RFP2024-117 Water Resue Study Final.pdf

REQUEST FOR PROPOSALS #2024-117

FOR

Water Reuse Feasibility Study

BOARD OF COUNTY COMMISSIONERS

TOOTIE SMITH, Chair

PAUL SAVAS, Commissioner MARK SHULL, Commissioner

MARTHA SCHRADER, Commissioner BEN WEST, Commissioner

Gary Schmidt

County Administrator

Tralee Whitley Contract Analyst

PROPOSAL CLOSING DATE, TIME AND LOCATION

DATE: January 15, 2025

TIME: 2:00 PM, Pacific Time

PLACE: Email: https://bidlocker.us/a/clackamascounty/BidLocker https://bidlocker.us/a/clackamascounty/BidLocker

RFP#2024-117 Water Reuse Feasibility Study Page ii

SCHEDULE

Request for Proposals Issued…….................................................. December 12, 2024

Protest of Specifications Deadline..................................................December 19, 2024, 5:00 PM, Pacific Time

Deadline to Submit Clarifying Questions....................................... January 8, 2025, 5:00 PM, Pacific Time

Request for Proposals Closing Date and Time……....................... January 15, 2025, 2:00 PM, Pacific Time

Deadline to Submit Protest of Award............................................. Seven (7) days from the Intent to Award

TABLE OF CONTENTS

Section 1 – Notice of Request for Proposals

Section 2 – Instructions to Proposers

Section 3 – Scope of Work

Section 4 – Evaluation and Selection Criteria

Section 5 – Proposal Content (Including Proposal Certification)

SECTION 1

NOTICE OF REQUEST FOR PROPOSALS

Notice is hereby given that Water Environment Services (“WES”), through its Board of County Commissioners, will receive sealed Proposals per specifications until 2:00 PM, January 15, 2025 (“Closing”), to provide Water Reuse Feasibility Study. No Proposals will be received or considered after that time.

RFP Documents can be downloaded from the state of Oregon procurement website (“OregonBuys”) at the following address https://oregonbuys.gov/bso/view/login/login.xhtml, Document No. S-C01010-00012300.

Prospective Proposers will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Proposers are responsible for obtaining any Addenda, clarifying questions, and Notices of Award from OregonBuys. Sealed Proposals are to be emailed to https://bidlocker.us/a/clackamascounty/BidLocker.

Submitting Proposals: Bid Locker Proposals will only be accepted electronically thru a secure online bid submission service, Bid Locker.

Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed proposal documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated in Section 1 or as modified by Addendum.

LATE PROPOSALS WILL NOT BE ACCEPTED.

C. Proposers must register and create a profile for their business with Bid Locker in order to submit for this project. It is free to register for Bid Locker.

D. Proposers with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects .

Contact Information Procurement Process and Technical Questions: Tralee Whitley at Twhitley@clackamas.us

The Board of County Commissioners reserves the right to reject any and all Proposals not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any and all Proposals upon the finding that it is in the public interest to do so and to waive any and all informalities in the public interest. In the award of the contract, the Board of County Commissioners will consider the element of time, will accept the Proposal or Proposals which in their estimation will best serve the interests of Clackamas County and will reserve the right to award the contract to the contractor whose Proposal shall be best for the public good.

Clackamas County encourages proposals from Minority, Women, and Emerging Small Businesses.

https://oregonbuys.gov/bso/view/login/login.xhtml https://bidlocker.us/a/clackamascounty/BidLocker https://bidlocker.us/a/clackamascounty/BidLocker https://www.clackamas.us/how-to-bid-on-county-projects mailto:Twhitley@clackamas.us

RFP#2024-117 Water Reuse Feasibility Study Page 2

SECTION 2

INSTRUCTIONS TO PROPOSERS

Clackamas County (“County”) reserves the right to reject any and all Proposals received as a result of this RFP. County Local Contract Review Board Rules (“LCRB”) govern the procurement process for the County.

2.1 Modification or Withdrawal of Proposal: Any Proposal may be modified or withdrawn at any time prior to the Closing deadline, provided that a written request is received by the County Procurement Division Director, prior to the Closing. The withdrawal of a Proposal will not prejudice the right of a Proposer to submit a new Proposal.

2.2 Requests for Clarification and Requests for Change: Proposers may submit questions regarding the specifications of the RFP. Questions must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, at the Procurement Division address as listed in Section 1 of this RFP.

Requests for changes must include the reason for the change and any proposed changes to the requirements.

The purpose of this requirement is to permit County to correct, prior to the opening of Proposals, RFP terms or technical requirements that may be unlawful, improvident or which unjustifiably restrict competition.

County will consider all requested changes and, if appropriate, amend the RFP. No oral or written instructions or information concerning this RFP from County managers, employees or agents to prospective Proposers shall bind County unless included in an Addendum to the RFP.

2.3 Protests of the RFP/Specifications: Protests must be in accordance with LCRB C-047-0730.

Protests of Specifications must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, or within three (3) business days of issuance of any addendum, at the Procurement Division address listed in Section 1 of this RFP. Protests may not be faxed. Protests of the RFP specifications must include the reason for the protest and any proposed changes to the requirements.

2.4 Addenda: If any part of this RFP is changed, an addendum will be provided to Proposers that have provided an address to the Procurement Division for this procurement. It shall be Proposers responsibility to regularly check OregonBuys for any notices, published addenda, or response to clarifying questions.

2.5 Submission of Proposals: Proposals must be submitted in accordance with Section 5. All Proposals shall be legibly written in ink or typed and comply in all regards with the requirements of this RFP. Proposals that include orders or qualifications may be rejected as irregular. All Proposals must include a signature that affirms the Proposer’s intent to be bound by the Proposal (may be on cover letter, on the Proposal, or the Proposal Certification Form) shall be signed. If a Proposal is submitted by a firm or partnership, the name and address of the firm or partnership shall be shown, together with the names and addresses of the members. If the Proposal is submitted by a corporation, it shall be signed in the name of such corporation by an official who is authorized to bind the contractor. The Proposals will be considered by the County to be submitted in confidence and are not subject to public disclosure until the notice of intent to award has been issued.

No late Proposals will be accepted. Proposals submitted after the Closing will be considered late and will be returned unopened. Proposals may not be submitted by telephone or fax.

2.6 Post-Selection Review and Protest of Award: County will name the apparent successful Proposer in a Notice of Intent to Award published on OregonBuys. Identification of the apparent successful Proposer is procedural only and creates no right of the named Proposer to award of the contract. Competing Proposers shall be given seven (7) calendar days from the date on the Notice of Intent to Award to review the file at the Procurement Division office and file a written protest of award, pursuant to LCRB C-047-0740. Any award protest must be in writing and must be delivered by hand-delivery or mail to the address for the Procurement Division as listed in Section 1 of this RFP.

Only actual Proposers may protest if they believe they have been adversely affected because the Proposer would be eligible to be awarded the contract in the event the protest is successful. The basis of the written protest must

RFP#2024-117 Water Reuse Feasibility Study Page 3 be in accordance with ORS 279B.410 and shall specify the grounds upon which the protest is based. In order to be an adversely affected Proposer with a right to submit a written protest, a Proposer must be next in line for award, i.e. the protester must claim that all higher rated Proposers are ineligible for award because they are non-responsive or non-responsible.

County will consider any protests received and:

a. reject all protests and proceed with final evaluation of, and any allowed contract language negotiation with, the apparent successful Proposer and, pending the satisfactory outcome of this final evaluation and negotiation, enter into a contract with the named Proposer; OR

b. sustain a meritorious protest(s) and reject the apparent successful Proposer as nonresponsive, if such Proposer is unable to demonstrate that its Proposal complied with all material requirements of the solicitation and Oregon public procurement law; thereafter, County may name a new apparent successful Proposer; OR

c. reject all Proposals and cancel the procurement.

2.7 Acceptance of Contractual Requirements: Failure of the selected Proposer to execute a contract and deliver required insurance certificates within ten (10) calendar days after notification of an award may result in cancellation of the award. This time period may be extended at the option of County.

2.8 Public Records: Proposals are deemed confidential until the “Notice of Intent to Award” letter is issued.

This RFP and one copy of each original Proposal received in response to it, together with copies of all documents pertaining to the award of a contract, will be kept and made a part of a file or record which will be open to public inspection. If a Proposal contains any information that is considered a TRADE SECRET under ORS 192.345(2), SUCH INFORMATION MUST BE LISTED ON A SEPARATE SHEET CAPABLE OF SEPARATION

FROM THE REMAINING PROPOSAL AND MUST BE CLEARLY MARKED WITH THE

FOLLOWING LEGEND:

“This information constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.”

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance” (ORS 192.345).

Therefore, non-disclosure of documents, or any portion of a document submitted as part of a Proposal, may depend upon official or judicial determinations made pursuant to the Public Records Law.

2.9 Investigation of References: County reserves the right to investigate all references in addition to those supplied references and investigate past performance of any Proposer with respect to its successful performance of similar services, its compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, its lawful payment of subcontractors and workers, and any other factor relevant to this RFP. County may postpone the award or the execution of the contract after the announcement of the apparent successful Proposer in order to complete its investigation.

2.10 RFP Proposal Preparation Costs and Other Costs: Proposer costs of developing the Proposal, cost of attendance at an interview (if requested by County), or any other costs are entirely the responsibility of the Proposer, and will not be reimbursed in any manner by County.

2.11 Clarification and Clarity: County reserves the right to seek clarification of each Proposal, or to make an award without further discussion of Proposals received. Therefore, it is important that each Proposal be submitted initially in the most complete, clear, and favorable manner possible.

2.12 Right to Reject Proposals: County reserves the right to reject any or all Proposals or to withdraw any item from the award, if such rejection or withdrawal would be in the public interest, as determined by County.

RFP#2024-117 Water Reuse Feasibility Study Page 4

2.13 Cancellation: County reserves the right to cancel or postpone this RFP at any time or to award no contract.

2.14 Proposal Terms: All Proposals, including any price quotations, will be valid and firm through a period of one hundred and eighty (180) calendar days following the Closing date. County may require an extension of this firm offer period. Proposers will be required to agree to the longer time frame in order to be further considered in the procurement process.

2.15 Oral Presentations: At County’s sole option, Proposers may be required to give an oral presentation of their Proposals to County, a process which would provide an opportunity for the Proposer to clarify or elaborate on the Proposal but will in no material way change Proposer’s original Proposal. If the evaluating committee requests presentations, the Procurement Division will schedule the time and location for said presentation. Any costs of participating in such presentations will be borne solely by Proposer and will not be reimbursed by County. Note: Oral presentations are at the discretion of the evaluating committee and may not be conducted;

therefore, written Proposals should be complete.

2.16 Usage: It is the intention of County to utilize the services of the successful Proposer(s) to provide services as outlined in the below Scope of Work.

2.17 Review for Responsiveness: Upon receipt of all Proposals, the Procurement Division or designee will determine the responsiveness of all Proposals before submitting them to the evaluation committee. If a Proposal is incomplete or non-responsive in significant part or in whole, it will be rejected and will not be submitted to the evaluation committee. County reserves the right to determine if an inadvertent error is solely clerical or is a minor informality which may be waived, and then to determine if an error is grounds for disqualifying a Proposal. The Proposer’s contact person identified on the Proposal will be notified, identifying the reason(s) the Proposal is non-responsive. One copy of the Proposal will be archived and all others discarded.

2.18 RFP Incorporated into Contract: This RFP will become part of the Contract between County and the selected contractor(s). The contractor(s) will be bound to perform according to the terms of this RFP, their Proposal(s), and the terms of the Sample Contract.

2.19 Communication Blackout Period: Except as called for in this RFP, Proposers may not communicate with members of the Evaluation Committee or other County employees or representatives about the RFP during the procurement process until the apparent successful Proposer is selected, and all protests, if any, have been resolved. Communication in violation of this restriction may result in rejection of a Proposer.

2.20 Prohibition on Commissions and Subcontractors: County will contract directly with persons/entities capable of performing the requirements of this RFP. Contractors must be represented directly.

Participation by brokers or commissioned agents will not be allowed during the Proposal process. Contractor shall not use subcontractors to perform the Work unless specifically pre-authorized in writing to do so by the County. Contractor represents that any employees assigned to perform the Work, and any authorized subcontractors performing the Work, are fully qualified to perform the tasks assigned to them, and shall perform the Work in a competent and professional manner. Contractor shall not be permitted to add on any fee or charge for subcontractor Work. Contractor shall provide, if requested, any documents relating to subcontractor’s qualifications to perform required Work.

2.21 Ownership of Proposals: All Proposals in response to this RFP are the sole property of County, and subject to the provisions of ORS 192.410-192.505 (Public Records Act).

2.22 Clerical Errors in Awards: County reserves the right to correct inaccurate awards resulting from its clerical errors.

RFP#2024-117 Water Reuse Feasibility Study Page 5

2.23 Rejection of Qualified Proposals: Proposals may be rejected in whole or in part if they attempt to limit or modify any of the terms, conditions, or specifications of the RFP or the Sample Contract.

2.24 Collusion: By responding, the Proposer states that the Proposal is not made in connection with any competing Proposer submitting a separate response to the RFP, and is in all aspects fair and without collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of County has a pecuniary interest in this Proposal.

2.25 Evaluation Committee: Proposals will be evaluated by a committee consisting of representatives from County and potentially external representatives. County reserves the right to modify the Evaluation Committee make-up in its sole discretion.

2.26 Commencement of Work: The contractor shall commence no work until all insurance requirements have been met, the Protest of Awards deadline has been passed, any protest have been decided, a contract has been fully executed, and a Notice to Proceed has been issued by County.

2.27 Best and Final Offer: County may request best and final offers from those Proposers determined by County to be reasonably viable for contract award. However, County reserves the right to award a contract on the basis of initial Proposal received. Therefore, each Proposal should contain the Proposer’s best terms from a price and technical standpoint. Following evaluation of the best and final offers, County may select for final contract negotiations/execution the offers that are most advantageous to County, considering cost and the evaluation criteria in this RFP.

2.28 Nondiscrimination: The successful Proposer agrees that, in performing the work called for by this RFP and in securing and supplying materials, contractor will not discriminate against any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class protected by applicable law.

RFP#2024-117 Water Reuse Feasibility Study Page 6

SECTION 3

SCOPE OF WORK

3.1. INTRODUCTION

Clackamas Water Environment Services (WES, District) is seeking Proposals from vendors to provide services for the Tri City Water Resource Recovery Facility (“TCWRRF”) Water Reuse Feasibility Study.

Proposers should demonstrate their firm’s capabilities to successfully complete this project within the allowed schedule. Firm qualifications and approach to the study will drive the selection process. WES will develop an agreement with the selected firm.

Please direct all Technical/Specifications or Procurement Process Questions to the indicated representative referenced in the Notice of Request for Proposals and note the communication restriction outlined in Section 2.19.

3.2 BACKGROUND

Clackamas Water Environment Services, an intergovernmental partnership formed pursuant to ORS 190, owns and operates over 340 miles of wastewater conveyance infrastructure and five wastewater treatment facilities.

Constructed as a conventional activated sludge (CAS) treatment facility in the mid 1980’s, Tri City WRRF is the largest of WES’s treatment facilities. Since that time, the facility has received several improvements, notably a capacity expansion around 2012 that added a second secondary treatment train based on membrane bioreactor (MBR) technology with UV disinfection. The MBR train runs in parallel with the original CAS train.

The MBR produces a Class A effluent as defined by Oregon DEQ at OAC 340-005- 0005. The volume treated via the MBR varies by season and CAS side competence. Of the water treated by MBR, TC diverts one-half to one million gallons per day of the effluent for in plant use and blends the remainder with the CAS side before discharging into the Willamette River.

WES objective is to minimize blending but not adversely impact plant operations or NPDES permit compliance. The goal is to understand the amount of Class A water WES could make available for reuse outside of the plant during each permit cycle.

GRANT FROM OREGON WATER RESOURCES DEPARTMENT (OWRD)

The Oregon Water Resources Department (OWRD) awarded WES a grant to fund this feasibility study.

3.3. SCOPE OF WORK

3.3.1. Scope:

The services sought by this RFP include the following:

1. Evaluate and understand the quantity of MBR effluent that could be available for reuse to a third party during winter and summer months as defined in Schedule A of TC’s NPDES permit issued May 2024. The analysis will assume normal CAS side operation. Essentially, how much water and when, without affecting permit limits or plant operations.

RFP#2024-117 Water Reuse Feasibility Study Page 7

2. Understand history of the CAS side being unable to meet permit without addition of MBR water.

3. Determine seasonal quantities of MBR effluent available when only outfall 001 is in use.

4. Determine seasonal quantities of MBR effluent available when only outfall 002 is in use.

5. Determine seasonal quantities of MBR effluent available when outfalls 001 and 002 are in use concurrently.

6. Understand feasibility of reducing CAS side treatment, during each permit cycle, in favor of increased volume through the MBR to further increase available Class A water for reuse. This includes understanding any operational challenges in reducing flow to the CAS side during seasonal flows and the impact to the MBR of increased flows.

Proposer will provide the following information:

• Describe the approach to this study

• Define what additional data is needed that is not in the available information listed below

• Define the final deliverable

After consultant selection, WES will provide the data requested by the consultant in their proposal . WES may accommodate, at WES discretion, additional data requests not identified in the proposal.

Proposers should assume that:

1. Gallons of water from the MBR used for plant process water cannot be reduced.

2. CAS side is functioning normally. Problems on the CAS side can result in the need for more MBR water as a diluent.

3. Outfall 002 will be fully functional by early 2026.

The following items are included and incorporated within this RFP:

• 2023 Feasibility Study Grant Application (24 pages)

• NPDES Waste Discharge Permit Issued May 2024 and NPDES Permit Renewal Fact

Sheet (128 Pages)

3.3.2. Work Schedule:

WES must receive the final deliverable for this work no later than 12:00 noon on June 30, 2025. Work performed after this date will not be compensated.

3.3.3. Term of Contract:

The term of the contract shall be from the effective date through December 31, 2029.

3.3.4 Sample Contract: Submission of a Proposal in response to this RFP indicates Proposer’s willingness to enter into a contract containing substantially the same terms (including insurance requirements) of the sample contract identified below. No action or response to the sample contract is required under this RFP. Any objections to the sample contract terms should be raised in accordance with Paragraphs 2.2 or 2.3 of this RFP, pertaining to requests for clarification or change or protest of the

RFP#2024-117 Water Reuse Feasibility Study Page 8

RFP/specifications, and as otherwise provided for in this RFP. This RFP and all supplemental information in response to this RFP will be a binding part of the final contract.

The applicable Sample Personal Services Contract for this RFP can be found at https://www.clackamas.us/finance/terms.html.

Personal Services Contract (unless checked, item does not apply)

The following paragraphs of the Professional Services Contract will be applicable:

Article I, Paragraph 5 – Travel and Other Expense is Authorized Article II, Paragraph 27 – Confidentiality Article II, Paragraph 28 – Criminal Background Check Requirements Article II, Paragraph 29 – Key Persons Exhibit A – On-Call Provision

The following insurance requirements will be applicable:

Commercial General Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for Bodily Injury and Property Damage.

Professional Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for damages caused by error, omission or negligent acts.

Automobile Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage.

https://www.clackamas.us/finance/terms.html

RFP#2024-117 Water Reuse Feasibility Study Page 9

SECTION 4

EVALUATION PROCEDURE

4.1 An evaluation committee will review all Proposals that are initially deemed responsive and they shall rank the Proposals in accordance with the below criteria. The evaluation committee may recommend an award based solely on the written responses or may request Proposal interviews/presentations.

Interviews/presentations, if deemed beneficial by the evaluation committee, will consist of the highest scoring Proposers. The invited Proposers will be notified of the time, place, and format of the interview/presentation. Based on the interview/presentation, the evaluation committee may revise their scoring.

Written Proposals must be complete and no additions, deletions, or substitutions will be permitted during the interview/presentation (if any). The evaluation committee will recommend award of a contract to the final County decision maker based on the highest scoring Proposal. The County decision maker reserves the right to accept the recommendation, award to a different Proposer, or reject all Proposals and cancel the RFP.

Proposers are not permitted to directly communicate with any member of the evaluation committee during the evaluation process. All communication will be facilitated through the Procurement representative.

4.2 Evaluation Criteria

Category Points available:

Background and qualifications of project team 0-40 Project Understanding and Approach 0-40 Cost and Schedule 0-20

Available points 0-100

4.3 Once a selection has been made, the County will enter into contract negotiations. During negotiation, the County may require any additional information it deems necessary to clarify the approach and understanding of the requested services. Any changes agreed upon during contract negotiations will become part of the final contract. The negotiations will identify a level of work and associated fee that best represents the efforts required. If the County is unable to come to terms with the highest scoring Proposer, discussions shall be terminated and negotiations will begin with the next highest scoring Proposer. If the resulting contract contemplates multiple phases and the County deems it is in its interest to not authorize any particular phase, it reserves the right to return to this solicitation and commence negotiations with the next highest ranked Proposer to complete the remaining phases.

RFP#2024-117 Water Reuse Feasibility Study Page 10

SECTION 5

PROPOSAL CONTENTS

5.1. Vendors must observe submission instructions and be advised as follows:

5.1.1. Complete Proposals must be emailed to https://bidlocker.us/a/clackamascounty/BidLocker. The subject line of the email must identify the RFP title. Proposers are encouraged to contact Procurement to confirm receipt of the Proposal.

5.1.2. County reserves the right to solicit additional information or Proposal clarification from the vendors, or any one vendor, should the County deem such information necessary.

5.1.3. Proposal may not exceed a total of 15 pages (double-sided), inclusive of all exhibits, attachments, title pages, pages separations, table of contents, or other information. The Proposal Certification Page will NOT count towards the final page count.

Provide the following information in the order in which it appears below:

5.2 Cover Letter:

The cover letter should identify the proposing entity, the contact for the procurement and contract negotiation process, and be signed by an authorized representative or official.

5.3. Background and Qualifications of Project Team (40 Points):

• Description of the firm.

• Credentials/experience of key individuals that would be assigned to this project.

• The firm's (including partners and sub-consultants) accomplishments in water reuse projects similar in scope

• Description of the firm’s ability to meet the requirements in Section 3.

• Description of what distinguishes the firm from other firms performing a similar service.

5.4 Project Understanding and Approach (40 Points):

This criterion relates to the Proposer’s understanding of the project and the methodology and course of action used to meet the goals and objectives of the project. The issue is whether the Proposer has a clear and concise understanding of the project based on existing information. Provide a description of the following:

• Proposer’s understanding of the project as demonstrated in the RFP Section 3, and specifically answering:

o Describe the approach to this study o Define what additional data is needed that is not in the available information o Define the final deliverable

• Proposer’s awareness of project requirements to produce the necessary project deliverables on schedule and within budget.

• Proposer’s understanding of how the CAS and MBR operate together, permit requirements and the impact of CAS side performance on the need for MBR water in the final effluent discharged to the river.

5.5. Cost and Schedule (20 Points):

Fees should be on a fixed fee basis with a not to exceed total. Fees should be sufficiently descriptive to facilitate acceptance of a Proposal. List the not-to-exceed amount you propose for the service. Provide total cost for all work. No additional fees will be considered after the proposal is submitted.

5.6. Completed Proposal Certification (see the below form)

https://bidlocker.us/a/clackamascounty/BidLocker

RFP#2024-117 Water Reuse Feasibility Study Page 11

PROPOSAL CERTIFICATION

RFP #2024-117

Submitted by:

(Must be entity’s full legal name, and State of Formation)

Each Proposer must read, complete and submit a copy of this Proposal Certification with their Proposal. Failure to do so may result in rejection of the Proposal. By signature on this Proposal Certification, the undersigned certifies that they are authorized to act on behalf of the Proposer and that under penalty of perjury, the undersigned will comply with the following:

SECTION I. OREGON TAX LAWS: As required in ORS 279B.110(2)(e), the undersigned hereby certifies that, to the best of the undersigned’s knowledge, the Proposer is not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means the tax laws of the state or a political subdivision of the state, including ORS 305.620 and ORS chapters 316, 317 and 318. If a contract is executed, this information will be reported to the Internal Revenue Service. Information not matching IRS records could subject Proposer to 24% backup withholding.

SECTION II. NON-DISCRIMINATION: That the Proposer has not and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation, gender identity, national origin, or any other protected class. Nor has Proposer or will Proposer discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055.

SECTION III. CONFLICT OF INTEREST: The undersigned hereby certifies that no elected official, officer, agent or employee of Clackamas County is personally interested, directly or indirectly, in any resulting contract from this RFP, or the compensation to be paid under such contract, and that no representation, statements (oral or in writing), of the County, its elected officials, officers, agents, or employees had induced Proposer to submit this Proposal. In addition, the undersigned hereby certifies that this proposal is made without connection with any person, firm, or corporation submitting a proposal for the same material, and is in all respects fair and without collusion or fraud.

SECTION IV. COMPLIANCE WITH SOLICITATION: The undersigned further agrees and certifies that they:

1. Have read, understand and agree to be bound by and comply with all requirements, instructions, specifications, terms and conditions of the RFP (including any attachments); and

2. Are an authorized representative of the Proposer, that the information provided is true and accurate, and that providing incorrect or incomplete information may be cause for rejection of the Proposal or contract termination; and

3. Will furnish the designated item(s) and/or service(s) in accordance with the RFP and Proposal; and

4. Will use recyclable products to the maximum extend economically feasible in the performance of the contract work set forth in this RFP.

Name:_______________________________________ Date:______________________________________

Signature:____________________________________ Title:______________________________________

Email:_______________________________________ Telephone:_________________________________

Oregon Business Registry Number:________________ OR CCB # (if applicable):________________________

Business Designation (check one):

Corporation Partnership Sole Proprietorship Non-Profit Limited Liability Company

Resident Quoter, as defined in ORS 279A.120 Non-Resident Quote. Resident State:__________________________

Department of Environmental Quality Northwest Region Portland Office/Water Quality 700 NE Multnomah Street, Suite 600

Tina Kotek, Governor Portland, OR 97232

(503) 229-5696

FAX (503) 229-6124

TTY 711

May 2, 2024

Greg Geist Water Environment Services 150 Beavercreek Road Ste 430 Oregon City, OR 97045-4302

CERTIFIED MAIL NO. 7020 0640 0001 2605 2391

RETURN RECEIPT REQUESTED

RE: Issuance of NPDES Permit no. 101168 File no. 89700 EPA no. OR0031259 Facility: WES (Tri-City WRRF), 15941 Agnes Ave., Oregon City Clackamas County

Your National Pollutant Disposal Elimination System Permit has been renewed and is enclosed.

This permit is DEQ’s final action on permit renewal application no. 957864. DEQ received comments during the public notice period. Changes made to the permit based on public comment are addressed in the response to comments memorandum included with your permit.

Your permit is effective on June 1, 2024. Please read your permit carefully. Compliance with your permit is required at all times.

If you are dissatisfied with the conditions of this permit, you have 20 days to request a hearing before the Environmental Quality Commission or its authorized representative. A request for a hearing must be made in writing and state the grounds for the request. Any hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 011. If a hearing is requested, the existing permit continues in effect until a final order is issued.

Please note that your treatment system will need to be supervised by an operator with at least a Grade IV Operator Certificate and that your required operator certification levels are no longer listed on the face page of your permit. Pursuant to OAR chapter 340, division 049 your systems are classified as follows:

Collection System: Class IV Treatment System: Class IV

If changes are made to your systems or if you have additional questions about operator certification requirements, please contact the DEQ Operator Certification program at opcert@deq.state.or.us , call 503-229-5349, or visit the website:

Water Environment Services NPDES Permit Renewal May 2, 2024 https://www.oregon.gov/deq/wq/wqpermits/Pages/Wastewater-Operator-Certification.aspx.

Current classifications for all systems requiring certified operators may be found at https://www.deq.state.or.us/wq/opcert/Docs/OpcertReport.pdf.

If you are interested in upgrading your wastewater treatment infrastructure or need assistance with treatment system design, DEQ’s Clean Water State Revolving Fund offers below-market rate loans for qualified applicants to finance the planning, design, and construction of water quality improvement projects. DEQ updates interest rates are updated quarterly, and rates vary by loan term, type of loan and community economic conditions. DEQ works with borrowers to ensure access to the best rates available at the time of loan signature. To learn more about eligible water quality projects and application process, please visit the Clean Water State Revolving Fund website at https://www.oregon.gov/deq/wq/cwsrf/Pages/default.aspx or call

503-229-LOAN.

If you have any questions about your permit requirements, please contact Mike Pinney at 503- 229-5310 or mike.pinney@deq.oregon.gov.

Sincerely, Tiffany Yelton-Bram Water Quality Manager Northwest Region

TYB:th Enclosure: Permit, Permit Fact Sheet, and Response to Comments ec: Regional File, Portland DEQ

Mike Pinney, Portland, DEQ Mark Hynson, Portland, DEQ Ron Wierenga, WES WQ Data Crew, DEQ w/permit EPA, Seattle /permit

ORMS

DEQ Wastewater Operator Certification Program

Expiration Date: April 30, 2029 EPA Ref. Number: OR0031259 Permit Number: 101168 File Number: 89700 Page 1 of 53 Pages

Revision 1.2024 Version 8.1

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WASTE DISCHARGE PERMIT

Oregon Department of Environmental Quality Northwest Region – Portland Office 700 NE Multnomah St., Suite 600

Portland, OR 97232 Telephone: 503-229-5263

Issued pursuant to ORS 468B.050 and the federal Clean Water Act.

ISSUED TO: SOURCES COVERED BY THIS PERMIT:

Water Environment Services 150 Beavercreek Road Suite 430 Oregon City, OR 97045

Type of Waste Outfall Number Outfall Location

Treated Wastewater

45.3704/-122.6050

45.3659/-122.6036 (approx.)

Recycled Water Reuse

Specified in Recycled Water Use Plan (when prepared)

Biosolids N/A Specified in Biosolids Management/Land Application Plan

FACILITY LOCATION: RECEIVING STREAM INFORMATION:

Tri-City Water Resources Recovery Facility 15941 S Agnes Avenue

Receiving Stream/NHD name: Willamette USGS 12-Digit HUC: 170900070405 ORWD Administrative Basin: Willamette NHD Reach Code & % along reach: 17090007000034-37% and 95.5% ODEQ LLID & RM: 1227618456580-RM 25.0 and 25.3 Integrated Report Assessment Unit ID:

OR_SR_170900704_88_104020

Oregon City, OR 97045 County: Clackamas EPA Permit Type: Major

Issued in response to Application No. 957864 received October 19, 2015. This permit is issued based on the land use findings in the permit record.

May 2, 2024 June 1, 2024 Tiffany Yelton-Bram, WQ Manager Northwest Region

Issuance Date Effective Date

PERMITTED ACTIVITIES

Until this permit expires or is modified or revoked, the permittee is authorized to: 1) operate a wastewater collection, treatment, control and disposal system; and 2) discharge treated wastewater to waters of the state only from the authorized discharge point or points in Schedule A in conformance with the requirements, limits, and conditions set forth in this permit.

Permit Number: 101168 File Number: 89700 Page 2 of 53 Pages

Revision 1.2024 Version 8.1

Unless specifically authorized by this permit, by another NPDES or Water Pollution Control Facility permit, or by Oregon statute or administrative rule, any other direct or indirect discharge of pollutants to waters of the state is prohibited.

Permit Number: 101168 File Number: 89700 Page 3 of 53 Pages

Revision 1.2024 Version 8.1

TABLE OF CONTENTS

SCHEDULE A: WASTE DISCHARGE LIMITS

1. Outfalls 001 and 002 – Combined Permit Limits

2. Outfall 001 – Permit Limits

3. Regulatory Mixing Zone

4. Use of Recycled Water

5. Biosolids

6. Mercury Minimization Plan

SCHEDULE B: MINIMUM MONITORING AND REPORTING REQUIREMENTS

1. Reporting Requirements

2. Monitoring and Reporting Protocols

3. Monitoring and Reporting Requirements

4. Copper Biotic Ligand Model and Aluminum Parameters

5. Effluent Toxics Characterization Monitoring (Tier 1 Monitoring)

6. Additional Receiving Stream and Effluent Characterization Monitoring (Tier 2 Monitoring)

7. Whole Effluent Toxicity (WET) Requirements

8. Biosolids Monitoring Requirements

9. Recycled Water Monitoring Requirements: Outfall 003

10. Pretreatment Monitoring

SCHEDULE C: COMPLIANCE SCHEDULE

1. Compliance Schedule to Meet Final Effluent Limits

2. Responsibility to Meet Compliance Dates

SCHEDULE D: SPECIAL CONDITIONS

1. Inflow and Infiltration

2. Emergency Response and Public Notification Plan

3. Recycled Water Use Plan

4. Exempt Wastewater Reuse at the Treatment System

5. Biosolids Management Plan

6. Wastewater Solids Transfers

7. Whole Effluent Toxicity Testing for Freshwater

8. Operator Certification

9. Outfall Inspection for Outfall 001 and Outfall 002 As-Builts

SCHEDULE E: PRETREATMENT ACTIVITIES

1. Program Administration

2. Legal Authorities

3. Industrial User Survey

4. National Pretreatment Standards

5. Local Limits

6. Control Mechanisms

7. Hauled Waste Control Plan

8. Pretreatment Monitoring

9. Slug Control Plans

10. Enforcement

11. Public Notice of Significant Noncompliance

12. Data and Information Management

13. Annual Pretreatment Program Report

14. Pretreatment Program Modifications

SCHEDULE F: NPDES GENERAL CONDITIONS

Permit Number: 101168 File Number: 89700 Page 4 of 53 Pages

Revision 1.2024 Version 8.1

LIST OF TABLES

Table A1: Outfalls 001 and 002 Combined Permit Limits Table A2: Outfall 001 Permit Limits Table A3: Recycled Water Limits Table A4: Biosolids Limits Table B1: Reporting Requirements and Due Dates Table B2: Influent Monitoring Requirements Table B3: Effluent Monitoring Requirements for Outfalls 001 and 002 Table B4: Copper Biotic Ligand Model and Aluminum Sampling Requirements Table B5: Metals, Cyanide, and Hardness Table B6: Volatile Organic Compounds Table B7: Acid-Extractable Compounds Table B8: Base-Neutral Compounds Table B9: WET Test Monitoring Table B10: Biosolids Monitoring Table B11: Biosolids Minimum Monitoring Frequency Table B12: Recycled Water Monitoring Table B13: Pretreatment Monitoring Table C1: Compliance Schedule for Ammonia

Permit Number: 101168 File Number: 89700 Page 5 of 53 Pages

Revision 1.2024 Version 8.1

SCHEDULE A: WASTE DISCHARGE LIMITS

1. Outfalls 001 and 002 – Combined Permit Limits

During the term of this permit, the combined discharges from Outfalls 001 and 002 must comply with the limits in the following table:

Table A1: Outfalls 001 and 002 Combined Permit Limits

Parameter Units Average Monthly

(See note a.)

Average Weekly

(See note a.)

Daily Maximum (See note a.)

CBOD5 (May 1 – October 31) mg/L 10 15 -lb/day 1500 2300 3000

% removal 85 - -

TSS (May 1 – October 31) mg/L 10 15 -lb/day 1500 2300 3000

% removal 85 - -

CBOD5

(November 1 – April 30) mg/L 25 40 -lb/day 5600 8400 11,000

% removal 85 - -

TSS (November 1 – April 30) mg/L 30 45 -lb/day 5600 8400 11,000

% removal 85 - -pH SU Instantaneous limit between a daily minimum of 6.0 and a daily maximum of 9.0

E. coli (See note b.)

#/100 mL Must not exceed a monthly geometric mean of 126, no single sample may exceed 406

Excess Thermal Load Limit

(ETLL)

(June 1 – September 30) (See note c.)

Mkcal/day

Option A: 156 as a 7-day rolling average

Option B: (0.00611 x Qr) + 111 as a 7-day rolling average

Notes:

a. Maximum loadings and concentrations allowed when one or both outfalls are discharging.

b. If a single sample exceeds 406 organisms/100 mL, the permittee may take at least 5 consecutive re-samples at 4-hour intervals beginning within 28 hours after the original sample was taken. A geometric mean of the 5 re-samples that is less than or equal to 126 E. coli organisms/100 mL demonstrates compliance with the limit.

c. The permittee must select either Option A or Option B as the applicable 7-day rolling average Excess Thermal Load Limit (ETLL). If the permittee selects Option B, the permittee must calculate the daily ETLL using the above equation. The permittee must then calculate the 7-day rolling average ETLL using the appropriate equation for each day the Option B limit is selected. Qr = Daily average Willamette River flow (cfs). The permittee must use river flow data from the USGS stream flow gage number 14211720 (Willamette River at Portland) or another DEQ-approved data source. The minimum river flow value to be used is 5440 cfs, the 7Q10 low flow used in the TMDL.

Permit Number: 101168 File Number: 89700 Page 6 of 53 Pages

Revision 1.2024 Version 8.1

2. Outfall 001 – Permit Limits

During the term of this permit, the discharge from Outfall 001 must comply with the limits in the following table:

Table A2: Outfall 001 Permit Limits

Parameter (See note a.)

Units Average Monthly

Average Weekly

Daily Maximum

Chlorine, Total Residual (Year-round) (See note b.)

mg/L 0.02 - 0.04

Ammonia (Final) (May 1 – October 31) (See note c.)

mg/L 10.3 - 17.5

Notes:

a. Limits for listed parameter apply only to Outfall 001 when discharging within the time frames listed for each parameter. These limits do not apply to discharges through Outfall 002.

b. DEQ has established a Quantitation Limit of 0.05 mg/L for Total Residual Chlorine. Any analysis done for Total Residual Chlorine must have a quantitation limit that is either equal to or less than 0.05 mg/L. In cases where the average monthly or maximum daily limit for Total Residual Chlorine is lower than the Quantitation Limit, DEQ will use the reported Quantitation Limit as the compliance evaluation level.

c. Limits for ammonia become effective after completion of the compliance schedule in Schedule C.

3. Regulatory Mixing Zone

Pursuant to OAR 340-041-0053, the permittee is granted a regulatory mixing zone for Outfall 001 as described below:

The regulatory mixing zone is that portion of the Willamette River which extends 300 feet downstream of the point of discharge. The zone of initial dilution shall include that portion of the Willamette River which extends 30 feet downstream of the point of discharge.

Pursuant to OAR 340-041-0053, the permittee is granted a regulatory mixing zone for Outfall 002 as described below:

The regulatory mixing zone is that portion of the Willamette River which extends 300 feet downstream and 100 feet upstream of the diffuser section of the outfall. The zone of initial dilution is that portion of the Willamette River which extends 30 feet in all directions from the diffuser section of the outfall.

Permit Number: 101168 File Number: 89700 Page 7 of 53 Pages

Revision 1.2024 Version 8.1

4. Use of Recycled Water

The permittee is authorized to distribute recycled water if it is:

a. Treated and used according to the criteria listed in Table A3.

b. Managed in accordance with its DEQ-approved Recycled Water Use Plan unless exempt as provided in Schedule D.

c. Used in a manner and applied at a rate that does not adversely affect groundwater quality.

d. Applied at a rate and in accordance with site management practices that ensure continued agricultural, horticultural, or silvicultural production and does not reduce the productivity of the site.

e. Irrigated using sound irrigation practices to prevent:

i. Offsite surface runoff or subsurface drainage through drainage tile;

ii. Creation of odors, fly and mosquito breeding, or other nuisance conditions; and

iii. Overloading of land with nutrients, organics, or other pollutants.

Table A3: Recycled Water Limits

Class Level of Treatment

(after disinfection unless otherwise specified)

Beneficial Uses

A Class A recycled water must be oxidized, filtered, and disinfected.

Before disinfection, turbidity may not exceed:

An average of 2 NTUs within a 24-hour period.

5 NTUs more than five percent of the time within a 24-hour period.

10 NTUs at any time.

After disinfection, total coliform may not exceed:

A median of 2.2 organisms per 100 mL based on daily sampling over the last 7 days that analyses have been completed.

23 organisms per 100 mL in any single sample.

Class A recycled water may be used for:

Class B, Class C, Class D, and non-disinfected uses.

Irrigation for any agricultural or horticultural use.

Landscape irrigation of parks, playgrounds, school yards, residential landscapes, or other landscapes accessible to the public.

Commercial car washing or fountains when the water is not intended for human consumption.

Water supply source for non-restricted recreational impoundments.

B Class B recycled water must be oxidized and disinfected. Total coliform may not exceed:

A median of 2.2 organisms per 100 mL, based on the last 7 days that analyses have been completed.

23 total coliform organisms per 100 mL in any single sample.

Class B recycled water may be used for:

Class C, Class D, and non-disinfected uses.

Stand-alone fire suppression systems in commercial and residential building, non-residential toilet or urinal flushing, or floor drain trap priming.

Water supply source for restricted recreational impoundments.

Permit Number: 101168 File Number: 89700 Page 8 of 53 Pages

Revision 1.2024 Version 8.1

Class Level of Treatment

(after disinfection unless otherwise specified)

Beneficial Uses

C Class C recycled water must be oxidized and disinfected. Total coliform may not exceed:

A median of 23 total coliform organisms per 100 mL, based on results of the last 7 days that analyses have been completed.

240 total coliform organisms per 100 mL in any two consecutive samples.

Class C recycled water may be used for:

Class D and non-disinfected uses.

Irrigation of processed food crops;

irrigati…