certified or cashier’s
check drawn on a United States bank or a bid bond payable to The
Port of Portland in an amount equal to at least 10 percent of the
total amount bid.
Bidders are required to prequalify in the following category:
Reinforced Structural Concrete - Retaining Walls, Buildings,
Bridges, W ater Reservoirs
Prequalification applications must be submitted not later than 5
business days prior to the bid opening date.
The drawings and the contract manual may be examined at Port
offices. Copies may be obtained by prospective bidders at no cost
from Contracts and Procurement (address above).
No bid will be received or considered unless it contains a
statement by the bidder as a part of the bid that the provisions of
ORS 279.350 (regarding prevailing wage rates) are to be com­
plied with.
Bidders are required to state whether or not the bidder is a
resident bidder, as defined in ORS 279.029. (Reference Article 3
in the Instructions to Bidders.)
No bid will be received or considered unless the bidder is
registered with the State of Oregon Construction Contractors
Board, pursuant to ORS 701.055 (1), prior to submitting a bid.
(Reference Articles 10,12, and 13 in the Instructions to Bidders.)
A license under ORS 468A.720 is required for work involving
asbestos.
Bids may be rejected if not in compliance with bidding procedures
and requirements. Any or all bids may be rejected if in the public
interest to do so.
The Port of Portland
Ron Stempel, Manager
Contracts and Procurement
Request for Proposals
Since its establishm ent in 1941 the Housing Authority of Port­
land has been Portland’s major provider of safe, decent, afford­
able housing to the lower income community. The Housing
Authority, through its several programs, provides housing assis­
tance to over 7,300 households. A portion of this housing (251
housing units) is directly owned by the Authority and is operated
within Section 8 New Construction/Moderate Rehabilitation
program.
Grace Peck Terrace, Rosenbaum Plaza and Unthank Plaza
provide 251 one-bedroom housing units to participants in the
Section 8 program. The Housing Authority has managed these
buildings through a Property Management agent. The existing
Management Agreement has expired and, at this time, the
Authority is requesting proposals to manage these sites. Pro­
posals may be made on individual sites or on groups of sites.
Proposals for Management of these three properties will be
evaluated on the following criteria: 1) Experience in the m an­
agement of housing for low income households, 2) Financial
resources, financial history and stability of the management
company, 3) Management plan for the subject property(s), and,
4) reasonableness of cost for management services.
A Request for M anagement Proposals packet may be obtained
from the Housing Authority of Portland, 8910 N. W oolsey Ave.,
Portland, Oregon 97203. Proposals must be submitted to the
Housing Authority of Portland on or before 2:00 p.m. PST,
March 17, 1992. Questions regarding the Request for Propos­
als may be directed to Mr. Joe Pribil at 735-4215.
Notice of Cancellation
of Public Hearing
Notice is hereby given that the public hearing previously sched­
uled to be held by the Tri-County Metropolitan Transportation
District of Oregon (Tri-Met) at 3:30 p.m. Wednesday, February
26,1992 at the Portland Building, 1120 S.W. 5th Avenue, Second
Floor Meeting Room "C" will not be held because no requests for
hearing were received.
The hearing would have been held for the purpose of considering
a grant application for Section 20 Human Resources Program
Assistance for a Disadvantaged Business Enterprise Training
program.
The grant application is still available for public inspection at Tri-
Met, Public Services Division, 4012 S.E. 17th Ave., Portland
Oregon 97202.
Douglas L. Capps
Executive Director
Public Services Division