February 24, 2025 YOR
CITY OF WOODBURN FRANKLOUNCILO WARD
LILIA BRIZUELA,COUNCILOR WARD 1
MARK WILK,COUNCILOR WARD II
CITY COUNCIL AGENDA JEN CANTU,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
FEBRUARY 24, 2025 - 7:00 P.M. ALMA GRIJALVA,COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The March 10, 2025, City Council Meeting has been cancelled. The
next meeting will take place on March 24, 2025.
Appointments:
None.
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Zach Reeves Legislative Update
B. Quarterly Financial Report
C. Update on the invasive Emerald Ash Borer
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council
consideration not already scheduled on the agenda.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318 at least 24 hours prior to this meeting.
**Habrd int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo.
Comunfquese al (503) 980-2485.**
February 24, 2025 Council Agenda Page i
8. CONSENT AGENDA -Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A. Woodburn City Council minutes of February 10, 2025 1
Recommended Action: Approve the minutes.
B. Traffic Enforcement Report for November 2024 through January 2025 7
Recommended Action: Receive the report.
C. Liquor License Application for Woodburn Plaza Market I.I.C. 8
Recommended Action: Recommend that the OLCC approve the
Liquor License Application for Woodburn Plaza Market LLC.
D. Marion County Ballot Box IGA Renewal 10
Recommended Action:Authorize the City Administrator to enter into
an intergovernmental agreement with Marion County to allow
Marion County to maintain the existing ballot drop box at the
Woodburn Library located at 280 Garfield Street, Woodburn.
E. Fire District IGA for Fire Sprinkler, Fire Alarm, Fire Life Safety 17
Inspections and Plan Review.
Recommended Action: Authorize the City Administrator to sign the
Intergovernmental Agreement (IGA) between the City of Woodburn
and the Woodburn Fire District (WFD) for Fire Sprinkler, Fire Alarm, and
Fire Life Safety Inspections and Plan Review, as well as cost sharing
for said services.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
A. Alternative Contracting Method (CM/GC) for Construction of the 24
Woodburn Community Center Project
Recommended Action: Hold a public hearing.
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City Recorder
prior to commencing this portion of the Council's agenda. Comment time may
be limited by Mayoral prerogative.
A. Council Bill No. 3273 - A Resolution Adopting Findings in Support of 27
Alternative Contracting Method in Lieu of Competitive Bidding for The
Construction of the Woodburn Community Center
February 24, 2025 Council Agenda Page ii
Recommended Action: Following an opportunity for public input,
approve a resolution adopting findings in support of use of an
alternative contracting method in lieu of competitive bidding for the
construction of the Woodburn Community Center Project.
B. Award Personal Service Agreement to Opsis Architecture LLP 37
Recommended Action: Authorize the City Administrator to enter into
a Personal Services Agreement with Opsis Architecture LLP in the
amount of $2,390,258.00 plus reimbursable expenses estimated to be
$46,868 to provide complete architectural & engineering design
services, including construction administration and closeout work for
the Community Center Project.
C. Council Bill No. 3274- A Resolution Adopting a Supplemental Budget 53
and Making Appropriations for the Building Fund for FY 2024-25 to
Account for Increased Pass-Through Revenues from Permit Activity;
and Authorizing Transfer Out of the Building Fund Contingency &
Reserves for Fire Department Allocation of Fire Plan Review Fees
Recommended Action: Adopt Resolution No. 2246 authorizing an
increase in revenue of $690,000, a transfer of $70,000 from
contingency, and a $760,000 spending appropriation increase in the
Building Fund.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. EXECUTIVE SESSION
None.
16. ADJOURNMENT
February 24, 2025 Council Agenda Page iii
COUNCIL MEETING MINUTES
FEBRUARY 10, 2025
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, FEBRUARY 10, 2025
CONVENED The meeting convened at 7:00 p.m. with Mayor Lonergan presiding.
ROLL CALL
Mayor Lonergan Present
Councilor Cantu Present
Councilor Cornwell Present
Councilor Schaub Present
Councilor Brizuela Present
Councilor Grijalva Present
Councilor Wilk Present
Staff Present: City Administrator Derickson, City Attorney Granum, Assistant City Administrator
Row, Economic Development Director Johnk, Community Development Director Kerr, Special
Projects Director Wakely,Police Chief Millican, Community Services Director Cuomo,Public Affairs
and Communications Manager Guerrero, Finance Director Turley, Public Works Director Stultz,
Assistant City Attorney Killmer, Community Outreach and Education Coordinator Uder, Building
Offical Gitt, City Recorder Pierson
ANNOUNCEMENTS
Mayor Lonergan announced the following:
City Hall and the Library will be closed on February 19, for President's Day. Transit will be open
holiday hours (8:00 a.m. - 3:00 p.m.) and the Aquatic Center will be open regular hours (6:00 a.m. -
10:00 a.m. & 4:00 p.m. -8:00 p.m.)
MOMENT OF REFLECTION
Mayor Lonergan took a moment of reflection to acknowledge the following moments:
• Congratulated Joe Budge on his retirement from the Woodburn Fire District.
• Welcomed Jim Walker as the new Fire Chief for the Woodburn Fire District as well as
welcoming Assistant Chief Mike Corless
PRESENTATIONS
Recognition of Sharon Corning —Mayor Lonergan recognized and thanked Sharon Corning for her
years of service on the Woodburn Planning Commission. Community Development Director Kerr
stated that Sharon was a diligent and detail-oriented commissioner, and she will be missed.
Railroad Safety Discussion - City Administrator Derickson updated the Council on recent efforts to
address train safety concerns. They worked with the City Attorney's Office to review federal laws
regarding train speed control, confirming that the City has no authority to regulate speed due to federal
Page 1 - Council Meeting Minutes, February 10, 2025
1
COUNCIL MEETING MINUTES
FEBRUARY 10, 2025
preemption. The City previously opposed increasing train speeds to 70 mph, citing safety risks,
particularly near the high school and downtown. City Administrator Derickson outlined three key
requests to Union Pacific: continue fencing along the rail line,reduce train speeds, and better time train
traffic during peak hours, especially around school times. A letter was sent to Union Pacific, with
copies to federal representatives. The City also encouraged community support through a template
letter available on the website. Union Pacific has responded positively by meeting with City officials
to discuss safety improvements, including additional fencing. A joint approach for creating barriers on
City-owned property is also being explored.
Public Works Director Stultz shared that he met with railroad police, including the chief who was
involved in the original fence installation on Ogle St. It was recommended to extend the same durable
fence from Ogle St.to Cleveland St. The team also discussed blocking open areas near the railroad and
the community college to prevent unauthorized access. They are focusing on areas with significant foot
traffic, such as around the police department and the park, where people cross the tracks as a shortcut.
Coordination with property owners, Union Pacific, and ODOT is planned to connect fencing and
improve safety at key points. While Union Pacific is hesitant to fence the entire area,they are working
on the most critical spots where foot traffic is highest to create barriers that direct people to legal
crossings.
Special Projects Director Wakely provided an update on the Front Street overpass and pedestrian safety
improvements. Although sidewalks cannot be installed on the overpass, the project will focus on
lighting,ADA ramps, and a pedestrian island. The school district has agreed to assist by providing land
for widening the intersection, and the City plans to install curb mounts and bollards. The project is
expected to begin in June. While the pedestrian island should be ready by the 2025 school year, the
timeline for repainting and installing bollards is still uncertain. Future phases will address additional
sidewalk connections.
Community Services Director Cuomo provided an update on education and outreach efforts regarding
rail safety. Operation Lifesaver, a nonprofit program, will be involved in educational workshops
targeting various age groups, from younger students to middle and high schoolers. The school district
has already begun outreach and will collaborate with the City for broader community education at
events. Additionally, the Safe Routes to School program, which offers funding for positions focused
on safety (including rail, bike, and pedestrian safety), is being explored for partnership opportunities
between the City and school district. Director Cuomo highlighted the importance of educating youths
on the dangers of trespassing on railroad tracks, prioritizing education over citations. If citations are
issued, the Peer Court Program will be used to provide educational opportunities. The goal is a
comprehensive approach to rail safety, combining physical barriers, speed reduction requests, and
continuous education.Parents are encouraged to discuss the risks of using tracks as shortcuts with their
children.
Woodburn School District Superintendent Larios expressed full support for the efforts to create lasting
change in rail safety, applauding the City's initiatives such as fencing, timing improvements, and the
actions recommended in the letter. They also fully support the educational components, particularly
the Operation Lifesaver Program, and the multi-pronged approach combining physical improvements,
education, and outreach. The superintendent emphasized the importance of continuing to educate
Page 2 - Council Meeting Minutes, February 10, 2025
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COUNCIL MEETING MINUTES
FEBRUARY 10, 2025
families and students about the dangers and praised the collaboration between the City and the school
district in addressing the issue.
DigEplan Electronic Plan Review System — Building Official Gitt provided a presentation the
DigEplan Electronic Plan Review System. She noted that the new digital system will streamline plan
reviews by allowing real-time access for all departments, speeding up the process, reducing costs,
saving staff time, and minimizing errors.
BUSINESS FROM THE PUBLIC
Lauren Wilson, 502 Stubb Road, expressed her concerns about speeding and unsafe driving on Ben
Brown Rd. around the intersection with Stubb Road. She described incidents of drivers ignoring stop
signs, speeding, and reckless behavior like doing donuts and crashing into cars
Ansar El Muhammed, 1421 June Way, stated her concerns about train safety. She stated she has
reached out to the Woodburn School District to implement a Union Pacific safety presentation, and
contacted businesses and fencing companies for support. She highlighted the need for action to prevent
future accidents, such as increased patrols around the tracks and improved signage.
CONSENT AGENDA
A. Woodburn City Council minutes of January 27, 2025,
B. Building Activity for January 2025,
C. Multijurisdictional IGA —Building Evaluation Support Agreement(BESA),
D. IGA with Marion County for Structural/Mechanical Inspection and Plan Review Services on
an as needed basis (renewal).
Councilor Schaub noted that on Page 7 of the minutes it references Mickey Harrison as a he and it
should be she.
Motion: Schaub/Cornwell... approve the consent agenda as presented with the correction on page 7
of the minutes.
The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Cantu, Brizuela, and
Grijalva voting "aye." [6-0]
ACTION ON FINAL DECISION DOCUMENT APPROVING THE US MARKET GAS
STATION DEVELOPMENT AT 2540 & 2600 NEWBERG HWY AT THE SOUTHWEST
CORNER OF NEWBERG HWY & OREGON WAY(CU 24-02)
Community Development Director Kerr provided a staff report. Councilor Cornwell asked if the caveat
about the vegetative screening on the opposite side of the street was included and Director Kerr stated
that the condition was added which would require the developer to install Arborvitae or similar
vegetative screening with a minimum size of 7 gallons and spacing of one plant every 3 feet. The
landscape plan would be modified accordingly. However, if homeowners prefer not to have the
screening,there's a buyout option where the developer would pay $2,600 to each homeowner in lieu of
planting the screening.
Motion: Schaub/Cantu... adopt the Final Decision approving land use applications, Conditional Use
24-02, Design Review 24-02,Phasing Plan 24-01, and Street Adjustment 24-01 for the US Market Gas
Station development and authorize the Mayor to sign the Final Decision document.
Page 3 - Council Meeting Minutes, February 10, 2025
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COUNCIL MEETING MINUTES
FEBRUARY 10, 2025
On roll call vote the Motion passed with the following vote: Councilors Schaub,Cornwell,Wilk,Cantu,
and Grijalva voting "aye." Councilor Brizuela abstained from voting. [5-0-1]
APPROVE GRANT CONTRACT WITH OREGON PARKS AND RECREATION
DEPARTMENT LOCAL GOVERNMENT GRANT AWARD
Community Services Director Cuomo provided a staff report. Councilor Cantu noted that her husband
owns a property in Boone's Crossing and they manage this investment property.
Motion: Schaub/Grijalva... approve the Contract with Oregon Parks and Recreation Department,
Local Government Grant Program award of$698,167.00 and authorize the City Administrator to sign.
The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Cantu, Grijalva, and
Brizuela voting "aye." [6-0]
APPROVE OF SUBSTANCE USE TREATMENT AGREEMENT WITH BRIDGEWAY
RECOVERY
Community Services Director Cuomo provided a staff report. Carlos Texidor Maldonado, Chief
Executive Officer for Bridgeway Community Health, highlighted that Bridgeway has been providing
medically managed withdrawal services since 2009. They aim to offer bilingual clinicians and flexible
services for youth and adults, including evening sessions, to meet the community's needs.
Motion: Grijalva/Wilk... approve the multi-year contract with Bridgeway Recovery and authorize
the City Administrator to sign.
The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Cantu, Grijalva, and
Brizuela voting "aye." [6-0]
AWARD OF CONSTRUCTION CONTRACT FOR THE FIRST STREET SANITARY
SEWER BYPASS PROJECT
Public Works Director Stultz provided a staff report.
Motion: Schaub/Cornwell... award the construction contract for the First Street Sanitary Sewer
Bypass Project to the lowest responsible and responsive bidder, Lawson Corp, in the amount of
$497,485.00. Staff recommends approving an additional $80,000 for this project as a contingency for
potential change orders that may arise during construction.
The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Cantu, Grijalva, and
Brizuela voting "aye." [6-0]
COUNCIL BRIEFING OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL
USE, DESIGN REVIEW, & STREET ADJUSTMENT CONSOLIDATED APPLICATION
PACKAGE FOR THE LES SCHWAB TIRES MODERNIZATION PROJECT AT 1140 N.
Page 4 - Council Meeting Minutes, February 10, 2025
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COUNCIL MEETING MINUTES
FEBRUARY 10, 2025
PACIFIC HWY& 1735 HARDCASTLE AVE (DR 24-09, CU 24-04, & SA 24-05)
The City Council declined to call this item up.
CITY ADMINISTRATOR'S REPORT
The City Administrator reported the following:
• Community Center design and construction RFP is out to bid and the City Council
should expect to see a contract for the full architectural design of the project during the
next City Council meeting.
• Participated in Elected Officials Training.
• Acknowledged that our first responders are also deeply affected by responding to fatal
incidents,particularly when young people are involved.
MAYOR AND COUNCIL REPORTS
Councilor Wilk noted that Monday was a day without immigrants, and he was proud of the business
community for participating in support of immigrants, and that he is grateful to live in an immigrant
community.
Councilor Cantu gave a shout out to the police department for being proactive.
Mayor Lonergan stated that he and Councilor Wilk attended a town hall last week and were able to
speak with Senator Merkley and Representative Salinas about providing information to the citizens of
Woodburn regarding immigration to ease fears, especially among students. He referenced Senator
Merkley's comments about the chaotic situation in Washington, D.C., and the feeling of being unable
to take immediate action, urging a wait-and-see approach.
Councilor Wilk added that he was encouraged to see packed auditorium of concerned citizens,not just
to see the senator and representative, but to voice their concerns about the current state of the country.
Mayor Lonergan stated that he attended the League of Oregon Cities' Day at the Capitol and had the
opportunity to meet with Representative Munoz who asked a lot of questions about what some of the
concerns are in Woodburn.
ADJOURNMENT
Motion: Cornwell/Schaub... move to adjourn.
The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Cantu, Grijalva, and
Brizuela voting "aye." [6-0]
Mayor Lonergan adjourned the meeting at 8:43 p.m.
APPROVED
FRANK LONERGAN, MAYOR
ATTEST
Page 5 - Council Meeting Minutes, February 10, 2025
5
COUNCIL MEETING MINUTES
FEBRUARY 10, 2025
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 6 - Council Meeting Minutes, February 10, 2025
6
Traffic Photo Enforcement Report - N. Pacific Highway at Mt. Hood Avenue
Red Light Enforcement
November 2024 December 2024 January 2025 Nov 2024-Jan 2025
(Monthly Average)
Total Events Captured 266 405 311 327
Non-Event 118 288 167 191
Controllable 43 7 14 21
Not Controllable 62 50 55 56
Unprocessed/Misc 7 0 0 2
Total Rejections 230 345 236 270
Citations Issued 36 60 75 57
Speed Enforcement mph+)
November 2024 December 2024 January 2025 Nov 2024-Jan 2025
(Monthly Average)
Total Events Captured 232 216 201 216
Non-Event 37 53 38 43
Controllable 16 1 10 9
Not Controllable 44 43 37 41
Unprocessed/Misc 5 0 2 2
Total Rejections 102 97 87 95
Citations Issued 130 119 114 121
*EVENT REJECTION[NON-CYTATION]KEY*
Non-Event: No citation issued due to no violation-event triggered due to cross traffic or slow roll;driver does not match reg owner;public safety response, etc.
Controllable: No citation issued due to poor or malfunctioning camera/video quality[these are typically rejected prior to being sent to City/PD for review].
Not Controllable: No citation issued due to driver and/or vehicle registration issues, driver face obstructions, and poor weather conditions.
UnprocessecflMisc: The program was unable to provide info on rejections for events and/or event was not within enforceable time period.
7
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February 24, 2025
TO: Honorable Mayor and City Council through City Administrator
THRU: Jason Millican, Chief of Police
FROM: Keith Kimberlin, Lieutenant
SUBJECT: Liquor License Application for Woodburn Plaza Market LLC.
RECOMMENDATION:
Recommend that the OLCC approve the Liquor License Application for
Woodburn Plaza Market LLC.
BACKGROUND:
Applicant: Marco Sanchez Hernandez
1285 Daylilly Street
Woodburn, OR 97071
503-926-1375
Point of
Contact: Marco Sanchez Hernandez
1285 Daylilly Street
Woodburn, OR 97071
503-926-1375
Business: Woodburn Plaza Market LLC.
311 Front Street
Woodburn, OR 97071
503-949-5427
Owner(s): Marco Sanchez Hernandez
Agenda Item Review: City Administrator_x_ City Attorney x_ Finance_x_
8
Honorable Mayor and City Council
February 24, 2025
Page 2
License Type(s):
Off Premises- May sell and serve beer, wine, and cider for consumption off the
licensed premises. May sell beer, wine, and cider in a securely covered
"growler" for consumption off the licensed premises.
On January 15, 2025, the Woodburn Police Department received an application
for Off-Premises liquor license for the Woodburn Plaza Market. The business will
be opening as a New Outlet located at 311 N. Front Street in Woodburn, OR
97071 .
The hours of operation are 9 AM to 9 PM Monday to Sunday. There is no
entertainment listed for the location. The Woodburn Police Department has not
received any communication from the public or surrounding businesses in
support of or against the proposed change.
DISCUSSION:
The Police Department has completed a background investigation on the
Woodburn Plaza Market, and the listed owner, Marco Sanchez Hernandez. They
were ran through various police databases and business related databases.
Marco holds a valid Oregon driver's license and no other items of concern were
located during the check. The application is for a New Outlet for Woodburn
Plaza Market. The location was previously Huerta's Market.
FINANCIAL IMPACT:
None
9
Y ry 9W& Item
B V'
P ri,a�.;rrt rr,a' aA'!R7
February 24, 2025
TO: Honorable Mayor and City Council through City Administrator
FROM: Jesse Cuomo, Community Services Director
SUBJECT: Marion County Ballot Box IGA Renewal
RECOMMENDATION:
Authorize the City Administrator to enter into an intergovernmental agreement with
Marion County to allow Marion County to maintain the existing ballot drop box at
the Woodburn Library located at 280 Garfield Street, Woodburn.
BACKGROUND:
The existing intergovernmental agreement with Marion County regarding the
maintenance of the ballot box located at 280 Garfield Street, Woodburn, is set to
expire on March 31, 2025. In late January, Marion County reached out to city staff
to discuss the renewal of this agreement.
DISCUSSION:
Under the terms of the proposed agreement, the City would:
- Permit the continued installation and use of a ballot drop box, along with
metal posts, at the Woodburn Public Library, located at 280 Garfield Street,
Woodburn.
- Allow unrestricted access for both the County and the general public to the
ballot box on City property, commencing 45 days prior to an election and
continuing through election day.
- Grant reasonable access to the County for property maintenance, repair,
replacement, and removal of the ballot box and metal posts at mutually
agreed-upon times.
- Acknowledge that the County retains ownership of the ballot drop box.
Agenda Item Review: City Administrator_X City Attorney_X Finance_X_
10
Honorable Mayor and City Council
February 24, 2025
Page 2
- Prohibit the relocation of the ballot box and metal posts from their fixed
position unless:
o Required bylaw;
o Necessary for reasons of public safety or health; or
o Consent is given by the County for the move.
Under the terms of this proposed agreement, the County will:
- Retain ownership of the ballot drop box;
- Oversee the maintenance, repair, replacement, and removal of the ballot
drop box as deemed necessary by the County;
- Retrieve ballots at intervals established by the County; and
- Acknowledge that the City will not be held liable for any loss or damage to
the ballot box or its posts caused by third parties.
The renewed agreement will expire on December 31 , 2032, unless sooner
terminated.
FINANCIAL IMPACT:
No financial impact.
Attachment:
- IGA between Marion County and the City of Woodburn (CO-6448-25)
11
INTERGOVERNMENTAL AGREEMENT
Between
MARION COUNTY and CITY OF WOODBURN
CO-6448-25
1. PARTIES TO AGREEMENT
This Agreement between City of Woodburn, hereafter called City, and Marion County, a political
subdivision of the state of Oregon, hereafter called County, is made pursuant to ORS 190.010
(Intergovernmental Cooperation).
2. PURPOSE/STATEMENT OF WORK
The purpose of this Agreement is to establish the terms and conditions under which City will
permit County to continue to maintain and operate the existing ballot drop box installation at the
Woodburn Public Library located at 280 Garfield Street in Woodburn, and as shown on Exhibit
A.
The specific obligations of the parties are described in Section 5.
3. TERM AND TERMINATION
3.1 This Agreement is effective on the date it has been signed by all parties and all required
County approvals have been obtained and expires on June 30, 2033 unless sooner terminated
or extended as provided herein.
3.2 This Agreement may be extended for additional periods by agreement of the parties. Any
modifications in the terms of such amendment shall be in writing.
3.3 This Agreement may be terminated by mutual consent of both parties at any time or by either
parry upon 60 days' notice in writing and delivered by mail or in person. Any such
termination of this Agreement shall be without prejudice to any obligations or liabilities of
either parry already accrued prior to such termination.
3.4 County may terminate this Agreement effective upon delivery of written notice to City or at
such later date as may be established under any of the following conditions:
3.4.1 If federal or state regulations or guidelines are modified, changed, or interpreted in such a
way that the obligations are no longer allowable or appropriate under this Agreement.
3.4.2 If any license, certificate, or insurance required by law or regulation to be held by City to
fulfill its obligations required by this Agreement is for any reason denied, revoked, or not
renewed.
3.4.3 If City fails to fulfill the obligations called for by this Agreement within the time
specified herein or any extension thereof.
CO-6448-25 -Ballot Drop Box Agreement— Woodburn Page 1 of 5
12
3.4.4 If City fails to perform any of the provisions of this Agreement or so fails to pursue its
obligations as to endanger the performance of this Agreement in accordance with its
terms and after written notice from County, fails to correct such failure(s) within ten (10)
days or such longer period as the County may authorize.
3.5 Any such termination of this Agreement shall be without prejudice to any obligations or
liabilities of either parry already accrued prior to such termination.
4. FUNDING AND BILLING
No funds will be exchanged between City and County under the terms of this Agreement.
5. OBLIGATIONS OF THE PARTIES
5.1 CITY. Under the terms of this Agreement, City shall:
5.1.1 Permit continued installation and use of a ballot drop box and metal posts at the
Woodburn Public Library located at 280 Garfield Street in Woodburn, Oregon.
5.1.2 Permit unrestricted access by County and the general public over City's property to and
from the ballot box at each election for a period beginning 45 days prior to the election
through election day.
5.1.3 Permit reasonable access by County to the property at mutually agreeable times for the
purpose of maintenance, repair, replacement, and removal of the ballot box and metal
posts.
5.1.4 Acknowledge that County retains ownership of the ballot drop box.
5.1.5 Not move the ballot box and metal posts from its fixed location, nor cause or permit it to
be moved, unless:
a) Required by law;
b) Required for reasons of public safety or health; or
c) County consents to the move.
5.2 COUNTY. Under the terms of this Agreement, County shall:
5.2.1 Retain ownership of the ballot drop box.
5.2.2 Maintain, repair, replace, and remove the ballot drop box as determined by County.
5.2.3 Retrieve ballots at times determined by County.
5.2.4 Acknowledge that City shall not be liable for any loss or damage to the ballot box and
posts by others.
CO-6448-25 -Ballot Drop Box Agreement— Woodburn Page 2 of 5
13
6. COMPLIANCE WITH APPLICABLE LAWS
The parties agree that both shall comply with all federal, state, and local laws and ordinances
applicable to the work to be done under this Agreement. The parties agree that this Agreement
shall be administered and construed under the laws of the state of Oregon.
7. NONDISCRIMINATION
The parties agree to comply with all applicable requirements of Federal and State civil rights and
rehabilitation statutes, rules and regulations in the performance of this Agreement.
8. HOLD HARMLESS
To the extent permitted by Article XI, Section 7 of the Oregon Constitution and by the Oregon
Tort Claims Act, each parry agrees to waive, forgive, and acquit any and all claims it may
otherwise have against the other and the officers, employees, and agents of the other, for or
resulting from damage or loss,provided that this discharge and waiver shall not apply to claims
by one parry against any officer, employee, or agent of the other arising from such person's
malfeasance in office, willful or wanton neglect of duty, or actions outside the course and scope
of his or her official duties.
9. INSURANCE
Each parry shall insure or self-insure and be independently responsible for the risk of its own
liability for claims within the scope of the Oregon tort claims act(ORS 30.260 TO 30.300).
10. MERGER CLAUSE
Parties concur and agree that this Agreement constitutes the entire agreement between the
parties. No waiver, consent, modification or change to the terms of this Agreement shall bind
either parry unless in writing and signed by both parties. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Parties, by the signatures below of their authorized representatives, hereby agree to be bound by
its term and conditions.
11. NOTICES
Any notice required to be given to City or County under this Agreement shall be sufficient if
given, in writing, by first class mail or in person as follows:
For City: For County:
City of Woodburn Marion County Clerk Elections Supervisor
City Recorder Marion County Clerk's Office
270 Montgomery Street PO BOX 14500
Woodburn, OR 97071 Salem, OR 97309
CO-6448-25 -Ballot Drop Box Agreement— Woodburn Page 3 of 5
14
12. SIGNATURES
This Agreement and any changes, alterations, modifications, or amendments will be effective
when approved in writing by the authorized representative of the parties hereto as of the effective
date set forth herein.
In witness whereof, the parties hereto have caused this Agreement to be executed on the date set
forth below.
MARION COUNTY
Authorized by:
Bill Burgess, Marion County Clerk, or designee Date
Reviewed by:
Marion County Contracts &Procurement Date
CITY OF WOODBURN
Authorized by:
Date
Title:
CO-6448-25 -Ballot Drop Box Agreement— Woodburn Page 4 of 5
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EXHIBIT A
Woodburn Public Library
280 Garfield St, Woodburn, OR 97071
Curbside Drobox 24 Hours
a
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16
Y ry 9w& Item
B V'
P ri,a�.;rrt rr rf aA'!R7
February 24, 2025
TO: Honorable Mayor and City Council through City Administrator
FROM: Chris Kerr, Community Development Director
Melissa Gitt, Building Official
SUBJECT: New Intergovernmental Agreement (IGA) with the Woodburn Fire
District (WFD) for Fire Sprinkler, Fire Alarm, Fire Life Safety Inspections
and Plan Review.
RECOMMENDATION:
Authorize the City Administrator to sign the Intergovernmental Agreement (IGA)
between the City of Woodburn and the Woodburn Fire District (WFD) for Fire
Sprinkler, Fire Alarm, and Fire Life Safety Inspections and Plan Review, as well as
cost sharing for said services.
BACKGROUND/ DISCUSSION:
The Oregon Fire Code addresses fire prevention, fire protection, fire safety and
safe storage and use of hazardous materials in new and existing buildings and
facilities. To ensure compliance with these regulations, the City has partnered
with the Woodburn Fire District, which is authorized to perform fire life safety plan
reviews and inspections. This partnership is essential to ensuring the safety of the
community and visitors within the City. The attached IGA sets forth the cost
sharing responsibilities, procedures, and expectations for WFD to provide these
services to the City.
Key Terms of the IGA:
• WFD will provide fire sprinkler, fire alarm, and fire life safety inspections, as
well as plan reviews in accordance with the Oregon Fire Code.
• Both, City and WFD will collaborate on coordination, communication, and
reporting of inspections and plan reviews through the City's permitting
process. Building and fire inspections shall be completed in the Woodburn
Epermitting program through Accela (inspections) and DigEplan (plan
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x_
17
Honorable Mayor and City Council
February 24, 2025 (City of Woodburn/Woodburn Fire Department IGA)
Page 2
review).
• The City, through the Building Inspection Fund will compensate WFD as
outlined in the IGA for these specialized services. Specifically, WFD will
receive 30% of the Fire Life Safety permit fee.
• The City will provide the WFD with training, access, and support to facilitate
inspections and plan reviews.
FINANCIAL IMPACT:
There will be no financial impact on the City's General Fund. The Department has
a 100% cost recovery policy for permitting and inspections. In other words, the
costs for these services are paid entirely by the contractors/ developers at the
time of building permit issuance. Under this IGA, 30% of the Fire Life Safety plan
review fee (collected by the City) will be provided to WFD to support their Fire
Marshall position. The impact on the City's Building Inspection Fund is expected
to be a reduction of approximately $70,000 annually. This estimate is based on
recent permit data and Staff's estimates of building activity over the next 3 years.
Attachments:
1 . IGA with the Woodburn Fire District (WFD) for Fire Sprinkler, Fire Alarm, Fire
Life Safety Inspections and Plan Review.
IGA FOR INSPECTIONS AND PLAN REVIEW
City of Woodburn—Woodburn Fire District Page 2 of 2
18
Mrs
OODBURN
I n�a r ya as r a a P es 41 ? 869
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE WOODBURN FIRE DISTRICT AND THE CITY OF WOODBURN
FOR FIRE SPRINKLER, FIRE ALARM AND BUILDING FIRE & LIFE SAFETY INSPECTIONS
AND PLAN REVIEW AS REGULATED BY THE OREGON FIRE CODE
This Intergovernmental Agreement("Agreement") is made pursuant to ORS 190.010 by and
between the City of Woodburn, a municipal corporation of the State of Oregon ("City"), and
the Woodburn Fire District("WFD"), collectively referred to as the"Parties".
BAC KG RO U N D
A. The City has the responsibility to regulate and enforce building safety standards
within its jurisdiction, including the installation of fire protection systems such as
fire sprinklers and fire alarms.
B. The Woodburn Fire District is responsible for fire prevention and emergency
services, which includes the inspection and review of fire safety systems within the
C ity.
C. To ensure public safety and compliance with applicable fire codes, both the City
and WFD desire to coordinate their efforts for the inspection and plan review of fire
sprinkler systems, fire alarm systems, fire and life safety inspections, and plan
review.
AGREEMENT
1. PURPOSE
The purpose of this Agreement is to establish a collaborative framework between the
City and WFD for coordinated plan review, inspections, and approval of fire sprinkler
systems, fire alarm systems, and fire and life safety plans. This coordination aims to
promote the safety of the public, enhance the efficiency of municipal services, and
ensure compliance with relevant fire safety and building codes.
2. CITY OBLIGATIONS
19
a. Building Permitting and Plan Review: Pursuant to ORS 455.148, the City shall be
responsible for ensuring compliance with statewide adopted building codes and shall
do so by overseeing the permitting and plan review of building permits. This includes an
initial review of construction plans, including fire sprinkler, fire alarm, and fire and life
safety systems.
b. Permit Issuance: The City shall issue building, fire, mechanical, and demolition permits
for new commercial and /or residential buildings, once all applicable requirements are
met.
c. Coordination with WFD: To ensure Fire Code compliance and coordination between
building and fire safety requirements, the City Building Department shall assign plan
review and inspections to the WFD for building and fire permits.
i. Plan review and inspections for the WFD shall be assigned through Oregon
Epermitting(Accela), the City's permitting software. Fire District plan
review shall be completed in DigEplan, the integrated plan review software
component to Epermitting(Accela). The City shall pay WFD's annual
software licensing fees and provide all necessary training for DigEplan and
Accela.
d. Compensation: In consideration of the WFD's provision of fire, life, safety inspections
for the City, the City, shall distribute to WFD, thirty(30) percent of the Fire and Life
Safety plan review fee collected from building permits. These distributions shall be
backdated to begin as of July 1, 2024, and shall henceforth be distributed on a quarterly
basis. It is the express expectation of the City that WFD shall use these funds to
increase the FTE of the WFD Fire Marshall from a part-time position to a full-time (1.0
FTE) position and that, with that increased capacity,WFD will ensure that fire sprinkler,
fire alarm, fire and life safety inspections, and plan review for new building and fire
permits will be provided within ten (10) to fifteen (15) days from the date the plans are
submitted.
3. WFD OBLIGATIONS
a. Increase Fire Marshall FTE: Pursuant to Section 2(d) above,WFD will use the funds
distributed by the City to immediately increase the FTE of the WFD Fire Marshall from a
part-time to a full-time (1.0 FTE) position.
b. Fire System Review and Inspection:WFD shall, within ten (10)to fifteen (15) business
days of plan submittal, review all building permits and plans related to fire sprinkler
20
systems, fire alarm systems, and other fire and life safety features as part of the
building permit process for new buildings and fire protection systems.
c. Fire Safety Code Compliance:WFD shall ensure that all fire safety systems meet
currently adopted fire safety codes, standards, and regulations; including but not
limited to the National Fire Protection Association (NFPA) standards, and Oregon Fire
Code (OFC) standards. WFD shall,within ten (10)to fifteen (15) business days of plan
submittal, provide all code compliance related plan review markups, corrections, and
comments in DigEplan. Once plan review is complete and approved, WFD shall
approve the workflow in Accela so the permit is ready to issue.
d. Inspection of Installed Systems: Upon the installation of any fire protection systems
and fire and life safety systems within the City of Woodburn. WFD shall perform
inspections, with-in an appropriate time, to confirm compliance with the approved
plans and relevant fire codes.
4. SHARED RESPONSIBILITIES
a. Coordination of Inspections:To increase efficiency and to ensure fire and building code
compliance, the City and WFD shall, to the extent possible, coordinate the scheduling
of fire protection inspections in conjunction with building inspections.
b. Communication: Both Parties shall maintain open lines of communication to address
questions, resolve conflicts, and share information related to inspections, plan reviews,
and code compliance.
c. Trainingand Education: The City and WFD may collaborate in providing training and
education opportunities to staff, contractors, and the public to promote awareness of
fire safety regulations, procedures and permitting.
5. TERM AND TERMINATION
a. Effective Date:This Agreement shall become effective on the date of the last signature
below and shall remain in effect unless otherwise terminated by either party pursuant
to Section 5(b) below.
b. Duration: This Agreement shall remain in effect until terminated by either Partywith at
least 90 days written notice to the other Party.
21
6. AMENDMENTS
The terms of this Agreement shall not be waived, altered, modified, supplemented, or
amended except by written instrument signed by both parties.
7. RESPONSIBLE PARTIES FOR ADMINISTRATION
The primary organizations and officials responsible for conducting the administrative
requirements of this Agreement are:
City of Woodburn: Melissa Gitt, Building Official
Woodburn Fire District: Jim Walker, Fire Chief
8. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement is intended or is to be deemed to create a partnership orjoint
venture between the parties. Both parties shall remain solely responsible for the
employment and direct supervision, scheduling, safety, and performance of its
employees while they are assigned to work under this Agreement. This responsibility
also includes, among other employer obligations, providing for workers compensation
coverage, payroll and wages, and associated benefits.
9. NON-PERFORMANCE
Neither party shall be held responsible for delay or failure to perform when such delay
or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy,
unusually severe weather, legal acts of public authorities, or delays or defaults caused
by public carriers, which cannot be reasonably foreseen or provided against. Either
party may terminate the agreement, effective with the giving of written notice, after
determining such delays or failure will reasonably prevent successful performance in
accordance with the terms of this agreement.
10. NONDISCRIMINATION
The parties agree to comply with all applicable requirements of Federal and State civil
rights and rehabilitation statutes, rules and regulations in the performance of this
agreement.
11. COMPLIANCE WITH APPLICABLE LAWS
The Parties agree that both shall comply with all Federal, State, and local laws and
ordinances applicable to the work to be done under this Agreement.
12. GOVERNING LAW
22
This Agreement shall be governed by and construed in accordance with the laws of the
State of Oregon.
13. INDEMNIFICATION
Each Party agrees to indemnify and hold harmless the other Party, its officers,
employees, and agents from any claims, damages, or liabilities arising out of their
respective actions under this Agreement, except to the extent caused by the
negligence orwillful misconduct of the other Party.
Each party shall insure or self-insure and be independently responsible for the risk of
its own liability for claims within the scope of the Oregon Tort Claims Act(ORS 30.260
to 30.300)
14. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties with respect to
the subject matter hereof and supersedes all prior agreements and understandings,
whether written or oral, between the Parties relating to the subject matter.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
duly authorized representatives as of the date first written below.
CITY OF WOODBURN
By:_
Name: Scott Derrickson
Title: City Manager
Date:
WOODBURN FIRE DISTRICT
By:_
Name: Jim Walker
Title: Fire Chief
Date:
23
Y ry 9W& Item
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P rop.�;;;rri resf A8'!R7
February 24, 2025
TO: Honorable Mayor and City Council (Acting as the Local Contract
Review Board)
FROM: Jim Row, Assistant City Administrator
Jesse Cuomo, Community Services Director
SUBJECT: Alternative Contracting Method (CM/GC) for Construction of the
Woodburn Community Center Project
RECOMMENDATION:
Hold a public hearing and following an opportunity for public input, approve a
resolution adopting findings in support of use of an alternative contracting method
in lieu of competitive bidding for the construction of the Woodburn Community
Center Project.
BACKGROUND:
Oregon Revised Statute (ORS) 279C.335 requires competitive bidding of public
improvement contracts unless a specific exemption applies. Under ORS
279C.335(2), a local contract review board (Woodburn City Council) may exempt
certain public improvement contracts from competitive bidding based on the
following:
a) The exemption is unlikely to encourage favoritism in awarding public
improvement contracts or substantially diminish competition for public
improvement contracts; and
b) Awarding a public improvement contract under the exemption will likely
result in substantial cost savings and other substantial benefits to the
contracting agency.
The traditional bidding method for contractor procurement is low-bid, which
primarily considers cost alone. However, an alternative contracting process may
be used that scores contractors based on weighted scoring criteria and cost.
Alternative contracting processes that weigh criteria other than just cost have
proven to be advantageous for the state and other local agencies on complex
Agenda Item Review: City Administrator_X City Attorney_X Finance_X_
24
Honorable Mayor and City Council
February 24, 2025
Page 2
capital projects, resulting in assurance that the overall project goals may be
considered and proposers evaluated on all criteria, not just cost. The highest
scoring proposer based on all evaluation criteria is then identified. The experience
from other local agencies is that this process has resulted in the selection of a
contractor with experience and capability to assure the overall success of the
project than would otherwise occur in a typical low bid scenario.
The Construction Manager/General Contractor (CM/GC) method is a modern
construction delivery method used by both public and private organizations. In the
CM/GC method, the Owner (i.e. the City) hires a Design and Engineering firm to
perform Building design of a project, and also hires a CM/GC contractor during the
design phase to provide construction expertise to the Owner and the design firm.
The Project Team is made up of Owner, Designer, and CM/GC. This Team continues
throughout the duration of the project.
The CM/GC contractor negotiates a Guaranteed Maximum Price (GMP) with the
owner for an agreed-upon scope of work, generally near the completion of design
development and construction document development. During construction, the
CM/GC contractor is responsible for self-performing an agreed percentage of the
work and subcontracts out the remaining work elements.
DISCUSSION:
With the project being delivered via the Construction Manager/General
Contractor (CM/GC) delivery method, it allows the contractor to be selected early
in the design process. This method of project delivery has many benefits, including
the potential for cost savings, improved quality control, schedule management
and flexibility.
Pursuant to ORS 279C.335(2)(b), the City has prepared findings that support use of
the CM/GC alternative contracting method and which consider the type, cost
and amount of the Contract and the necessary and applicable factors outlined in
ORS 279C.335(2)(b)(A-N).
Following adoption of findings supporting the alternative contracting method
exemption, the City expects a CM/GC contract award to come before the City
Council at the March 24th meeting.
25
Honorable Mayor and City Council
February 24, 2025
Page 3
FINANCIAL IMPACT:
The total cost of designing and constructing the revised community center project
is anticipated to be approximately $20 million. Available funding consists of $15
million in Oregon Lottery Bond Grant funds and $5 million in Parks & Recreation
SDCs. Sufficient funding exists in the FY 24/25 budget to initiate the detailed
architectural & engineering design process and the proposed FY 25/26 budget will
include the funding required to complete the design and construction of the
project.
26
COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
A RESOLUTION ADOPTING FINDINGS IN SUPPORT OF ALTERNATIVE CONTRACTING
METHOD IN LIEU OF COMPETITIVE BIDDING FOR THE CONSTRUCTION OF THE
WOODBURN COMMUNITY CENTER
WHEREAS, the Woodburn City Council acts as the local contract review
board for the City of Woodburn, and in that capacity has authority to exempt
certain contracts from the competitive bidding requirements of ORS Chapter
279C; and
WHEREAS, ORS Chapter 279C requires a competitive bidding process for
Public Improvement Contracts, unless a statutory exemption applies or an
individual contract has been exempted from the competitive bidding process in
accordance with ORS 279C.335;
WHEREAS, ORS 279C.335(2) provides a process for exempting certain
public improvement contracts from competitive bidding and authorizes the
selection of a contractor through an alternative to traditional competitive
bidding, pursuant to OAR 137-049-0130, -620, -640, and -690; and
WHEREAS, an alternative contracting method, known as the Construction
Manager/General Contractor ("CM/GC") allows public entities to
accommodate the various technical challenges of a project in a more flexible
and cost-effective approach than the normal competitive bidding process; and
WHEREAS, the findings ("Findings") in Exhibit A to this Resolution address
the criteria of ORS 279C.335(2) that permit a contract to be exempted from the
competitive bidding process; and
WHEREAS, notice of the City's intent to exempt the construction contract
for the Woodburn Community Center Project ("Project") from the competitive
bidding requirement of ORS 279C.335 was published 14 days before a public
hearing on this Resolution and a public hearing was held on February 24, 2025,
to receive comments on proposed findings supporting the exemption; NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Council adopts the Findings in Exhibit A to this
Resolution and hereby approves an exemption under ORS 279C.335(2) from
design-bid-build procurement method to allow use of a CM/GC competitive
Page 1 - COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
27
selection process and contracting method for the Woodburn Community
Center Project.
Section 2. Based upon the Findings, the City Council concludes that the
exemption of the construction contract for the Project from competitive
bidding, and the use of an alternative competitive selection method of
contracting, will promote competition, will not encourage favoritism, and is likely
to result in substantial cost savings and other substantial benefits to the City.
Approved as to Form:
City Attorney Date
APPROVED:
Frank Lonergan, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
28
EXHIBIT A
FINDINGS IN SUPPORT OF ALTERNATIVE CONTRACTING METHOD
I. Oregon Statutory Law.
Use of Alternative Contracting methods, such as Construction Manager/General
Contractor ("CM/GC"), is made possible under ORS Chapter 279C, which
permits certain contracts or classes of contracts to be exempt from competitive
public bidding under strict procedural safeguards. Like other alternative
contracting methods, CM/GC has significantly different legal requirements than
a typical design-bid-build project delivery method.
Oregon Revised Statute (ORS) 279C.335 requires competitive bidding of public
improvement contracts unless specifically exempted from competitive bidding.
Under ORS 279C.335(2), a local contract review board (Woodburn City Council,
in this instance) may exempt certain public improvement contracts from
competitive bidding based on the following:
a) The exemption is unlikely to encourage favoritism in awarding public
improvement contracts or substantially diminish competition for public
improvement contracts.
b) Awarding a public improvement contract under the exemption will likely
result in substantial cost savings and other substantial benefits to the
contracting agency.
For the reasons set forth more fully below, it is recommended that the contractor
for the Woodburn Community Center Project (the "Project") be selected by the
City utilizing a CM/GC competitive selection process.
II. CM/GC Project Delivery Method.
The Construction Manager/General Contractor (CM/GC) method is a modern
construction delivery method used by both public and private organizations. In
the CM/GC method, the Owner hires a Design and Engineering firm to perform
Building design of a project, and also hires a CM/GC contractor during the
design phase to provide construction expertise to the Owner and the design
firm. The Project Team is made up of Owner, Designer, and CM/GC. This Team
continues throughout the duration of the project.
The CM/GC contractor negotiates a Guaranteed Maximum Price (GMP) with
the owner for an agreed-upon scope of work, generally near the completion of
design. During construction, the CM/GC contractor is responsible for self-
Page 3 - COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
29
performing an agreed percentage of the work and subcontracts out the
remaining work elements.
III. Project Background.
At its January 27, 2025, meeting, the Woodburn City Council voted to move
forward with a revised plan for a Woodburn Community Center Project,
capitalizing on a $15 million grant awarded to Woodburn by the State of
Oregon. The City will supplement the State grant funding with an additional $5
million from Parks & Recreation System Development Charges (SDCs), for a total
project budget of $20 million. This funding will allow the City to use available
resources to upgrade the existing Aquatic Center and expand it to incorporate
essential community center features.
The Project includes a renovation of the existing aquatic center that adds
approximately 17,000 square feet, bringing the total facility size to roughly 32,000
square feet. Features of the new community center will include: (i) aquatic
center renovations; (ii) added event space; (iii) new fitness facilities, including
cardio and weight training spaces; (iv) improved locker rooms; (v) redesigned
entry and lobby; and (vi) expanded parking facility.
IV. Findings.
As used in ORS 279C.335, "findings" means the justification for a conclusion that
a contracting agency or state agency, in seeking an exemption from the
competitive bidding requirement of ORS 279C.335(1) (Competitive bidding
requirement), reaches based on the considerations set forth in ORS 279C.335(2).
Pursuant to ORS 279C.335(2), the following findings justify an exemption from
ORS 279C.335(1 ) for the procurement of a contract for the construction of the
Project.
a) The exemption is unlikely to encourage favoritism in awarding public
improvement contracts or substantially diminish competition for public
improvement contracts.
The City will award the contract through an open and advertised competitive
proposal process. The alternative procurement method is open to all interested
contractors, including those typically participating in the traditional low bid
procurement process.
Favoritism will not play a role in the selection of the contractor. Selection will be
conducted through an open and advertised Request for Proposal (RFP) process
Page 4- COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
30
and the evaluation criteria will be stated in the RFP. All qualified firms will be
invited to submit proposals.
The City of Woodburn advertised an RFP notice in the Daily Journal of
Commerce (DJC) Oregon in order to provide project solicitation information to
all interested contractors. Proposers will be evaluated based on clearly stated
criteria. A selection committee comprised of experienced City of Woodburn
staff will perform the evaluation, with written scoring based on the evaluation
criteria. There will be an opportunity for proposers to protest the scoring of
proposals per OAR 137-049-0450.
The contractor ultimately selected as CM/GC will be required to demonstrate
experience and expertise in providing CM/GC services to public and/or private
organizations. The CM/GC selection process is based on qualifications, with
price as factor. The fee is, however, less important than the overall qualifications
and specialized expertise of the selected CM/GC. The City will benefit by
acquiring a CM/GC that has established experience and specialized expertise
to manage this project. A low bid process does not provide an opportunity to
obtain the most qualified contractor with the specialized expertise needed for
the Project.
b) Awarding a public improvement contract under the exemption will likely
result in substantial cost savings and other substantial benefits to the
contracting agency.
The CM/GC process provides many benefits and opportunities for cost savings.
During the Preconstruction phase, the CM/GC will be evaluating the budget
and making suggestions for cost-saving changes and value enhancements.
System options and real-time cost estimates provided by the CM/GC
throughout the constructability review will aid the Project and allow the City to
make informed cost-benefit tradeoff. The CM/GC also identifies whether Project
sequencing is viable and design elements can be built as drawn.
The CM/GC will also be tasked with keeping the Project Team up-to-date on the
latest construction techniques and products. The CM/GC will inform the Project
Team of current market conditions, labor and materials availability, and
construction methodologies that can reduce design and construction time and
costs.
An area where CM/GC can also potentially provide a major benefit on projects
is in the avoidance of costly changes. Areas of uncertainty can be identified
early in the project and managed proactively through such measures as
additional investigation, and appropriate schedule or cost contingencies. These
factors combine to suggest that CM/GC will yield a lower total price at
Page 5 - COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
31
completion than the other methods on complex, schedule constrained projects
like these.
The CM/GC process also allows "fast track" construction to start while detailing
structures, interiors, and systems at the same time as awarding site work,
foundations, and long-lead items. Timing the market for the various aspects of
construction can result in cost savings and ultimately keeps the Project Team on
a schedule. These fast-track benefits are not available under the low bid
process.
In addition to the generalized findings above, the City also specifically
addresses the following factors from ORS 279C.335(2)(b)(A) - (N):
(A)How many persons are available to bid
A publicly advertised competitive proposal process is being utilized to solicit
interest from qualified contractors; granting the exemption does not decrease
the opportunity or ability for any qualified contractor to submit a proposal. There
are over ten firms in the region that are likely well qualified to do work on the
Project and have expressed interest in submitting a proposal on the project.
(B) The construction budget and the projected operating costs for the
completed public improvement
The construction phase for the Project is currently estimated to cost
approximately $16 million (with an additional $4 million budgeted for soft costs
such as design, permitting, fees, etc.). The construction budget will not be
adjusted due to the alternate bidding method. However, cost savings and
schedule acceleration may be identified by the contractor during the proposal
period, when utilizing the alternative solicitation method.
An operating budget has not been determined for the future Community
Center. Upon completion, ongoing operating costs will be included in the City's
Community Service's budget.
(C) Public benefits that may result from granting the exemption
When compared to the typical low bid method of project delivery, the CM/GC
method provides opportunities to expedite the schedule and improve overall
project quality, thereby reducing the overall impacts to the public during
construction.
(D)Whether value engineering techniques may decrease the cost of the
public improvement
Page 6 - COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
32
The traditional low-bidder method of contracting has no requirement or
incentive to value engineer the design. The contractor may identify value
engineering opportunities during the bidding process, however, the bidder
would not be incentivized to communicate those to the City. This approach
typically results in early and increased change orders, requiring fee baseline
increases, and results in a financial benefit to the contractor and/or delay to the
project. Either way, it is an increased risk to the City and often delays the
project.
In the CM/GC method, the relationship of the owner, construction contractor,
and designer fosters a team approach to target-value design. The contractor,
for example, can suggest ideas throughout the design development process.
Multiple options for high cost or high impact items, such as construction
methods, optimal material choices, and local design requirements can be
analyzed at various times during each project to evaluate initial construction
costs as well as life cycle costs and benefits.
(E) The cost and availability of specialized expertise that is necessary for the
public improvement
The selection of a contracting team with specialized expertise to construct the
Project, particularly elements of the natatorium, will increase the likelihood of the
project being completed on or ahead of schedule, and resulting in lower costs
and increased benefit to the community. The ability to consider expertise,
experience, and other factors in the contractor selection is integral to the
competitive proposal process, but is not part of the traditional low bid process.
(F) Any likely increase in public safety
The construction of the Project is very complex, requiring a contractor with
expertise to manage an array of challenges and maintain a safe work
environment for personnel and the public. The ability to maintain a safe work
zone typically takes oversight from a team of experienced and knowledgeable
contractor and subcontractors working in unison with good communication.
The ability to coordinate all the intricacies of the project would be especially
challenging to an inexperienced or narrowly focused team. This project is very
complicated and will require ongoing coordination with City of Woodburn staff,
subcontractors, emergency service providers, the community, inspectors, and
others. The community will be best served by a well experienced contractor
who has worked on projects of similar or greater complexity that require similar
levels of coordination and communication to a multitude of stakeholders.
Page 7 - COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
33
(G) Whether granting the exemption may reduce risks to the
contracting agency, the state agency or the public that are related to
the public improvement
The risks to the City in any construction project are the quality, cost, and
schedule of the work. The greatest reduction in risk comes by allowing the City
to consider critical elements of experience, schedule, and cost.
Because the CM/GC method of project delivery allows the City to select a
contractor based largely on staff qualifications and demonstrated success on
past projects, the City can reduce risk to the project by selecting a contractor
with demonstrated expertise.
(H) Whether granting the exemption will affect the sources of the funding for
the public improvement
Granting the exemption would have no effect on the project funding sources.
(i) Whether granting the exemption will better enable the contracting
agency to control the impact that market conditions may have on the
cost of and time necessary to complete the public improvement
All of the beneficial actions to be undertaken by the CM/GC will improve
design, expedite construction, and eliminate the potential for costly change
orders. The benefits of value engineering are not available with the low bid
process.
(J) Whether granting the exemption will better enable the contracting
agency to address the size and technical complexity of the public
improvement
Large Major Capital Projects like the Woodburn Community Center have
multiple technical complexities. Areas of technical complexity include:
• Pool mechanical equipment and systems
• Potentially complex permitting
• Control of the construction to limit concerns of neighboring building owners
• Unique construction with requirements for energy efficiency and
sustainability
With the CM/GC delivery method, contractors are selected based significantly
on qualifications. As the design is developed, the City and the Project will
benefit from qualified contractor input regarding complicated design,
construction and permitting issues. In addition, since each contractor is made
Page 8 - COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
34
aware of complicated technical issues during the design process, the risks are
better identified, understood, and managed.
(K) Whether the public improvement involves new construction or renovates
or remodels an existing structure
The Project consists of both new construction and renovation/rehabilitation of
the City's existing aquatic center facility.
(L) Whether the public improvement will be occupied or unoccupied during
construction
The Project site will be unoccupied during construction.
(M) Whether the public improvement will require a single phase of
construction work or multiple phases of construction work to address
specific project conditions
The Project will be advertised as one phase, however, respective contractors
may recommend the best approach or sequencing for executing the work.
(N)Whether the contracting agency or state agency has, or has retained
under contract, and will use contracting agency or state agency
personnel, consultants and legal counsel that have necessary expertise
and substantial experience in alternative contracting methods to assss in
developing the alternative contracting method that the contracting
agency or state agency will use to award the public improvement
contract and to help negotiate, administer and enforce the terms of the
public improvement contract.
The City will use City Staff, City Attorneys, and consultants to assist in developing
the proposed CM/GC contracting method and to help negotiate, administer
and enforce the terms of the pending public improvement contracts. Although
the City has not used the CM/GC competitive solicitation proposal type of
alternate contracting method for construction contracts before, City staff has
experience in soliciting and negotiating engineering services contracts through
the use of RFPs, and alternative solicitation methods of RFQ/RFP. City Staff also
investigated use of the CM/GC solicitation methodology used by other local
agencies. This approach has a track record of being highly successful for use on
complex projects such as the Community Center Project.
V. Public Hearing.
Page 9 - COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
35
In accordance with ORS 279C.335(5), the City published the required notice of
public hearing on February 10, 2025, and the hearing was held on February 24,
2025. At the hearing, interested parties had the opportunity to appear and
present comments.
VI. Summary.
After careful consideration, the Woodburn City Council, acting as the local
contract review board, has found the Alternative Contracting Method for
CM/GC more appropriate than a traditional design-bid-build process to meet
the overall project objectives for the Woodburn Community Center Project.
The CM/GC process offers the best opportunity for successfully managing a
large, complex construction project on a budget and on time.
Page 10- COUNCIL BILL NO. 3273
RESOLUTION NO. 2245
36
Y ry 9W& Item
B V'
P ri,a�<;rrt rr rf aA'!R7
February 24, 2025
TO: Honorable Mayor and City Council
FROM: Jim Row, Assistant City Administrator
Jesse Cuomo, Community Services Director
SUBJECT: Award Personal Service Agreement to Opsis Architecture LLP
RECOMMENDATION:
Authorize the City Administrator to enter into a Personal Services Agreement with
Opsis Architecture LLP in the amount of $2,390,258.00 plus reimbursable expenses
estimated to be $46,868 to provide complete architectural & engineering design
services, including construction administration and closeout work for the
Community Center Project.
BACKGROUND:
Immediately following the November 2024 election and the defeat of the $40
million community center bond measure, staff requested approval from the state
for a modification to the community center project budget that would reduce the
cost from approximately $60 million to $20 million. In mid-January, the state
informed the City that its requested budget modification had been approved.
With the $15 million grant and $5 million in Parks & Recreation System Development
Charges (SDCs) on hand, a reduced scope project is now fully funded. On January
27, the City Council authorized the City to begin the community center redesign
effort.
The revised project will include a renovation of the existing aquatic center that will
add approximately 17,000 square feet, bringing the total facility size to roughly
32,000 square feet. While the revised project would not include many of the
features originally envisioned, such as the warm water recreation pool, partner
space and two court gymnasium with walk/ jog track, the modified facility would
still include many of the amenities the City Council, Woodburn residents and
members of the Citizens Advisory Committee desired. While further design
refinement is required to determine the community center's exact layout, key
features of the revised project are expected to include:
Agenda Item Review: City Administrator_X City Attorney_X Finance_X_
37
Honorable Mayor and City Council
February 24, 2025
Page 2
• 3,000 Square Foot Dividable Event Space: Equipped with a fully functional
commercial/ teaching kitchen to support instructional, catering and food
service needs. This versatile space will accommodate a variety of multi-
generational programs for youth, adults, and seniors, as well as cultural
celebrations, large community events and meetings.
Fitness Facilities: The new fitness facilities will feature a variety of equipment
for both individual cardio and weight workouts, and dedicated fitness
classroom space for group fitness programs.
Locker Rooms: New locker rooms will be designed to improve accessibility
and accommodate the increased usage the expanded facility will
experience.
Reception Area and Lobby: A redesigned reception area and lobby will
improve accessibility and provide a more functional entryway for visitors.
Expanded Parking Lot: A larger parking lot will be constructed, featuring EV
chargers, enhanced accessibility, and increased capacity to support the
expanded facility's diverse uses.
Aquatic Center Upgrades: The existing aquatic center will undergo
significant upgrades, including structural repairs and equipment
replacement. These improvements will extend the center's lifespan for
decades, ensure compliance with modern safety standards, enhance
accessibility and enable it to support a wide range of aquatic programs and
services.
Designed for Expansion: The facility will be designed with growth in mind,
including the potential to incorporate a gymnasium as additional funding
becomes available in the future.
DISCUSSION:
The conceptual redesign work will be completed in early March, at which point
the full architectural & engineering effort will begin in earnest. This next phase of
work included Design Development, Construction Documentation, Construction
Administration and Project Closeout components. The design work will include all
of the necessary specialties, including building & landscape architecture, civil,
structural, mechanical, and electrical engineering. In addition to designing the
38
Honorable Mayor and City Council
February 24, 2025
Page 3
major building components, the design team will address supplemental systems
required for the complete design package, including building security, data/
communications, audio-visual, lighting, etc.
This project is going to be delivered via the Construction Manager/ General
Contractor (CM/GC) delivery method, which allows the contractor to be selected
early in the design process. The method of project delivery has many benefits,
including the potential for cost savings, improved quality control, schedule
management and flexibility. We expect a CM/GC contract award to come
before the City Council at the March 24 meeting.
The anticipated project timeline is as follows:
• February 2025: Update programming, concept design, and detailed cost
estimate. Assemble RFP for Construction Manager/ General Contractor
(CMGC) contractor solicitation.
• Spring 2025: Complete Design Development phase of work. Select CMGC
contractor.
• Summer-Fall 2025: Complete Construction Documents.
• Fall 2025: Secure permits and conduct project bidding.
• Fall 2025-Winter 2027: Complete Construction.
• Winter 2027: Grand Opening.
FINANCIAL IMPACT:
The total cost of designing and constructing the revised community center project
is anticipated to be approximately $20 million. Available funding consists of $15
million in Oregon Lottery Bond Grant funds and $5 million in Parks & Recreation
SDCs. Sufficient funding exists in the FY 24/25 budget to initiate the detailed
architectural & engineering design process and the proposed FY 25/26 budget will
include the funding required to complete the design and construction of the
project.
39
0 ��pslls
February 18,2025
Mr.Jim Row
Public Works Director
City of Woodburn
190 Garfield Street
Woodburn, OR 97071
Reference: Opsis Project No.4733-06
Proposal for Professional Services for Woodburn Community Center Project, DD-CA
Dear Jim,
This letter represents the Opsis Architecture (hereby Opsis) fee proposal to provide Architectural design
development through construction administration services including closeout activities for the
Woodburn Community Center project. The work included within this proposal will build on the reduced
program and concept redesign work occurring in February 202S, that includes renovation of the existing
natatorium at the aquatic center, a community and recreation addition, and approximately IS acres of
site improvements as further described below.
SCOPE OF SERVICES
Scope of Work
With an estimated construction budget of$16 million,the project will renovate and expand the
Woodburn Aquatic Center by adding 16,000-18,000 square feet, bringing the facility size to
approximately 31,000-33,000 square feet. Our current understanding of project scope boundaries are
further described on Attachment C, Boundary Exhibits. The project will add a new dividable event space,
commercial kitchen, cardio,weights and group fitness facilities, locker rooms, reception area, and staff
offices. The existing aquatic center will be upgraded. Site improvements include parking, pedestrian
pathways, general landscaping, retention of existing tennis courts, entry plaza and potentially a play area.
The facility will be designed with growth in mind, including the potential to incorporate a gymnasium as
additional funding becomes available in the future. The design team will collaborate with the city and its
stakeholders and the CMGC to design a facility that aligns with the budget.
Key features of the expanded facility include.
• Dividable Event Space: Equipped with a fully functional commercial/teaching kitchen to
support instructional, catering and food service needs.This versatile space will accommodate a
variety of multi-generational programs foryouth, adults, and seniors, as well as cultural
celebrations, large community events and meetings.
• Fitness Facilities: The new fitness facilities will feature a variety of equipment and dedicated
spaces for both individual cardio and weight workouts, in addition to group fitness programs.
Op,Jk,Ar„;ppi(K.clawe LII.P 975 SE Main Street o 503.525.9511 e info(oopsisarch.com
Architecture,Interiors&Planning Portland,OR 97214 t 503.525.0440 w opsisarch.com
40
4733-06 Woodburn Community Center,DD-CA February 18,2025
P roposa I to J i m Row
• Locker Rooms: New locker rooms will be designed to improve accessibility and accommodate
the increased usage the expanded facility will experience.
• Reception Area and Lobby: A redesigned reception area and lobby will improve accessibility
and provide a more functional entryway for visitors.
• Expanded Parking Lot: A larger parking lot will be constructed, featuring EV chargers,
enhanced accessibility, and increased capacity to support the expanded facility's diverse uses.
• Aquatic Center Upgrades: The existing aquatic center will undergo significant upgrades,
including structural repairs and equipment replacement.These improvements will extend the
center's lifespan for decades, ensure compliance with modern safety standards, enhance
accessibility and enable it to support a wide range of aquatic programs and services. Work will
include a new spa on the existing deck.
Task 1: Design Development
Tasks
• Architectural Design-Services consisting of continued development and expansion of architectural
Conceptual Design Documents to establish the final scope, relationships,forms,size,and appearance of
the project through plans,sections and elevations,typical construction details, materials selections and
equipment layouts.
• Structural Design-Services include superstructure design including foundations and gravity and
lateral force resisting systems. Work includes secondary structure and architectural element design
including canopy structures, guardrails, handrails, roof tie-offs, ceiling structures, interior partition walls
and signage support.
• Mechanical Design-Services consisting of development of HVAC and plumbing documents and
specifications or materials lists to establish approximate equipment sizes and capacities, preliminary
equipment layouts, required space for equipment,chases and clearances, acoustical and vibration
control,visual impacts and energy conservation measures.
• Electrical Design-Services consisting of development of electrical documents and specifications or
materials lists to establish criteria for lighting, electrical and communication raceways,approximate
sizes and capacities of major components, preliminary equipment layouts, required space for
equipment, chases, and clearances.
• Reviewing and updating schedule for decision-making, design, and documentation.
• Specifications-Services consisting of preparation for agency's approval of proposed General Conditions
of the Contract for construction. Production of design manual including design criteria, and outline
specifications of material lists.
• Participate in one round of consolidated owner design review comments based on the 100% Design
Development Documents.
• CMGC Process:
o Coordinate with CMGC Contractor in the development of construction schedule and project
delivery.
o Review updated Construction Cost Estimates as prepared by the CMGC Contractor.
o Participate in identification of cost opportunities and development of Value Engineering
Options with the CMGC Contractor.
Meetings:
• Weekly OAC/DD meetings [virtual]
0 2-3 Design focused meetings [1-2 in person]
• Early Assistance Meeting with the city of Woodburn [Early April]
Deliverables:
• 60% Design Development Documents Issuance (Including Documents and Specifications)
• 100% Design Development Documents Issuance (Including Documents and Specifications)
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• Construction Cost Estimate based on the 100% Design Development documents (reference
Supplemental Services below)
Task 2: Construction Documents
Tasks
• Architectural Design-Services consisting of preparation of drawings based on approved Design
Development Documents setting forth in detail the architectural construction requirements for the
project.
• Structural Design-Services consisting of preparation of final structural engineering calculations,
drawings and specifications based on approved Design Development Documentation,setting forth in
detail the structural construction requirements for the project.
• Mechanical Design-Services consisting of preparation of final mechanical engineering calculations,
drawings and specifications based on approved Design Development Documentation,setting forth in
detail the mechanical construction requirements for the project.
• Electrical Design-Services consisting of preparation of final electrical engineering calculations,
drawings and specifications based on approved Design Development Documentation,setting forth in
detail the electrical construction requirements for the project.
• Specifications-Services consisting of activities of development and preparation of bidding documents,
General Requirements, architectural specifications, coordination of specifications prepared by other
disciplines, and compilation of project manual.
• Review and update previously established schedules for the project.
• Participate in one round of consolidated owner design review comments based on the SO%
Construction Documents,and one round of consolidated owner design review comments based on the
100% Construction Documents.
• CMGC Process:
o Coordinate with CMGC Contractor in the refinement of construction schedule and project
delivery.
o Review updated Construction Cost Estimates as prepared by the CMGC Contractor
o Participate in identification of cost opportunities and development of Value Engineering
Options with the CMGC Contractor.
Meetings:
• Weekly OAC/CD meetings [virtual]
0 2-3 Design focused meetings [1-2 in person]
• Land Use Meeting with the city of Woodburn
Deliverables:
• SO% Construction Documents Issuance (Including Documents and Specifications)
• 100% Bid/Permit Construction Documents Issuance (Including Documents and Specifications, includes
all required demolition plans)
Task 3: Bidding and Permitting (CMGC Delivery Method)
Tasks
• Services consisting of preparation of Addenda as required during bidding and including supplementary
drawings and specifications.
• Services consisting of participation in pre-bid conferences, responses to questions from bidders, and
clarification or interpretations of the bidding documents.
• Services consisting of consideration,analysis, comparisons, and recommendations relative to
substitutions proposed by bidders during the bidding process.
• Preparation of drawings and specifications incorporating any changes made during the bidding and
permitting process.
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Deliverables:
• Issue for Construction Documents (IFC) (Including Documents and Specifications)
Meetings
• Weekly OAC Meetings
Task 4: Construction Administration
• Services consisting of construction contract administrative functions including consultation,
conferences, communications, and progress reports.
• Coordination between architectural work and the work of engineering and other consultants involved
with the project. Reviewing and checking of documents (required submittals) prepared for the project.
• Services relating to applicable laws,statues, regulations,and codes of regulating entities relating to the
agency's interests during construction of the project.
• Services consisting of processing of submittals, including receipt, review of and appropriate action on
shop drawings, product data,samples and other submittals required by the contract documents.
Distribution of submittals to agency, contractor, and field representatives as required.
• Services consisting of visits to the site at intervals appropriate to the stage of construction or as
otherwise agreed to become generally familiar with the progress and quality of the work and to
determine in general if the work is proceeding in accordance with the contract documents and
preparing related reports and communications. Contractor to chair project meetings and prepare
meeting minutes.
• Services consisting of preparation, reproduction and distribution of clarification documents and
interpretations in response to requests for clarification by contractors or the user agency. Maintenance
of records and coordination of communications relative to requests for clarification or information (RFI).
Preparation, reproduction and distribution of drawings and specifications to describe work to be added,
deleted or modified, review of proposals, review and recommend changes in time for substantial
completion,assisting in the preparation of modifications of the contracts and coordination of
communications, approvals, notifications,and record-keeping relative to changes in the work.
Additional fees for changes to the scope of a project shall be negotiated.
• Services consisting of monitoring the progress of the contractors relative to established schedules and
making status reports to the user agency.
• Services consisting of maintenance of records of payments on account of the contract and all changes
thereto, evaluation of applications for payment and certification thereof, and review and evaluation of
cost data submitted by the contractors for work performed.
Meetings
• Weekly OAC Meetings
Task 5: Closeout
• Preparation of record drawings based on contractor's field drawings.
• Warranty site visit after 10-11 months of occupancy by mechanical and electrical engineers.
• Civil team will provide updated version of storm system O&M plan for owner's maintenance staff
including a virtual 1-hour training/walkthrough of storm system and O&M plan.
SUPPLEMENTAL SERVICES
Tasks
• Civil-Services consisting of site design including layout of site features, building position, preliminary
grading, location of paving for walkways, driveways,and parking. KPFF will develop storm drainage
strategy and integrate vegetated stormwater management facilities, provide an erosion control plan,
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utility plans, under slab/foundation drainage plans,and specifications for the civil portions of work.
Scope includes storm drainage design for parking lot locations and street improvements including ADA
crossings and drainage, if required for final project design.
o Deliverable: Drawings and specifications included in milestone document packages.
• Landscape- Lango Hanson will provide design and documentation including specifications for all at-
grade pedestrian improvements including landscape areas, entry plazas, pedestrian walkways, planting,
site furnishings, and seated areas. Scope includes planting and irrigation within the frontage, as
necessary.
o Deliverable: Drawings and specifications included in milestone document packages.
• Aquatics Design:Services consisting of drawings and specifications for pool renovation and new spa
including the following.
o Provide Design Development and Construction drawings for the pools and spa.
■ Pool drawings include plans,sections, pool deck equipment plan,details and pool
mechanical room plan and sections.
■ Spa drawings include plans,sections, details, piping plan, and spa mechanical room
details.
o Provide plans and elevation of spa filer room and chemical rooms.
o Structural design of the spa shell includes spa floor slab,walls, and movement joints, if any.
o Electrical design of the spa equipment.
o Mechanical design for the spa water heating system.
o Assistance in development of probable construction costs and value engineering if required for
the swimming pools and spa.
o Full Mechanical Room Renovation for the competition and wading pools. Includes construction
documents for demolition of existing conditions and renovation of the pump &VFD, filter
system, chemical controller, chlorine and pH buffer storage and feed systems,water level
controller, UV system, heater, and piping systems.
o Deliverable: Drawings and specifications for swimming pool and spa included in milestone
document packages.
• Interior Design:Services consisting of detailed interior space planning, interior design concept
development,finishes and materials selection and documentation, and development and
documentation of custom interior features.
• Building Code Signage: Services consisting of ADA and IBC Code required signage at various room
types including tactile messages,egress signage,and evacuation route template
• Wayfinding Design: Scope includes the following.
o Site Identity- One freestanding monument sign at N. Front Street or Oak Street
o Building Identity- Building address, building-mounted name signage, building name at entry
glass
o Vehicular Wayfinding-directional sign, regulatory signs, amenity identification and special area
identity.
o Interior Wayfinding-directories, directional signs, amenity identification, and special area
identity.
o Behavior Signs- may include building hours, no smoking, exit only,staff only,fitness room rules,
restroom conduct, etc.
• Graphics Signage: Scope includes graphic wall signage at up to two (2) locations.
• Food Service:Services consisting of the design and documentation of the commercial kitchen to
support facility events including drawings,development of related food service specifications, and a
food service cost estimate.
o Deliverable: Food Service drawings included in overall milestone document packages
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• Building Code-Supplemental:Additional fire life safety and accessibility reviews at design
development and construction documents phases to establish compliance framework and streamline
code compliance and documentation for the project.Any required Alternative Means and Methods are
excluded from this scope of work.
o Comments will be in the format of PDF markup of milestone drawing sets
• Cost Estimating-Detailed quantity take-offs and cost estimating for architectural, landscape, civil,
electrical, mechanical,and structural portions of the work, including one round of reconciliation, update
to risk register, estimate update, and final reconciliation report. Evaluation of alternates or options is
excluded.
o Deliverables: One (1) Construction Cost Estimate based on 100% Design Development
Documents, risk register,final reconciliation report and reconciled cost estimate.
• Fire Sprinkler/Alarm: Services consisting of the development of performance-based specifications of
the Fire Protection Sprinkler Service and Fire Detection and Alarm Services and subsequent project
conformance review of contractor design.
o Deliverable: Performance specifications included in milestone document packages.
• Data/Communications: Services consisting of the design and development of final data/
telecommunications system design drawings and specifications. Drawings will indicate outlet
locations, rack information, cabling, and grounding systems. Performance specifications will be
provided for distributed antenna system.
o Deliverable: Drawings and specifications included in milestone document packages.
• Audio/Visual-Services consisting of the design and development of final AV systems drawings and
specifications. This design scope includes infrastructure and distribution required to route audio and
video signals to projection and display systems within each required space;specifically A-V equipment
racks, projector locations and distribution,A-V floor boxes and outlets, loudspeaker locations, and
amplification,sound reinforcement equipment and systems control integration.
o Deliverable: Drawings and specifications included in milestone document packages.
• Lighting:Services consisting of interior and exterior lighting design and preparation of final lighting
schedule, cutsheets, drawings, and lighting compliance calculations for final layout. Scope includes
lighting in parking lot areas.
o Deliverable: Drawings and specifications included in milestone document packages.
• GET/PV Design : Design of a photo-voltaic system to comply with the state requirement for Green
Energy Technology.
o Deliverable: Drawings and specifications included in milestone document packages.
• Building Security: Services consisting of the design and preparation of building security systems
drawings and specifications including electronic access control entry system, intrusion detection
systems,and video surveillance systems using IP or analog video and digital recording.
o Deliverable: Drawings and specifications included in milestone document packages.
• Energy Trust of Oregon (ETO) Design/Documentation: Early Design assistance meeting facilitated by
ETO to establish baseline incentives, including required documentation of charette and coordination of
incentives.
o Deliverable: ETO Early Design Assistance Meeting Minutes
• Energy Consulting/Modeling- Services consisting of energy analysis including:
o Provide energy analysis to meet ETO requirements.
o Review design documents and identify energy conservation measures (ECMs).
o Develop a baseline building energy model using Oregon Energy Code (ASHRAE 90.1-2022)
o Provide a Whole Building/Path to Net Zero (PTNZ) model of the proposed building.
o Provide energy-efficient design input to design team.
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o Document modeling results using ETO Whole Building and PTNZ spreadsheet calculators.
o Respond to ETO review comments.
o Deliverable: Energy Analysis Report& ETO incentive submittal forms
OPTIONAL SERVICES
The following services are provided foryour consideration and are currently not included in the overall
project fee as outlined on Exhibit B, Fee Summary.
Tasks
• Settelmeyer Park Master Plan- Lango Hansen will work with the city's Community Services and Parks
and Facilities Maintenance Division to develop a master plan for Settelmeyer Park. Scope includes an
initial programming meeting with the city to better understand the designed program elements,
parking needs and general information on the park development. Based on this information, Lango
Hansen will provide two site plan options for discussion with the city. Final feedback will be
incorporated into a single master plan drawing with notations and a high-level estimate of costs.
• Additional Graphics Signage: Scope includes graphic wall signage at up to 2 additional locations
• Daylight Modeling: Utilize daylight modeling program to provide daylighting design verification,
including feedback and effectiveness of window and skylight placement and properties as well as
architectural color choices.
o Deliverable: Daylight Analysis Report
EXCLUDED SERVICES
The following services are excluded from the contract sum amount:
• Commissioning
• Building Envelope Consulting
• Acoustics Consulting
• Building paging system and wireless master clock design
• Renderings (by3rd Party)
• LEED Documentation
• Life Cycle Cost Analysis
• Multiple Bid Packages (Including, but not limited to separate demolition package)
Assumptions and Clarifications
• No building orsiteworkwill occur in the flood zone.
• A variance can be obtained for floor inlets at the existing pool. Replacement is not included in the
current scope of work.
• A geotechnical report is needed to determine if an under-drain pump system will be required to
remove spa subsurface water. Pump design is currently not included in the scope of work.
• The landscape and civil scopes of work are still being developed as part of the Concept Design Refresh,
which is currently underway. If site work exceeds the project boundary shown on Exhibit C, Boundary
Exhibits in scope and complexity including exploration of Oak Street Improvements and additional
parking lot to the north of Oak Street without reduction in scope elsewhere on the site,some additional
design fee will be requested to complete future project phases.
Section 179D Allocation
Opsis intends to apply for tax benefits pursuant to Section 179D of the Internal Revenue Code.As a tax-
exempt entity, the City of Woodburn acknowledges that it is not eligible to claim the tax deduction.
Accordingly, the City agrees to authorize the allocation of the Section 179D energy-efficient commercial
building deduction to Opsis, the project designer.The City further agrees to execute all necessary
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documentation, including the required allocation statement, upon project completion in the year in
which the project is placed into service.
Schedule
Our estimated timeline for completing this effort is as follows. Refer to Exhibit A, Design Schedule for our
current understanding of the design portions of the schedule.
Task]: Design Development March 3,2025- May 2,2025
Task 2: Construction Documents May 5,2025-September 5, 2025
Task 3: Bidding and permitting September 8, 2025 -October 17, 2025
Task 4: Construction Administration November 3, 2025-January 2027
Task 5: Closeout Complete by January 2028
Fee
We propose a fixed fee for services as per Exhibit B, Fee Summary.
Consultants
Structural Engineer KPFF
Civil Engineer KPFF
MEP Engineer Interface
Landscape Architect Lango Hansen
Aquatics Counsilman-Hunsaker
Food Service Halliday&Associates
Signage/Wayfinding/Graphics Mayer Reed
Code Consulting Jensen Hughes
Cost Estimating DCW
Specifications MTA
Reimbursables
Reimbursables are additional and include expenses incurred by Opsis and Consultants directly related to
the project such as transportation, printing, deliveries, and other similar project-related costs.A 10% fee is
applied to reimbursable expenses for processing.
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Invoicing
Invoices will be rendered once a month based on tasks completed, consultant fees, and reimbursable
expenses incurred. Payments are due and payable upon presentation.
Please feel free to call me if you have any questions. We look forward to our continued work with you on
the Woodburn Community Center project.
Sincerely,
Chris Roberts AIA,NCARB
Principal, Opsis Architecture LLP
Enclosures:
Exhibit A, Design Schedule
Exhibit B, Fee Summary
Exhibit C, Boundary Exhibits
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Basic Services
Architectural Opsis 198,180 375,240 23,760 347,100 18,300 $962,580, 6.02%
Arch-Specs MTA 11,470 27,750 3,330 1,665 - $44,215 0.28%
Structural KPFF 35,200 74,800 6,600 40,700 3,850 $161,150 1.01%
Mech/Plumbing Interface 74,250 100,980 5,940 80,190 8,910 $270,270: 1.69%
Electrical Interface 57,750 78,540 4,620 62,370 6,930 $210,210, 1.31%
Sub Total $ 376,850 $ 657,310 $44,250 $ 532,025 $ 37,990 $ 1,648,425 10.30%
Supplemental Services DD CD P/B CA CO
Interior Design Opsis 15,000 30,000 - 25,000 - $70,000: 0.44%
ETO Design/Documentation Interface 18,700 8,800 - - - $27,500 0.17% 60% back on energy modeling (-12,000)
PV Design Interface 2,200 3,300 - 1,100 - $6,600: 0.04% 13% Required by Oregon Green Energy Technology
Civil KPFF 26,400 46,200 9,900 16,500 2,200 $101,200, 0.63%
Landscape Lango Hansen 23,980 32,010 1,100 8,030 1,100 $66,220: 0.41%
Aquatics Design Counsilman Hunsaker 45,981 57,477 24,633 36,128 2,530 $166,749, 1.04%
Fire Life Safety Interface S'S00 7,480 - 5,940 660 $19,580: 0.12%
Data/Telecom (design) Interface 5,060 6,930 - 6,710 - $18,700, 0.12%
Building Security (design) Interface 4,180 5,720 - S'S00 - $15,400; 0.10%
Audio/Visual Interface 5,390 7,370 - 7,040 - $19,800 0.12%
Lighting Interface 11,550 15,840 - 15,510 - $42,900, 0.27%
Sig nage/Wayfinding/Graphics Mayer/Reed 22,000 44,SSO 1,100 19,250 - $86,900: 0.54%
Food Service/ Kitchen Halliday Associates 3,850 7,095 385 4,015 1,155 $16,500 0.10%
Bldg Code - Supplemental Jensen Hughes 9,240 8,800 4,620 - - $22,660: 0.14%
Cost Estimating DCW 14,256 - - - - $14,256, 0.09% DID Cost Estimate only
Sub Total $ 213,287 $ 281,572 $ 41,738 $ 150,723 $ 7,645 $ 694,965 4.34%
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Settelmeyer Park Master Plan Lango Hanson $13,420
Additional Graphics Signage Mayer/Reed $22,000
Daylight Modeling (Pool) Interface $19,800
Daylight Modeling (Addition) Opsis $8,000
Clarifications
- With the exception of MTA, consultant totals above include a 10% markup.
Architecture, Interiors and Planning
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QBURN
P rop.�;:;rrreef A$'!R7
February 24, 2025
TO: Honorable Mayor and Council through City Administrator
FROM: Anthony Turley, Finance Director
SUBJECT: FY 2024-25 Supplemental Budget Request
RECOMMENDATION:
Adopt Resolution No. 2246 authorizing an increase in revenue of $690,000, a
transfer of $70,000 from contingency, and a $760,000 spending appropriation
increase in the Building Fund.
BACKGROUND:
Every year after Council's budget adoption, circumstances arise that were
either unforeseen, unquantifiable, or discovered as errors. Oregon Budget Law,
ORS 294.471 (1), provides for changes to adopted budgets through a transfer
resolution or supplemental budget process that notices the proposed changes.
Contingency transfers in excess of 15 percent of any fund's total
appropriations, or supplemental budget changes in excess of 10 percent of
any fund's total expenditures, require a public hearing to accept public
testimony on the item under consideration.
Like the adopted budget, supplemental budget requests must be balanced;
in other words, net revenue and net expense for the request must be equal.
This can be accomplished by budgeting additional revenue or by reducing
another expenditure category (such as contingencies).
DISCUSSION:
This supplemental budget adjustment to the Building Fund is necessary to
address the increase in residential permit activity above and beyond what was
budgeted by Staff. This increase in revenue has increased in the building permit
and plan check fee's, which impacts the construction excise tax (CET) and
State Surcharge collected on all residential developments. Staff anticipate an
increase of $600,000 in CET and $90,000 in State Surcharge, over the current
budget.
Additionally, with the approval of the New Intergovernmental Agreement with
the Woodburn Fire District, a new expense ledger is added to transfer 30% of
the Fire Life Safety Plan Review fee to the Woodburn Fire District, in support of
Agenda Item Review: City Administrator_x City Attorney x_Finance _x
53
Honorable Mayor and City Council
February 24, 2025
Page 2
the new full time Fire Marshal Position. The impact on the City's Building
Inspection Fund is expected to be approximately $70,000 annually.
Because the proposed appropriation increase is less than 10 percent of fund
expenditures, and the transfer from contingency is less than 15percent, no
public hearing is required.
FINANCIAL IMPACT:
If approved, the proposed adjustment includes authorizing $760,000 in
appropriation authority to operating expenses in the Building Fund.
Specifically, the following changes will be made:
SUMMARY OF PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED
Building Fund-123
Resource Original Change Revised Requirement Original Change Revised
1 Beg.Fund Balance 8,536,540 8,536,5401 Operating Expenses 2,354,780 760,000 3,114,780
2 Revenues 2,882,000 690,000 3,572,000 Transfers Out 420,000 420,000
Contingency&Reserves 8,643,760 (70,000) 8,573,760
Revised Total Fund Resources 12,108,540 Revised Total Fund Requirements 12,108,540
Comments:To account for increased pass through revenues for State Surcharge and Construction Excise Tax from permit activity,and new Fire Department
allocation of Fire Plan Reviewfees.
54
COUNCIL BILL NO. 3274
RESOLUTION NO. 2246
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET AND MAKING APPROPRIATIONS
FOR THE BUILDING FUND FOR FY 2024-25 TO ACCOUNT FOR INCREASED PASS-THROUGH
REVENUES FROM PERMIT ACTIVITY; AND AUTHORIZING TRANSFER OUT OF THE BUILDING
FUND CONTINGENCY & RESERVES FOR FIRE DEPARTMENT ALLOCATION OF FIRE PLAN
REVIEW FEES
WHEREAS, on June 10, 2024, the Woodburn City Council approved
Resolution No. 2232 adopting a budget for the fiscal year 2024-2025, wherein
funds were appropriated; and
WHEREAS, ORS 294.463(3) permits "transfers of appropriation or of
appropriations and an equal amount of budget resources may be made
between funds of the municipal corporation when authorized by ordinance or
resolution of the governing body"; and
WHEREAS, ORS 294.471 (1 )(a) permits supplemental budgets when "an
occurrence or condition which has not been ascertained at the time of the
preparation of a budget for the current year or current budget period which
requires a change in financial planning"; and
WHEREAS, ORS 294.473 requires a governing body to hold a public hearing
on a supplemental budget when the estimated expenditures contained in the
supplemental budget for fiscal year or budget period differ by ten (10) percent
or more of any one of the individual funds contained in the regular budget for
that fiscal year; and
WHEREAS, no public hearing was required for this supplemental budget
because the estimated expenditures contained in it are less than the threshold
amount specified by ORS 294.473(a)(a); NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That pursuant to the applicable ORS provisions cited above,
the City Council hereby adopts the recommendation in the staff report attached
and incorporated by reference herein, to approve the transfers of appropriations
and supplemental budget for FY 2024-25 in the amounts shown in the summary
below:
Page 1 - COUNCIL BILL NO. 3274
RESOLUTION NO. 2246
55
SUMMARY of PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REMISED TOTALS MN THOSE FUNDS BE.IN6 MODIFIED
Bu0ding Fund-123
Resource original Change (Revised Requirement original Change Revised
1 Beg,Fund Balance 8,536,540 8,536,5401 Operating Expenses 2,354,780 760,000 3,114,780
2 RevenUes 2,882,000 500,000 3,572,000 Transfers Out 420,000 420,000
Contingency&Reserves 8,,643,760 Q70,000) 8,573,760
Revised Total Fund Resources 12,108,54C} Revised Totally Fund Requirements 72,108,540
Comments:To accoun t,for increased pass through revenues for State Surcharge and f:onstraction Excise Fax from permit activity,and new Fire Gepcnnnent
allocatfion of Fire Phan Review fees.
Approved as to form:
City Attorney Date
Approved:
Frank Lonergan, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson City Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO. 3274
RESOLUTION NO. 2246
56