HomeMy WebLinkAboutMWMC Agenda Packet
THE FULL PACKET IS POSTED ON THE WEBSITE
www.mwmcpartners.org
MWMC MEETING AGENDA
Friday, July 9th, 2021 7:30 AM – 9:30 AM (PDT)
The MWMC Meeting will be held remotely via computer or phone.
To join the meeting by phone dial: 877-853-5247; Access Code: 649 567 0749
7:30 – 7:35 I. ROLL CALL
7:35 – 7:40 II. CONSENT CALENDAR
a. MWMC 6/11/21 Minutes
Action Requested: By motion, approve the Consent Calendar
7:40 – 7:45 III. PUBLIC COMMENT: Public comment can be submitted by email to
jbrennan@springfield-or.gov or by phone 541-726-3694 by 5 PM July 8th, 2021 or made
at the meeting. All public comments need to include your full name, address, if you are
representing yourself or an organization (name of organization), and topic.
7:45 – 8:05 IV. ADMINISTRATIVE & OPERATIONS BUILDING UPGRADES P80104 UPDATE………….
………………………………………………………………….………Mark Van Eeckhout
Action Requested: Approve, by motion, Resolution 21-06
8:05 – 8:35 V. BIOCYCLE FARM MU3 HARVEST CONTRACTING………………………...…Todd Miller
Action Requested: Approve, by motion, Resolutions 21-07 and 21-08
8:35 – 8:50 VI. CREDIT PROGRAM MANAGER CONTRACT AMENDMENT………………….Todd Miller
Action Requested: Informational and Discussion
8:50 – 9:10 VII. NPDES PERMIT UPDATE…………………………..……Todd Miller and Bryan Robinson
Action Requested: Informational and Discussion
9:10 – 9:30 VIII. MWMC PARTNERSHIP VIDEO…………………………Mike McGillivray and April Miller
Action Requested: Informational and Discussion
9:30 – 9:40 IX. BUSINESS FROM COMMISSION, GENERAL MANAGER, & WASTEWATER DIRECTOR
9:40 X. ADJOURNMENT
MWMC MEETING MINUTES
Friday, June 11th, 2021 at 7:30 a.m.
Due to the Coronavirus Pandemic and Oregon Executive Order 20-16, the MWMC Meeting was held
remotely via computer or phone. Meeting was video recorded.
Commissioner Yeh opened the meeting at 7:30 a.m. Roll call was taken by Josi Brennan.
ROLL CALL
Commissioners Present Remotely: Pat Farr, Walt Meyer, Jennifer Yeh, Doug Keeler, Joe Pishioneri
Commissioners Absent: Bill Inge, Peter Ruffier
Staff Present Remotely: Lou Allocco, Meg Allocco, Katherine Bishop, Dave Breitenstein, Josi Brennan, Mark
Van Eeckhout, Shawn Krueger, Troy McAllister, James McClendon, April Miller, Todd Miller, Michelle
Miranda, Brooke Mossefin, Bryan Robinson, Loralyn Spiro, Matt Stouder, Valerie Warner, Greg Watkins
Guest Present Remotely: Ron Cutter (Sr. Vice President/Public Sector Practice Leader at Brown & Brown
Northwest Insurance)
Legal Counsel Present Remotely: Brian Millington (Thorp, Purdy, Jewett, Urness, & Wilkinson, PC)
CONSENT CALENDAR
a. MWMC 5/14/21 Minutes
MOTION: IT WAS MOVED BY COMMISSIONER FARR WITH A SECOND BY COMMISSIONER
PISHIONERI TO APPROVE THE CONSENT CALENDAR.
THE MOTION PASSED UNANIMOUSLY 5/0, WITH COMMISSIONER INGE AND COMMISSIONER RUFFIER
EXCUSED
PUBLIC COMMENT
There was no public comment.
SOFTWARE PROCUREMENT FOR CAPITAL PROGRAM
Troy McAllister, Managing Civil Engineer, explained that MWMC is nearing the end of a software
agreement with DLT Solutions, LLC for Constructware (Autodesk product) that is used to support the
Capital Improvement Program (CIP). Staff requests Commission approval for Resolution 21-05 to
negotiate and procure the use of a new software system.
AGENDA ITEM IIa
June 11, 2021 MWMC Minutes
Page 2 of 8
In 2006, staff received advice from consultants to obtain a software package to help with the CIP and
were approved to enter into a software agreement with Constructware. Constructware recently
provided notice they will discontinue their product, and the MWMC’s renewal agreement will end on
August 25th, 2021. Earlier this year, staff investigated and reached out to ten software companies and
received request for information (RFI) responses from nine vendors. Most of the construction/project
management software systems are internet cloud-based tools accessed by computer users, that are
granted controlled permissions and training.
Staff has three short-listed vendors under consideration based on the RFI responses, software
demonstrations and other elements of a due diligence process. Staff is coordinating with Autodesk to
move the old and active Constructware electronic files to another software storage tool controlled by
the MWMC. That process will happen in July and August of this year. Staff has investigated potential
software partnering options with other public works agencies in Eugene, Springfield, Lane County.
The Capital Program team uses software for MWMC project delivery during planning, design, and
construction. Staff anticipates choosing a company to have a long-term relationship, based on their
performance of goods and services. Staff estimates the cost for multi-year agreement will be no more
than $150,000. If there is a contract changes, staff is seeking a total procurement authority of up to
$172,500.
DISCUSSION: Commissioner Meyer asked once we sign up, are we paying $100,000 plus every year or is
that a one-time amount? Mr. McAllister said we are mostly seeing price points below $50,000 (start-up
first year). The first year will be setting up the tool and we will be seeking a multi-year software
agreement such as three or four-years.
MOTION: IT WAS MOVED BY COMMISSIONER MEYER TO ADOPT RESOLUTION 21-05. THE MOTION
WAS SECONDED BY COMMISSIONER PISHIONERI. THE MOTION PASSED 5/0, WITH
COMMISSIONER INGE AND COMMISSIONER RUFFIER ABSENT.
INSURANCE RENEWAL
Katherine Bishop, Environmental Services Program Manager, explained the Property Insurance for
MWMC will be renewing soon. In January of 2021 the Commission approved the Liability Insurance on a
calendar year basis, whereas the Property insurance is a fiscal year and on a one-year term. The costs of
earthquake insurance have changed, and staff decided on the $50 million in earthquake coverage that
comes with the property policy from Star Tech.
Ms. Bishop introduced Ron Cutter to the Commission so he could discuss what has been taking place in
the insurance market, particularly during the pandemic. Mr. Cutter stated the market has deteriorated
and earthquake coverage is considerably more expensive today than what it was a year ago. The market
as a whole is currently classified as a hard insurance market, and the rates are going up and capacity is
shrinking. Property Insurance is cyclical, and companies are in a hard market cycle. As rates go up,
Capital is sitting on the sideline and insurance companies are sitting on their hands not interested in
sharing property exposures at the rate commonly obtained. As rates go up there is more Capital coming
into the industry and the property market could stabilize. It all depends on the hurricane season,
wildfires in the Northwest, and ice storms in Texas. Mr. Cutter was optimistic that the property market is
recovering, however, for this year there is a decent increase in premium.
June 11, 2021 MWMC Minutes
Page 3 of 8
Ms. Bishop stated the Renewable Natural Gas project and the expansion of construction at the plant, is
part of this insurance and did increase the statement of values. Those projects are spanning multiple
years and now moving into the completion phase.
Ms. Bishop requested by motion for the Commission to authorize and direct the MWMC executive officer
to enter into agreements to secure property insurance coverage for the period of July 1st, 2021 through
June 30th, 2022.
MOTION: IT WAS MOVED BY COMMISSIONER PISHIONERI AND THE MOTION WAS SECONDED BY
COMMISSIONER FARR. THE MOTION PASSED 5/0, WITH COMMISSIONER INGE AND
COMMISSIONER RUFFIER ABSENT.
PUBLIC INFORMATION PROGRAM UPDATE
Loralyn Spiro, Lead Communications Coordinator and April Miller, Communications Coordinator,
updated the Commission on the public information program updates. The last full update for the Public
Information Program occurred at the June 2020 Commission meeting.
Ms. Spiro stated the Public Information Program is guided by the MWMC Communications Plan,
particularly in the Commission goal of Key Outcome #5, that is part of the annual budget. The plan was
updated in 2020 based on 2019 and 2020 survey results, and the full plan was presented to the
Commission at the September 2020 MWMC meeting. The plan currently has three objectives, five
strategies and 20 tactics.
Objectives set within Key Outcome #5
Increase community awareness so that more than 25% of those surveyed are able to identify the
MWMC; up from an average of 17.5%
Increase initial favorable response regarding the MWMC to 20%; up from an average of 13%.
Improve community opinion regarding the MWMC’s performance by 10% with overall performance of
50% or better on all metrics; up from an average of 43.5%.
The survey is a tactic measured and tracked in Key Outcome #5 and is tentatively scheduled in 2024 and
2025 for the next survey. The strategies and tactics support the MWMC’s mission to protect the
community's health and environment by providing high quality wastewater services. Results of the
strategies and tactics are from previous communication plans as well as implemented information,
based on the 2019/2020 survey results.
The 2021 Communications Plan contains five overarching strategies
Increase community understanding of the connection between well-managed wastewater services
and a healthy local environment.
Raise awareness of the MWMC as a leader in water resources management, specifically in wastewater
treatment practices and expertise.
Increase community understanding of how their behavior and practices affect the health of local
waterways and what they can do to help protect our environment.
Strengthen communications by evaluating the effectiveness of strategies/tactics implemented.
Increase awareness of the importance of having clean water now and in the future, and the steps it
takes to clean water.
June 11, 2021 MWMC Minutes
Page 4 of 8
The Program continues to include sponsorships to help build community awareness and maintains
alignment with agencies and organizations with similar community goals. The format did change due to
COVID-19, and participants completed some activities on their own timeframe instead of in person.
Changes to the format did impact the MWMC sponsorships, so they had to scale back.
Sponsorships
EWEB Run to Stay Warm
Lane County Fair - Summer Midway Movies
Lane County Home and Garden Show
McKenzie River Trust Get Outdoors Day - River Exploration Days at Green Island
SUB Light of Liberty Celebration - Tastes of Summer
Willamette Riverkeeper - Willamette River Festival
Ms. Spiro shared that Willamette Riverkeeper’s Willamette River Festival is a new and 6th sponsorship for
the MWMC. As part of sponsorship, there are two tours scheduled for the wastewater plant on Tuesday
August 24th from 8:00am to noon, and then again on Thursday August 26th from 5:30pm to 7:30pm.
Willamette Riverkeeper will handle the signups and manage the list. The MWMC is excited to prepare for
these tours and get back to the pre-COVID-19 activities, and fun giveaways will be handed out during
the tour. Additionally, during the Willamette River Festival on August 28th there is a self-guided tour with
activation stops along the river with fun activities for kids and adults. The MWMC will have a booth just
outside the plant along the path at the junction with the Owosso Bridge. The end results will be reported
in next year's annual report.
Clean Water University is tracked in Key Outcome #5 and did shift to online in the 2020 and 2021 school
year. The effort in building the online version will not be a onetime use, and staff will use it for schools
that do not get picked n the lottery. The in-person version is scheduled to take place in the Fall of 2021,
and the two-day event will be subject to any COVID-19 guidelines in place at the time. Staff welcomes
the Commission to participate in this fun event.
Each year the MWMC partners with the City of Eugene and City of Springfield to produce a rate brochure
that is mailed to all EWEB and SUB customers. The brochure includes information on how wastewater
and stormwater fees are structured and calculated within each city. In anticipation for sponsoring
McKenzie River Trust Living River Exploration Days at Green Island, staff updated the signs in the
portable toilets. People will be able to scan a barcode to check out the MWMC website and have reading
material if needed. The updated signs will be used in the portable toilets at the 2021 Lane County Fair.
Ms. Miller discussed the MWMC’s social media platforms, and the ways staff have been working to grow
the social media presence over the past several years. The public can find MWMC on Facebook, Twitter,
and Instagram by following @mwmcpartners. Staff is regularly posting various updates, different types
of media, videos, photos, Commission updates and pollution prevention tips on all three platforms. The
ticket giveaway through the Lane County Fair Summer Midway Movie Series last year resulted in a
significant increase in followers. Three overall factors that contributed to the increase in followers last
year were the ticket giveaway, continued messaging of what not to flush in response to COVID-19, the
difficulties in finding toilet paper during COVID-19, and the increased consistency of weekly posting on
all platforms. In FY20-21 (to date) staff saw a 66% increase in Facebook followers, 23% increase in
Instagram followers, and an 8% increase in Twitter followers. Currently Facebook has 638 followers,
June 11, 2021 MWMC Minutes
Page 5 of 8
Twitter has 173 followers and Instagram has 245 followers. The response from various partners and
members has been positive, and is a tactic tracked in Key Outcome #5.
Another tactic is the E-Newsletter that is sent out monthly. Brooke Mossefin refreshed the design in 2020
and although there have been various formatting changes over the years the focus has remained on
projects, staff and MWMC successes. Shorter stories and linking to the website to drive traffic there is a
main goal as well as keeping information within the E-Newsletter as digestible as possible. There are
currently 262 subscribers between the general mailing list and RNG Project mailing list. The average
open rates throughout the past 10 months has been 35% compared to the industry standard of 28%,
and the average click through rate is 18% compared to the industry standard of 4%. Even with positive
open and click rates, staff continues to look for ways to improve.
The MWMC website continues to be a robust communications tactic. Staff regularly updates the website
with different information resources, and works with project managers to build larger, new webpages.
Staff worked with the legal team to obtain ownership of the domain name that was previously obtained
through a reseller, and the Certificate for Communications Security was implemented. With those
website improvements in place staff can start working on other improvements, such as search engine
optimization and the Newsroom that is included in the 2021 Communications Plan.
The Annual Report is sent out each Spring to highlight past year accomplishments as well as upcoming
initiatives and financials to partner agencies and the community. The 2020 Annual Report was created
using a new platform, Adobe Spark. This gave staff the ability to include large, full screen imagery and
graphics while using a greater variety of formatting depending on the best format for that specific
content. The report links back to the MWMC website for more information, encouraging subscriptions to
the E-Newsletter. The 2020 report and reports from the past several years are available on a newly
created Annual Report webpage, accessible under quick links to provide more context about the tactic.
The MWMC Partnership video is a high priority tactic focusing on the importance of clean water, how the
community is connected to water, and the community wide watershed approach required to protect our
waterways. The MWMC continues to be a strong partnership between Eugene, Springfield, and Lane
County. There were 15 various community leaders interviewed that included elected Commissioners,
and staff is now in the scripting and editing phase of the project.
Focus for Remainder of 2021
Finalize the Partnership video and provide the Commission a preview during the July meeting.
Start providing tours again at the regional wastewater treatment plant and biosolids management
facility following COVID guidelines.
Implement sponsorship benefits for Lane County Fair (July 21-25), Willamette River Festival (August
21-28), and Run to Stay Warm (TBD).
Hold CWU in-person this fall at the regional wastewater treatment plant following COVID guidelines.
Build out pollution prevention outreach collateral and campaigns for increased awareness and
participation.
Increase MWMC online digital presence including Search Engine Optimization and advertising.
DISCUSSION Commissioner Farr said this presentation is always the highlight of the year because we
have the opportunity to help people understand how important the services provided are. When people
understand that, they clearly are in favor of the work done by the staff and facilities. Commissioner Farr
June 11, 2021 MWMC Minutes
Page 6 of 8
was highly impressed with the work Ms. Spiro does, and highly impressed with the outreach. Ms. Spiro
said she wanted to reiterate this has been a team effort with help from Ms. Miller, Brooke Mossefin and
Mike McGillivray. Everyone deserves full team credit for this effort, because as you can imagine it takes a
team.
Commissioner Keeler had a question regarding the brochure which talks about how we communicate
our rate structures to our rate payers. Commissioner Keeler had not seen that yet, but imagined it
describes the breakdown of things. Does it also describe the benefits and give a highlight snapshot of
what the money is being used for? Ms. Spiro said yes, it covers benefits for stormwater and wastewater
since it is a joint brochure. Another new tactic we have implemented this year is building out the
Commission communication memos that are sent through the monthly packets. We are currently
working on the rate brochure for Eugene and Springfield along with the communication memo to give
additional information.
KEY OUTCOME 2: FISCAL MANAGEMENT
Katherine Bishop, Environmental Services Program Manager explained Key Outcome #2 and requested
the Commission to provide input and direction for staff. Looking at the Budget and Key Outcomes in
January, a few Commission members requested to see more far reaching goals that better aligned with
the Key Outcomes. Key Outcome #1 was presented at the May MWMC monthly meeting and Key
Outcome #2 is a smaller and more straightforward outcome directly related to our financial services.
After reviewing the strategic planning documents by the Commission, along with staff, these outcomes
are intended for effective, efficient, and resilient fiscal management. Maintaining sound financial
practices and ensuring the rates and rate changes are planned, moderate, and incremental are two
outcomes that are rephrased. The focus for this outcome is avoiding rate spikes.
Valerie Warner, MWMC Accountant explained the third option for Key Outcome #2, which is debt to
equity ratio. After taking a fresh look at these key indicators, Ms. Warner searched the internet to find the
best practices in terms of key financial indicators for utility agencies and came up with several
possibilities.
Ms. Warner and Lou Allocco reviewed liquidity debt service coverage, return on base rate, cost of Capital
and debt to equity ratio. They took into consideration if these items were pertinent for MWMC and if the
items could be measured and reported without performing a lot of extra work. After evaluating the
possibilities, the debt to equity ratio was recommended to report because debt to equity ratio is a
fundamental indicator of financial performance for all industries. This is particularly important for utilities
to track because utilities often have a higher ratio from hefty infrastructure costs. The MWMC currently
has a debt to equity ratio of .22%, and Clean Water Services has a ratio of .24%. EWEB reports a ratio of
.59% for their Water system, and .86% for their electrical system. A desirable target for this outcome is
suggested to be .3%.
DISCUSSION: Commissioner Farr thanked Ms. Warner for the presentation and comparing our .22% to
EWEB, because it gives us a good indicator. However, it was said because of the huge infrastructure
typically in place with a water utility, such as ours, the numbers are lower. With our numbers at .22%,
somebody said we should be comfortable with that, and you say you are not. Can you explain that a little
bit more? Ms. Warner said .22% is our current ratio. We are sitting on some amount of cash savings, and
when we do our next projects, there will be a discussion on whether we use the money saved up or
June 11, 2021 MWMC Minutes
Page 7 of 8
whether we have to borrow. Keep in mind every time we borrow money we add to both sides of those
equations. Commissioner Farr said he agrees with the target of .3%. Ms. Warner said the guidance states
anything under .5% is considered excellent and anything over 1.0% might be considered troublesome.
Commissioner Meyer said while the factor presented is interesting and we look good compared to
EWEB, there is a concern. By arbitrarily setting a factor we could be hamstringing future Commissions if
something comes along that demands us to build something, that requires a fair amount of borrowing.
For instance, if there is an upcoming new requirement and we need to expand the plan to take care of
that requirement, we might find ourselves quickly bumping up against that. Even though what you said
is sort of true about borrowing $100 million dollars with having $100 million new assets, that in fact does
affect the ratio. That increment of borrowing and asset has a ratio of 1% and as you average it in, it will
bump the overall increment a bit. Commissioner Meyer was not convinced that debt to equity ratio is a
good indicator. The ability to fund that new debt within the rate structure is important. We currently are
operating on rates that allow us to save money, to then put into Capital funds. If we have a future
project, we can use some of that rate to pay debt service and do substantial projects without having
large rate increases. If anything above .5% is excellent, why would we set something that might
hamstring future Commissions at .3%, if .4% and .5% are considered excellent? Ms. Warner said we
know where we are, and we know the cutoff to be considered excellent. It could certainly be .4% or .5%.
because the number is not fixed. If the Commission needed financing for a large project and it was going
up to .55%, the Commission would simply change the target at that time. It is good to have it here,
regardless of where the target lands because that means we are keeping an eye on it.
Commissioner Pishioneri said future Commissions are not bound with anything we say because these
future Commissions have the authority to change whatever we have said. Commissioner Pishioneri was
okay with the statement to maintain sound financial practices per the MWMC financial plan to ensure
rates and rate changes are planned, moderate and incremental. A percentage would not need to be
attached to it. As far as a debt to equity ratio, who knows how many people would look at that and put
too much credence on it. Mr. Stouder said one thing for the Commission to keep in mind as they ask to
view these key outcomes is, having the indicators better align is the overall outcome. This outcome in
particular has a robust financial plan policy which has been talked about at length in the past couple of
years. It is a classic case of how much information do we put in the indicators, that will then go in the
budget document. We have a lot of information, supporting documents and financial plans describing in
detail how staff will achieve and maintain effective and efficient fiscal management. This is a good
attempt for staff to try to add an indicator or two, then get direction on what we should take and move
forward with. Some people are fine with Key Outcome #2 and a couple people are lukewarm. If there is
any further direction, we can use that to modify the outcome and review it again in the future.
Commissioner Keeler said of the three listed here in the discussion section, the one that is appealing is
number two. There is a sense of two facets of fiscally sound practices and executing those, but then
there is also the element of transparency. As a transparent public agency, number two is more desirable
as it deals with the impact of our rates on our ratepayers. Concerning the current events in the economy
and financial world, we could be on the threshold or already past the threshold of returning to some
significant inflation. Chartering ourselves to avoid wild swings in what our ratepayers are paying, and
also observing how we can improve the communication of our directions is useful. Possibility at some
point we could construct an outcome or goal around that.
June 11, 2021 MWMC Minutes
Page 8 of 8
Commissioner Yeh stated she did not have a problem with any of these and agreed with Commissioner
Keeler on liking the second one the most. There was a lot of hard work and research that went into
bringing these forward and it is very much appreciated.
BUSINESS FROM GENERAL MANAGER
Matt Stouder stated the MWMC has a couple of logging contractors they plan to work with in respect to
the poplar harvest, and staff have a path forward for the harvest. Details are currently being sorted out,
and staff are looking into Commission authorization at the MWMC July 9th meeting to get approval. If
staff need approval sooner, they will discuss that with the Commission and also bring the topic to the
next MWMC meeting.
DISCUSSION: Commissioner Pishioneri stated that himself and Commissioner Meyer were given an
amazing tour of the RNG facility at the MWMC plant and wanted to thank everyone and recommended
the other Commissioners to take the tour. Mr. Stouder stated the credit goes to Mark Van Eeckhout, as
he knows all the details on that.
The ACWA conference will hopefully be the last virtual event this year. This will be held on July 28th and is
a one day, five-hour event. The details will be forwarded to the Commission.
Staff is hoping the MWMC monthly meeting will be in-person at the City Hall by September, along with
technology for people to attend virtually and in-person. Mr. Stouder was hoping one or two
Commissioners would join him at the City Hall for the July MWMC meeting so he could work out the
technology kinks.
BUSINESS FROM WASTEWATER DIRECTOR
Dave Breitenstein said May was a month of audits for his division. Two external audits were conducted,
and the Environmental Management System was one of them. The division has been ISO 14001 certified
for 21 years and was due for a three-year recertification audit. An auditor used MS Teams to
communicate virtually, and a full audit of the program was completed to meet the requirement for the
three-year recertification. Thanks to the hard work by staff, the audit came back with flying colors. There
were no nonconformances identified for the standard and no recommendations for improvement. There
was a recommendation to have training on how to complete root cause analysis when staff discovers
things, that are nonconformity and need correction right away.
The second audit conducted was on the laboratory and was the first audit that focused specifically on
the laboratory. Lab supervisor Melanie Ryan brought in a third-party assessor expert who was a prior
Director of the Oregon Laboratory Accreditation Program. The laboratory has never encountered an
audit and staff is waiting to receive the final report, but the results have been good so far. The auditor
characterized the program as in the top 10% of laboratories he has reviewed.
Commissioner Yeh adjourned the meeting at 9:00am
______________________________________________________________________________
M E M O R A N D U M
DATE: July 1, 2021
TO: Metropolitan Wastewater Management Commission (MWMC)
FROM: Mark Van Eeckhout, Civil Engineer
SUBJECT: Administrative and Operations Building Upgrades P80104 Update
ACTION
REQUESTED: Approval of Resolution 21-06
ISSUE
Staff is requesting Commission approval of Resolution 21-06 (Att. 2), which authorizes staff to enter into
a contract with Jacobs Engineering for architectural and engineering (AE) services for the Administration
and Operations Building Upgrades Project (P80104).
BACKGROUND
The current support facilities at the Water Pollution Control Facility (WPCF) were originally constructed
in the early 1980’s, and since that time the use of the support facilities have changed with modifications
in the workforce, advancing technology, and regulatory changes. A recent effort (2017) was led to
upgrade these support facilities to include the existing Administrative and Operations Building during
the Operations and Maintenance Building Improvements Project (P80085). This project ultimately
designed and bid scope including renovations and additions to the Maintenance Building,
Administrative/Operations Building, and a new Water Quality Lab. Two bids were received for this work
from Corp Inc., and Wildish Building. Costs came in above the engineers estimate. The
Administrative/Operations Building was listed as a deductive alternate on the bid documents.
With the two bids coming in above engineers estimates, a decision was made, and direction was given
by the Commission to deduct the Administrative/Operations Building work and defer it to a later time.
This deferred work is encompassed in the Administrative and Operations Upgrades Project (P80104) and
is approved in the capital program budget for $7.6 million.
AGENDA ITEM IV
Memo: Administrative and Operations Building Upgrades P80104 Update
July 1, 2021
Page 2 of 3
In addition to the high construction costs in 2017, there was an understanding by staff and the
Commission that changes may be necessary to the Administrative and Operations Building based on
findings from the resiliency study by Carollo Engineers P80096. The 2019 resiliency study recommended
that the Administrative/Operations Building be usable after a natural disaster such as a Cascadia
subduction zone earthquake.
Staff have created and issued a qualifications-based Request for Proposal (RFP) seeking consultant
services related to this budgeted project. We have received and scored proposals from three consulting
firms: (MWA Architects, PIVOT Architects, and Jacobs Engineering). Jacobs Engineering was scored the
highest of the three proposers and staff issued a Notice of Intent to Award (Att. 1).
The anticipated project schedule is as follows.
SCHEDULE DATE
Release of RFP March, 2021
Deadline for submission of Proposals April, 2021
Evaluation and scoring of Proposals May, 2021
Contract Negotiation (Professional Services) May-June 2021
Commission Approval of MWMC Consultant Contract July 2021
PLANNING SCHEDULE
Assume 6 months & update the Commission Estimate:
Jul. 2021 to Feb. 2022
DESIGN SCHEDULE
Assume 10 -12 months Estimate:
Feb. 2022 to Dec. 2022
BIDDING & CONSTRUCTION SCHEDULE
Assume 16 months Estimate:
Jan. 2023 to Apr. 2024
DISCUSSION
The RFP scope for the Administrative and Operations Upgrades Project was for professional consulting
services including four phases of work (Planning, Design, Bidding and Construction Support Services).
Since the existing building houses Operations and the main controls system for the WPCF and some
associated City of Eugene service connections, a concerted effort is being made during the planning
phase to understand how these systems may be affected by construction. When the design team
understands these interrelations, interim working conditions and key connection points for continued
operation of the plant will be designed for construction. Jacobs will be contracted to begin the project
by executing the planning and 30% design portion of the work. This will include the review of past work
products (MWA Architects Plans and Resiliency Plan), review of current work practices (Post COVID-19),
development of 2-3 alternatives for Commission review, and help in scoring and selection of the leading
alternative to move forward into design.
Memo: Administrative and Operations Building Upgrades P80104 Update
July 1, 2021
Page 3 of 3
Following the selection of the leading alternative to move forward into design, the project will plan to
amend the contract with Jacobs to include refinement of their scope and fees. Design costs can vary,
but on average they are roughly 15% of the final construction costs. However, this is dependent on the
overall scope selected in the final building alternative. We hope that the current budget will allow for
the necessary upgrades to be conducted, however with increasing costs and the designation of the
building an essential facility these costs may need to be reviewed during the next budget cycle.
Staff and Jacobs Engineering have negotiated the fees for the planning and preliminary design scope of
work. The fees related to this work totals $305,000. After an alternative is selected, the fee and scope for
design, bidding, and construction support services will be finalized and brought to the Commission.
ACTION REQUESTED
Staff requests Commission, by motion approve Resolution 21-06, which will:
Authorize the MWMC Executive Officer or his authorized designee to execute and manage the
contract with Jacobs Engineering for planning consultant services for the Administrative and
Operations Building Upgrades Project (P80104) at $305,000, and contract amendments not to
exceed a cumulative total of 15% ($45,750) of $305,000.
ATTACHMENTS
1. MWMC Notice of Intent to Award: April 2021
2. Resolution 21-06
April 30, 2021
SUBJECT: NOTICE of INTENT OF CONSULTANT SELECTION
Administrative and Operations Building Upgrades
MWMC Project Number: P80104
Proposals for the Metropolitan Wastewater Management Commission
(MWMC) Administrative and Operations Building Improvements, Project P80104 were
due at 3:00 p.m. local time on April 14, 2021. The MWMC received a total of three (3)
proposals for architectural and engineering services.
After the review committee members reviewed all proposals, a virtual meeting was
convened on April 22, 2021 where the review committee members shared notes,
observations and collectively scored each proposal relative to each criterion in the
request for proposals. Jacobs Engineering was the highest ranked proposer by
the P80104 review committee. Please refer to the scoring summary below:
Summary of Scores
Jacobs Engineering
Pivot Architecture
120 points
111 points
MWA Architects 109 points
The MWMC hereby notifies all proposers (pursuant to the MWMC Procurement Rule 137-
048-0220 and ORS 279C.100) that staff intends to enter negotiations with Jacobs
Engineering for consultant services for the Administrative and Operations
Building Upgrades, Project P80104.
Unless a valid protest is received within seven (7) calendar days (pursuant to the MWMC
Procurement Rule 137-048-0248 and ORS 279C.100) from the date of this Notice of Intent
to Consultant Selection, the MWMC will enter into P80104 contract negotiations
with Jacobs Engineering.
Notice emailed and issued on April 30, 2021.
Thank you.
Mark Van Eeckhout
MWMC Civil Engineer
Copy: All Proposers
Matt Stouder, MWMC General Manager
Troy McAllister, City of Springfield
Dave Breitenstein, City of Eugene
MWMC Commission
Jennifer Yeh
Eugene City Councilor
MWMC President
Joe Pishioneri
Springfield City Councilor
MWMC Vice President
Pat Farr
Lane County Commissioner
Bill Inge
Lane County Citizen
Doug Keeler
Springfield Citizen
Walt Meyer
Eugene Citizen
Peter Ruffier
Eugene Citizen
Administration
Matt Stouder
MWMC Executive Officer
City of Springfield
225 Fifth Street
Springfield, Oregon 97477
(541) 726-3694
FAX (541) 726-2309
Operations
Dave Breitenstein
Wastewater Director
City of Eugene
410 River Avenue
Eugene, Oregon 97404
(541) 682-8600
FAX (541) 682-8601
Attachment 1 - MWMC Notice of Intent to Award: April 2021
ATTACHMENT 2
Resolution 21-06
Page 1 of 2
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
RESOLUTION 21-06 ) IN THE MATTER OF CONTRACT AUTHORITY
) FOR MWMC ENGINEERING SERVICES
) FOR MWMC PROJECT P80104, ADMINISTRATIVE
) AND OPERATIONS BUILDING UPGRADES
WHEREAS, the budget allocates $7,600,000 for the upgrades to the Metropolitan
Wastewater Management Commission (MWMC) Water pollution Control Facility (WPCF)
Administrative and Operations Building; and
WHEREAS, in March of 2021, MWMC issued and advertised for a request for proposal for
consulting services to include Planning, Design and Construction Support Services of the
Administrative and Operations Upgrades Project; and
WHEREAS, MWMC received three (3) proposals including all three phases of consulting on
April 14, 2021 for architectural & engineering services for the Administrative and Operations
Upgrades Project and Jacobs Engineering was the highest ranked proposer by the review
committee; and
WHEREAS, pursuant to the Metropolitan Wastewater Management Commission (MWMC)
Procurement Rule 137-048-0220 (Formal Selection Procedure) and ORS 279C.110 allow for staff to
negotiate with Jacobs Engineering for architectural & engineering services for the Administrative
and Operations Building Upgrade work; and
WHEREAS, MWMC will contract first to perform the Planning and Preliminary Design Phase
of the project and then with a selected building alternative seek approval to amend the consultant
services contract to continue with the Design and Construction Services phases; and
WHEREAS, on April 30, 2021, staff issued a “Notice of Intent To Make Consultant Selection”
listing the scores of each proposal and explaining the seven (7) calendar day protest timeframe
pursuant to the MWMC Procurement Rule 137-048-0240 (Protest Procedures); and
WHEREAS, no protest was submitted related to the P80104 consultant selection; and
ATTACHMENT 2
Resolution 21-06
Page 2 of 2
WHEREAS, if contract negotiations with Jacobs Engineering are unsuccessful, MWMC has
the option to reject the proposal and negotiate with the second highest ranked proposer for the
work; and
WHEREAS, MWMC has appointed a duly authorized Executive Officer for efficient
execution of the day-to-day administration of MWMC business and the Executive Officer may name
an authorized designee; and
NOW, THEREFORE, BE IT RESOLVED BY THE METROPOLITAN WASTEWATER
MANAGEMENT COMMISSION:
The duly authorized Executive Officer of the MWMC, or his/her authorized designee, is hereby
authorized to: negotiate and execute a contract with Jacobs Engineering for architectural and
engineering services for Planning and Preliminary Design of the Administrative and Operations
Upgrades Project, MWMC Project Number P80104, for an authorized amount not to exceed
$305,000; and (b) if an agreement cannot be reached with Jacobs Engineering terminate
negotiations with Jacobs Engineering and proceed with negotiations with the second highest
ranked proposer; and (c) delegate performance of project management functions including, but
not limited to, issuance of notices to proceed, contract amendments not to exceed a cumulative
total of 15% ($45,750) of the contract amount, and management of the contract to ensure
deliverables and services meet the contract requirements.
ADOPTED BY THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION OF
THE SPRINGFIELD/EUGENE METROPOLITAN AREA ON THE 9TH DAY OF JULY 2021.
_____________________________________________
Jennifer Yeh, MWMC President
Approved as to form: __________________________
MWMC Legal Counsel
Attest: _______________________________________
Josi Brennan, MWMC Secretary
Digital Signature:
Digital Signature:
Digital Signature:
______________________________________________________________________________
M E M O R A N D U M
DATE: July 1, 2021
TO: Metropolitan Wastewater Management Commission (MWMC)
FROM: Todd Miller, Environmental Services Supervisor
SUBJECT: Biocycle Farm MU3 Harvest Contracting
ACTION
REQUESTED: Approve Resolutions 21-07 and 21-08
ISSUE
The MWMC’s Biocycle Farm Management Unit 3 (MU3) poplar tree stand is at 12 years of age and
requires harvesting in 2021. An invitation to bid (ITB) procurement process earlier this year yielded zero
bids. Due to not receiving any bids and the requirement to MU3 in calendar year 2021 the MWMC
Executive Officer has determined an emergency exists with respect to this harvest. Pursuant to the
MWMC’s Emergency Procurement rules, staff has directly negotiated with local contractors to complete
the harvest and sale of poplar logs to market. Additionally, staff has identified a milling contractor under
the Intermediate Procurement process to produce a minor quantity of boards for introducing Biocycle
Farm poplar to sustainable building markets. Harvest needs to start in July 2021 for timely completion of
the required work.
Staff requests Commission approval of two resolutions:
Resolution 21-07 for contracting of poplar logging services under the Emergency Procurement
provision.
Resolution 21-08 for contracting of poplar milling services under the Intermediate Procurement
provision.
BACKGROUND
At the May 14, 2021 MWMC meeting, staff updated the Commission on the status of the MU3 harvest.
This included the regulatory drivers requiring MU3 harvest in 2021, the extent of outreach and
engagement with the timber industry prior to harvest, and the no-bid outcome of the ITB, including an
overview of feedback staff received from industry contacts on the current economic conditions
presenting challenges to a 2021 poplar harvest.
Commissioners requested that staff explore options regarding land use rules dictating the 12-year
poplar rotation age limit to determine if an appeal or other mechanism would allow either deferral of the
harvest until 2022 or other accommodations.
AGENDA ITEM V
Memo: Biocycle Farm MU3 Harvest Contracting
July 1, 2021
Page 2 of 4
Despite the no-bid condition, staff reported that direct discussion with potential logging contractors
appeared promising, pending details regarding contractor availability, identification of markets, and
price points. Staff also reported that in parallel with the ITB process, a request for quotes (RFQ) for poplar
board milling and a request for interest (RFI) is using poplar wood products for pilot projects were
yielding opportunities to demonstrate local poplar use. Staff expected to recommend moving forward
with the board milling opportunity if a successful harvest contract could be negotiated.
DISCUSSION
MU3 Harvest Contracts
Staff, in coordination with legal counsel, has negotiated contracting opportunities to complete the MU3
harvest in 2021. Staff recommends contracting with two entities to harvest separately the north section
of MU3 and the south section of MU3: Lane Forest Products and CTS, Inc. Staff arrived at this
recommendation based on several factors influencing the harvest conditions:
Legal counsel confirmation that the agricultural and land use regulations governing the Biocycle
Farm MU3 require harvest within the 12th year of growth.
Staff confirmation that other poplar growers who have exceeded the 12-year limitation were not
constrained by the same land use rules governing the Biocycle Farm operation.
Under Emergency Procurement provisions, the MWMC is able to enter into contracts as a result of
direct negotiation with contractor(s) given the urgency of the 2021 harvest.
Independent negotiations with each harvest contractor led to similar but slightly different pricing
structures presenting no clear cost advantage to either contractor.
Reported concerns from the harvest contractors that ongoing shortages on labor, equipment,
trucking, and other factors could constrain availability to complete the entire MU3 harvest.
Beneficial opportunities are afforded by dual contractors to diversify market base, level out
interruptions to harvest progress due to logistics problems, and secure services to fill potential
service gaps that may be beyond the MWMC’s or contractor control.
Both contractors arrived at a price structure based on a per-acre cost for harvest, a per-ton cost for log
handling and trucking, and a per-ton price for market sales. Given unknowns on exact acreage (portions
of MU3 were impacted by storm events and previously harvested) and yield (yields are highly variable
and suitable log material for 2021 markets may further impact yield), staff negotiated contracts based on
a maximum not-to-exceed cost not accounting for market sales.
Additionally, staff determined Lane Forest Products is better able to provide all slash processing services
and therefore additional per-hour rates for residuals processing for the entire MU3 harvest area is part of
the Lane Forest Products contract. The tables below present the maximum costs of harvest under the
negotiated arrangements and the range of potential market sales predicted.
Memo: Biocycle Farm MU3 Harvest Contracting
July 1, 2021
Page 3 of 4
Table 1: Contract Basis with CTS, Inc. for MU3-North Harvest
Contract Item Unit Basis Rate Max. Units Not-to-Exceed Cost
Tree felling/processing acre 2,100$ 60 126,000$
Log loading/trucking green ton 24$ 100/acre 144,000$
270,000$
Pulp log sales (low yield)green ton 26$ 2,750 71,500$
Pulp log sales (hugh yield)green ton 26$ 6,000 156,000$
Total Contract Not-to-Exceed Cost
Potential market sales
Table 2: Contract Basis with Lane Forest Products for MU3-South Harvest
Contract Item Unit Basis Rate Max. Units Not-to-Exceed Cost
Tree felling/processing acre 2,500$ 57 142,500$
Log loading/trucking green ton 34$ 100/acre 193,800$
Slash piling/cleanup hour 160$ 450 72,000$
Slash grinding hour 600$ 140 84,000$
Equipment mobilizations hour 145$ 16 2,320$
494,620$
Pulp log sales (low yield)green ton 32$ 2,600 83,200$
Pulp log sales (hugh yield)green ton 32$ 5,700 182,400$
Total Contract Not-to-Exceed Cost
Potential market sales
Market Pilot Project Contracts
A drawback of the markets in 2021 is that poplar logs are entirely destined for the pulp market. Not only
are the prices in the pulp market low, but those markets do not provide opportunity to advance the
poplar marketplace for durable lumber products. In anticipation of the need to independently
demonstrate and pilot local use of poplar lumber products, staff initiated the RFQ and RFI process. Staff
has identified a local mill, Urban Lumber, to produce boards from a small portion of logs coming off the
MU3 harvest. Based on the RFI process and ongoing discussions, staff is optimistic that Biocycle Farm
poplar boards can be introduced to regional and local markets through sales to a Portland-based
company and through BRING Recycling.
Staff recommends contracting with Urban Lumber to produce up to 60 thousand board feet (MBF) of
poplar boards for these markets. The volume of logs to be diverted for board production will represent
one to five percent (1-5%) of the total harvest. The contract with Urban Lumber would be a not-to-
exceed value of $99,000 at $1,650 per MBF. Due to the cost of custom milling at the pilot scale, board
production costs exceed potential market value. Staff recommends proceeding with the milling contract
as an investment in future market relationship building. This effort aligns with the long-term marketing
plan developed by the MWMC’s poplar marketing and communications consultant, MIG.
Similarly, staff has identified interest and potential in biochar production from poplar. Staff estimates
that under cooperative agreements with the Northwest Youth Corps and local nonprofit and
government partners in fall 2021, a small-scale pilot project could yield approximately 100 cubic yards of
biochar from slash material that would otherwise be used as mulch at the Biocycle Farm. Biochar has the
Memo: Biocycle Farm MU3 Harvest Contracting
July 1, 2021
Page 4 of 4
potential to be a future beneficial product from the Biocycle Farm that could sequester carbon in the soil
while providing drought resistance, pollutant reduction, nutrient enhancement, and other sustainability
benefits. Pilot uses of biochar include street tree planting, parks turf enhancement, stormwater bioswale
treatment, restoration planting enhancement, and local sustainable development uses. Staff estimates
that approximately $30,000 of investment will be needed to pilot small-scale biochar uses in 2021-2022.
MWMC Budget Status
The MWMC Capital Improvement Program (CIP) adopted budget includes a fiscal year (FY) 21-22 budget
of $600,000 and an FY 22-23 budget of $60,000 for Poplar Harvest Management services. An additional
unspent FY 20-21 budget from postponed harvest activities of approximately $130,000 is planned to be
added to the FY 21-22 budget via Supplemental Budget 1 (SB1). The total unspent budget for Poplar
Harvest Management Services without additional budget amendments is $790,000.
The maximum value of the harvest contracts, with a customary 15% amendment authority for additional
work as may be deemed essential for project delivery, equals $879,313. However, actual costs are
projected to be significantly lower. Staff anticipates total contract costs will be approximately $650,000.
The minimum projected market value of poplar from harvest sales is $154,700; the maximum value is
projected to be $338,400. Therefore, the projected net harvest costs to the MWMC are less than
$500,000. The overall CIP is adequately funded to support the full obligations of the contracts.
Accounting for up to $130,000 in pilot board and biochar production costs, staff projects the total 2021
harvest and marketing cost at $630,000. Remaining project work to complete the MU3 harvest cycle
includes replanting. To save costs on stump management and replanting, staff has arranged to keep
stumps in place after MU3 harvest and regrow trees from the stumps. This practice has been adopted by
other poplar growers and requires labor to prune back regrowth to a single lead stem; however, it avoids
costs of cutting procurement, planting, and establishment of new trees. Staff is coordinating with the
Northwest Youth Corps to provide the tree pruning services to re-establish MU3 in 2022. Therefore, staff
projects that the entire harvest and replanting of MU3 will be completed within the adopted CIP budget
via reapportionment of FY 20-21, 21-22, and 22-23 budgets without need for additional funding.
ACTION REQUESTED
Staff requests Commission approval of two items:
1. Resolution 21-07 to enter into contracts with Lane Forest Products and CTS, Inc. under Emergency
Procurement authority for a combined not-to-exceed value of $764,620 with a 15% amendment
authority of $114,693 for a total potential value of $879,313.
2. Resolution 21-08 to enter into contract with Urban Lumber under Intermediate Procurement
authority for a not-to-exceed value of $99,000 with a 15% amendment authority of $14,850 for a
total potential value of $113,850.
ATTACHMENTS:
1. Resolution 21-07
2. Resolution 21-08
Page 1 of 3
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
RESOLUTION 21-07 ) IN THE MATTER OF CONTRACT AWARD
) FOR MWMC PROJECT P80083 – POPLAR
) HARVEST MANAGEMENT SERVICES,
) BIOCYCLE FARM MU3 HARVEST
WHEREAS, the MWMC’s Fiscal Year 2021/2022 (FY21/22) Budget includes Biocycle Farm
Poplar Harvest Management Services, Project P80083;
WHEREAS, the MWMC’s FY 20/21, 21/22, and 22/23 Capital Improvement Plan (CIP)
budgets for Project P80083 have unspent funds of $790,000;
WHEREAS, the CIP provides funding to enter into contract commitments exceeding the
Project P80083 budget as deemed necessary;
WHEREAS, the MWMC followed the procedures for competitive sealed bidding set forth
in the MWMC’s Procurement Rules, Section 137-047-0255;
WHEREAS, the MWMC received no response to bids as of the bid closing date;
WHEREAS, Oregon Revised Statute 279B.080, permits the “head of a contracting agency
… to make or authorize others to make emergency procurements of goods or services in an
emergency;”
WHEREAS, the legal requirement to harvest the MU3 poplar by the end of 2021, coupled
with zero responses to the MWMC’s ITB for a contractor to conduct the harvest, constitutes an
emergency for purposes of this procurement;
WHEREAS, the MWMC Procurement Rules, Section 137-047-0280 provides for award of a
contract as an emergency procurement with reasonable and appropriate competition under the
circumstances;
WHEREAS, the lack of a response to the ITB indicates there is no competition for this
procurement;
Attachment 1 - Resolution 21-07
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
Resolution 21-07
Page 2 of 3
WHEREAS, the MWMC directly negotiated terms with two contractors resulting in similar
capability, capacity, and rates;
WHEREAS, final contract negotiations with the two contractors – Lane Forest Products
and CTS, Inc. is expected to be successful; and
WHEREAS, the MWMC has appointed Matt Stouder as its duly authorized Executive
Officer for efficient execution of the day-to-day administration of MWMC business.
NOW, THEREFORE, BE IT RESOLVED BY THE METROPOLITAN WASTEWATER
MANAGEMENT COMMISSION:
Matt Stouder, as the duly authorized Executive Officer of the MWMC, is hereby authorized to:
a) Declare the 2021 harvest of MU3 poplars an emergency;
b) Execute a contract agreement with Lane Forest Products for Poplar Harvest Management
Services – Biocycle Farm MU3 Harvest, Project P80083, for an authorized amount not to
exceed $494,620;
c) Execute a contract agreement with CTS, Inc. for Poplar Harvest Management Services –
Biocycle Farm MU3 Harvest, Project P80083, for an authorized amount not to exceed
$270,000; and
d) Delegate performance of project management functions including, but not limited to,
issuance of notices to proceed, execution of contract amendments not to exceed a
cumulative total of 15% ($74,193) of the initial contract amount with Lane Forest Products
and 15% ($40,500) of the initial contract with CTS, Inc., and management of the contracts
to ensure deliverables and services meet the contract requirements.
Attachment 1 - Resolution 21-07
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
Resolution 21-07
Page 3 of 3
ADOPTED BY THE GOVERNING BODY OF THE METROPOLITAN WASTEWATER
MANAGEMENT COMMISSION ACTING IN ITS CAPACITY AS LOCAL PUBLIC CONTRACT
REVIEW AUTHORITY ON THE 9TH DAY OF JULY 2021.
_____________________________________________
Jennifer Yeh, MWMC President
Approved as to form: __________________________
KC Huffman, MWMC Legal Counsel
Attest: _______________________________________
Josi Brennan, MWMC Secretary
Digital Signature:
Digital Signature:
Digital Signature:
Attachment 1 - Resolution 21-07
Page 1 of 2
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
RESOLUTION 21-08 ) IN THE MATTER OF CONTRACT AWARD FOR
) MWMC PROJECT P80083 – POPLAR
) HARVEST MANAGEMENT SERVICES,
) BIOCYCLE FARM MU3 MILLING
WHEREAS, the MWMC’s Fiscal Year 2021/2022 (FY21/22) Budget includes Biocycle Farm
Poplar Harvest Management Services, Project P80083;
WHEREAS, the MWMC’s FY 20/21, 21/22, and 22/23 Capital Improvement Plan (CIP)
budgets for Project P80083 have unspent funds of $790,000;
WHEREAS, the CIP provides funding to enter into contract commitments exceeding the
Project P80083 budget as deemed necessary;
WHEREAS, the MWMC followed the procedures for intermediate procurement set forth in
the MWMC’s Procurement Rules, Section 137-047-0270;
WHEREAS, the MWMC received a single response to a request for quotes as of the
solicitation closing date;
WHEREAS, the MWMC solicited quotes from two other mills after the solicitation closing
date and determined those mills could not meet the specifications of the request for quotes;
WHEREAS, the MWMC finds that Urban Lumber, Inc. as the sole respondent to the
request for quotes is able to favorably provide the milling services requested;
WHEREAS, final contract negotiation with the Urban Lumber, Inc. is expected to be
successful; and
WHEREAS, the MWMC has appointed Matt Stouder as its duly authorized Executive
Officer for efficient execution of the day-to-day administration of MWMC business.
Attachment 2 - Resolution 21-08
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
Resolution 21-08
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE METROPOLITAN WASTEWATER MANAGEMENT
COMMISSION:
Matt Stouder, as the duly authorized Executive Officer of the MWMC, is hereby authorized to:
a) Execute a contract agreement with Urban Lumber, Inc. for Poplar Harvest Management
Services – Biocycle Farm MU3 Milling, Project P80083, for an authorized amount not to
exceed $99,000; and
b) Delegate performance of project management functions including, but not limited to,
issuance of notices to proceed, execution of contract amendments not to exceed a
cumulative total of 15% ($14,850) of the initial contract amount, and management of the
contracts to ensure deliverables and services meet the contract requirements.
ADOPTED BY THE GOVERNING BODY OF THE METROPOLITAN WASTEWATER
MANAGEMENT COMMISSION ACTING IN ITS CAPACITY AS LOCAL PUBLIC CONTRACT
REVIEW AUTHORITY ON THE 9TH DAY OF JULY 2021.
_____________________________________________
Jennifer Yeh, MWMC President
Approved as to form: __________________________
KC Huffman, MWMC Legal Counsel
Attest: _______________________________________
Josi Brennan, MWMC Secretary
Digital Signature:
Digital Signature:
Digital Signature:
Attachment 2 - Resolution 21-08
______________________________________________________________________________
M E M O R A N D U M
DATE: July 1, 2021
TO: Metropolitan Wastewater Management Commission (MWMC)
FROM: Todd Miller, Environmental Services Supervisor
SUBJECT: Credit Program Manager Contract Amendment
ACTION
REQUESTED: Information and discussion
ISSUE
The MWMC has contracted with The Freshwater Trust, a nonprofit conservation organization, to be the
MWMC’s credit program manager for the long-term implementation of water quality trading credits.
Staff proposes amending The Freshwater Trust contract to expand pilot project implementation in 2021
under existing contract authority. Additional funding authority may be requested later in 2021 to further
develop the final credit program strategy for compliance with the MWMC’s upcoming renewed National
Pollutant Discharge Elimination System (NPDES) permit.
BACKGROUND
The MWMC’s NPDES permit is scheduled for renewal in fall 2021. Under updated temperature standards
and DEQ policies for permit limits, the MWMC expects to be required to meet thermal load limits under a
multi-year compliance schedule. The MWMC has identified generation of water quality trading credits
through restoration of riparian shade in upper Willamette River watersheds as the principal strategy for
temperature compliance.
The Freshwater Trust was selected to serve as the MWMC’s Credit Program Manager under MWMC
procurement rules via a request for qualifications (RFQ) and request for proposals (RFP) process. The RFP
scope of work required Phase 1 services to establish the framework and costing of generating water
quality trading credits via the Pure Water Partners and Phase 2 services to implement the regulatory
credit program for the MWMC’s NPDES permit compliance.
AGENDA ITEM VI
Memo: Credit Program Manager Contract Amendment
July 1, 2021
Page 2 of 3
The current contract with The Freshwater Trust was authorized under two previous resolutions:
Resolution 19-03 (Attachment 1), adopted March 8, 2019: Authorized Phase 1 Credit Program
Manager services for a not-to-exceed value of $193,063 with a 15% amendment authority of
$28,959.45 for a total authority of $222,022.45.
Resolution 20-03 (Attachment 2), adopted February 14, 2020: Authorized amending the Credit
Program Manager contract to initiate a pilot phase of Phase 2 Credit Program Manager services
(“Task 2A”) for a not-to-exceed value of $250,000.00 with a 15% amendment authority of $37,500.00
for a total authority of $287,500.00.
The purpose of Task 2A pilot projects were to test the model for Pure Water Partners collaboration on
implementation of riparian shade restoration projects to ensure The Freshwater Trust had identified a
workable model for landowner recruitment, site establishment, accreditation, and long-term
maintenance and monitoring. The pilot projects were partially funded to allow The Freshwater Trust to
plant and credit the projects. However, ongoing project establishment and long-term maintenance
funding was deferred to roll into the full Phase 2 scope of work.
DISCUSSION
The Freshwater Trust has completed most Phase 1 services. Delivered products to date include:
Recommended edits to the Pure Water Partners Memorandum of Agreement (MOA) and Handbook
to which the MWMC subsequently became party
Coordination and training of Pure Water Partners member organizations on assessment and
implementation of riparian shade restoration projects
Development of funding relationships to facilitate The Freshwater Trust’s oversight of the credit
program for the MWMC
Drafting of a proposed water quality trading plan for the MWMC’s NPDES permit compliance
Analysis of seasonal shade credit potential throughout the year
Final cost proposal for the MWMC’s compliance program
Under Task 2A pilot site services, the MWMC authorized The Freshwater Trust to enroll up to two sites in
credit production projects, including 20-year landowner agreements, planting, and site accreditation by
December 31, 2021. The MWMC authorized up to $247,850 for The Freshwater Trust to implement the
pilot projects through accreditation, with the understanding that additional funds would be allocated
for ongoing site establishment and maintenance under the full Phase 2 program implementation
contract.
The Freshwater Trust enrolled two landowners in MWMC pilot projects comprising approximately 5
acres. The Freshwater Trust constrained the planting area on the second site based on budget
limitations allocated for the pilot projects. Approximately 2 acres of additional planting area for shade
credits is available. The Freshwater Trust estimates it can proceed with the most or all of the available
acreage if the MWMC approves doing so now.
Memo: Credit Program Manager Contract Amendment
July 1, 2021
Page 3 of 3
Under the current amendment authorities of Resolution 19-03 and 20-03 for Phase 1 and Task 2A work,
respectively, The Freshwater Trust indicates that it can complete the following tasks without further
budget amendments:
Phase 1 support of the MWMC’s Water Quality Trading Plan negotiations with DEQ for approval.
Task 2A expansion of pilot projects by approximately 2 additional acres through planting in early
2022.
Ongoing establishment work on planted pilot sites into early 2022.
Staff has discussed additional work with The Freshwater Trust that may be beneficial to the MWMC’s
final credit program considerations. Additional tasks considered include:
Re-costing evaluation of the MWMC shade credit program if the MWMC determined to reduce the
scope of the initial shade credit program.
Evaluation of instream restoration potential for credit generation in the Pure Water Partners
boundary area.
These tasks would require further budget amendment, legal consultation, and MWMC resolution
authority. Therefore, staff has deferred those tasks for later optional consideration after better clarity on
the MWMC’s thermal load obligations and NPDES permit compliance schedule are known.
RECOMMENDATION
Staff recommends proceeding with the pilot project expansion via amendment to The Freshwater Trust
Credit Program Manager services contract. This recommendation is favorable based on the current
status of the program:
1. The pilot site acreage is extensive, the site is already enrolled and under lease for shade credits, the
site is in a ready-to-plant condition, and the site ranks on the upper end of shade credit production
potential.
2. The Freshwater Trust can take advantage of the cost-effectiveness of the site opportunity and
expand the planted acreage within the current amendment authority for budget increases.
3. The MWMC intends to launch the full shade credit compliance program upon NPDES permit renewal
and approval of the MWMC’s Water Quality Trading Plan. Permit renewal is scheduled for fall 2021
and contracting for the full credit compliance program is expected by early 2022. At that time, the
pilot projects will be funded for necessary ongoing establishment, monitoring, and maintenance.
Staff invites Commission discussion prior to issuing the proposed amendment.
ATTACHMENTS:
1. Attachment 1: Resolution 19-03
2. Attachment 2: Resolution 20-03
Attachment 1
Attachment 1
Attachment 2
Attachment 2
______________________________________________________________________________
M E M O R A N D U M
DATE: July 1, 2021
TO: Metropolitan Wastewater Management Commission (MWMC)
FROM:
Todd Miller, Environmental Services Supervisor
Bryan Robinson, Environmental Management Analyst
SUBJECT: Regulatory Update – NPDES Permit Renewal Status
ACTION
REQUESTED: Informational and Discussion
ISSUE
Regional wastewater program staff is currently working with the Oregon Department of Environmental
Quality (DEQ) to renew the MWMC’s National Pollution Discharge Elimination System (NPDES) permit.
DEQ staff has confirmed their intention to issue the MWMC’s updated permit as scheduled on the 2021
Permit Issuance Plan (PIP) on or close to September 30, 2021. At the July 9, 2021 MWMC meeting, staff
will provide an update related to permit renewal status.
BACKGROUND
Staff has provided regular updates to the Commission related to the MWMC’s permit renewal process.
The MWMC’s current permit was issued in 2002 and has been in administrative extension since 2007,
effectively locking in the permit conditions at that time. The new permit will reflect nearly 20 years of
new data and regulatory updates. Staff has been engaged with DEQ staff to track the permit issuance
timeline and expected updates to the permit. At the April 2021 MWMC meeting, staff briefed the
Commission on the permit writing process and timeline and reviewed the ancillary plans referenced by
the permit that would require updating in tandem with permit renewal.
Key milestones in the MWMC’s permit renewal over the past year include:
MWMC follow-up to DEQ’s request for additional toxics monitoring data
Identification of the MWMC on the DEQ’s PIP for fourth quarter 2021 (ending September 30, 2021)
Identification of the DEQ staff persons who are serving as the MWMC’s permit writing team
Establishment of the tentative timeline for DEQ permit drafting, applicant review, public review, and
final issuance
AGENDA ITEM VII
Memo: Regulatory Update – NPDES Permit Renewal Status
July 1, 2021
Page 2 of 2
DISCUSSION
Staff has coordinated on review and preparation of permit development elements including Reasonable
Potential Analysis (RPA) by which new permit limits are evaluated, thermal load mitigation requirements,
and associated plan updates.
In coordination with DEQ, staff has resolved that only two plans are needed by DEQ in advance of permit
renewal: the Biosolids Management Plan and the Recycled Water Use Plan. Staff has updated both plans
for submittal to DEQ by early July. DEQ intends to issue those plans for public review comment in
tandem with the public review period for the NPDES permit. Other plans are being updated to be
submitted upon or after permit issuance.
Staff will provide more detailed updates on permit renewal status to the Commission at the July MWMC
meeting. Updates will include:
Current status of permit issuance and review schedule
Preliminary RPA outcomes and technical consultant review of RPAs
Negotiation of a compliance schedule for temperature
MWMC plan submittals to DEQ
ACTION REQUESTED
This item is informational. No action is requested; Commission feedback is welcome.
____________________________________________________________________________________________________
M E M O R A N D U M
DATE: June 29, 2021
TO: Metropolitan Wastewater Management Commission (MWMC)
FROM: April Miller, Communications Coordinator
Mike McGillivray, Communications Coordinator
SUBJECT: MWMC Partnership Video
ACTION
REQUESTED:
Informational and Discussion
ISSUE
At the July 9 Commission meeting, staff will provide the Commission a preview of the MWMC’s new
Partnership Video. The presentation will give an overview of the video’s objectives, as well as
background information on the steps taken to write, shoot, edit, and produce the video in house.
Additionally, staff will share the dissemination plan for the video with the Commission and request
feedback ahead of finalization of the video.
BACKGROUND
As part of the MWMC’s Strategic Communications Planning Phase 2 in 2019 and 2020, the creation of
a Partnership Video was identified as a potential tactic. The Commission expressed support for the
video, and the tactic was incorporated into the 2021 MWMC Communications Plan. The video will
support the objectives and strategies outlined in the communications plan, as well as Key Outcome
#5 – Achieve and maintain public awareness and understanding of the MWMC, the regional
wastewater system, and the MWMC’s objectives of maintaining water quality and a sustainable
environment.
As part of the strategic communications planning process, the focus of the MWMC Partnership Video
was discussed and supported by the Commission. The video is to focus on the importance of clean
water and how the community is connected to water, while touching on the MWMC’s successes, why
it continues to be a strong partnership, and the overarching purpose of the MWMC.
DISCUSSION
Based on the communications plan and discussions with the Commission, staff created a list of key
messages to be included in the video and identified 15 community leaders to interview. An outline
was developed using these key messages to determine the desired flow of the video and staff wrote
interview questions for each participating community leader. Staff coordinated interview times for
each participant and all interviews were shot over eight weeks in April and May.
AGENDA ITEM VIII
Memo: MWMC Partnership Video
June 29, 2021
Page 2 of 2
Key Messages:
Every living thing has a connection to and a need for clean water. There are a variety of reasons to
care about clean water such as drinking water quality, recreation, wildlife, farming, industrial use,
beer brewing, and more.
Water is a resource that requires management and protection.
The MWMC plays an important role in protecting water quality by providing high-quality
wastewater services and contributing to a holistic watershed approach through partnerships.
Call to Action – It takes the entire community working together to protect our waterways.
Interviewees:
Matt Stouder, MWMC Executive Officer
Dave Breitenstein, City of Eugene Wastewater Division Director
Jennifer Yeh, MWMC President & Eugene City Councilor
Joe Pishioneri, MWMC Vice President & Springfield City Councilor
Pat Farr, MWMC Commissioner & Lane County Commissioner
Congressman Peter DeFazio, Oregon District 4 Representative
Spencer Goodro, MWMC Wastewater Operator
Jeff Nelson, Springfield Utility Board General Manager
Frank Lawson, Eugene Water & Electric Board General Manager
Jared Weybright, McKenzie Watershed Council Executive Director
Travis Williams, Willamette Riverkeeper Executive Director
Sarah Whitney, Long Tom Watershed Council Urban Restoration & Stormwater Specialist
Brittany Quick-Warner, Eugene Area Chamber of Commerce President & CEO
Stan Pickett, Delta Sand & Gravel Co. President & General Manager
Dewey Hofer, Local Farmer and H&E Feeds Owner
Once all interviews were conducted and transcribed, staff selected quotes that best supported the
video’s objectives and key messages, put together a video script, and created a shot list of desired B-
roll. B-roll is supplemental video footage to intercut with on-camera interviews and help tell the story
visually. This footage was collected over several shoot days and at a variety of locations, such as
MWMC facilities, local riverfront parks, and even in a staff member’s home to show the connection of
water to our everyday lives. Staff made a list of needed graphics for the video and those were created
as well. Royalty free music was selected from an online stock music database to serve as the music
bed for the video. Incorporating each of these elements, staff edited the video in Adobe Premiere Pro
to put it all together, as well as enhance the audio and visual quality of each video clip included. The
draft of the Partnership Video that will be shown to the Commission at the July 9 meeting is the
product of those efforts.
Next Steps:
Staff will incorporate a few additional planned shots into the video and make final adjustments after
receiving feedback from the Commission. The video will then be distributed digitally through
channels such as the MWMC’s YouTube channel, website, social media accounts, and e-Newsletter.
Community partners who participated in the video and the cities of Eugene and Springfield and Lane
County will be encouraged to share to their channels as well. Additionally, the video will be used for
community and industry presentations.
ACTION REQUESTED
Commission input and discussion is requested.