SC:JG:JM:ep
Enclosures: 1) LAIF Statements for the Month Ending April 30, 2023. 2) Chandler Asset Management Transaction Ledger for the Month Ending April 30, 2023.
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Enclosure 1
17a
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Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount 4/3/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 496.14 1.00000 496.14 - 496.14 4/12/2023 Acquisitions Purchase GM Auto Receivable Trust 2023-2 A3 115,000.00 0.99997 114,996.84 - 114,996.84 4/12/2023 Acquisitions Purchase Hyundai Auto Receivables Trust 2023-A A3 155,000.00 0.99990 154,984.87 - 154,984.87 4/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 300,000.00 1.00000 300,000.00 - 300,000.00 4/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 375.00 1.00000 375.00 - 375.004/16/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,904.38 1.00000 1,904.38 - 1,904.384/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 47.67 1.00000 47.67 - 47.674/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 219.33 1.00000 219.33 - 219.334/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 678.00 1.00000 678.00 - 678.00 4/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 2,362.16 1.00000 2,362.16 - 2,362.164/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 933.17 1.00000 933.17 - 933.174/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,008.17 1.00000 1,008.17 - 1,008.174/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 358.42 1.00000 358.42 - 358.42 4/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 394.62 1.00000 394.62 - 394.624/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 3,817.50 1.00000 3,817.50 - 3,817.50 4/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 212.67 1.00000 212.67 - 212.674/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 47.33 1.00000 47.33 - 47.334/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 3,235.67 1.00000 3,235.67 - 3,235.674/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 9,847.82 1.00000 9,847.82 - 9,847.824/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 3,933.97 1.00000 3,933.97 - 3,933.97 4/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 10,808.37 1.00000 10,808.37 - 10,808.37 4/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,322.60 1.00000 4,322.60 - 4,322.60 4/18/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 279.75 1.00000 279.75 - 279.754/18/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 5,390.48 1.00000 5,390.48 - 5,390.48 4/20/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 121,263.19 1.00000 121,263.19 - 121,263.19 4/20/2023 Acquisitions Purchase FHLB Note 275,000.00 1.02668 282,337.00 1,375.00 283,712.00 4/20/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 11,282.22 1.00000 11,282.22 - 11,282.22 4/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 66.00 1.00000 66.00 - 66.00 4/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 294.00 1.00000 294.00 - 294.00 4/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 5,434.04 1.00000 5,434.04 - 5,434.04 4/21/2023 Acquisitions Purchase MasterCard Inc Callable Note Cont 2/9/28 400,000.00 1.03046 412,184.00 2,275.00 414,459.00 4/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,143.75 1.00000 1,143.75 - 1,143.75 4/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 557.84 1.00000 557.84 - 557.844/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 85.44 1.00000 85.44 - 85.44 4/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 169,671.54 1.00000 169,671.54 - 169,671.54 4/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 202,849.89 1.00000 202,849.89 - 202,849.894/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 2,428.75 1.00000 2,428.75 - 2,428.75 4/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 71,677.86 1.00000 71,677.86 - 71,677.86 4/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 172.00 1.00000 172.00 - 172.004/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 7,382.70 1.00000 7,382.70 - 7,382.70 4/15/2023 Dispositions Maturity US Treasury Note 300,000.00 1.00000 300,000.00 - (300,000.00) 4/25/2023 Dispositions Maturity FHLMC K031 A2 202,849.89 1.00000 202,849.89 - (202,849.89)4/17/2023 Dispositions Paydown American Express Credit Trust 2022-2 A - - - 678.00 (678.00) 4/17/2023 Dispositions Paydown Toyota Auto Receivables 2020-D A3 4,313.84 1.00000 4,313.84 8.76 (4,322.60)4/17/2023 Dispositions Paydown Toyota Auto Receivables Trust 2021-D A3 - - - 47.33 (47.33) City of Pico Rivera Portfolio
Chandler Investment Transactions
April 2023
Enclosure 2
Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
April 2023
4/17/2023 Dispositions Paydown John Deere Owner Trust 2022-A A3 - - - 212.67 (212.67) 4/17/2023 Dispositions Paydown John Deere Owner Trust 2021-A A3 3,799.47 1.00000 3,799.47 18.03 (3,817.50)4/17/2023 Dispositions Paydown John Deere Owner Trust 2022-B A3 - - - 358.42 (358.42) 4/17/2023 Dispositions Paydown Honda Auto Receivables Trust 2022-1 A3 - - - 219.33 (219.33) 4/17/2023 Dispositions Paydown John Deere Owner Trust 2020-B A3 2,357.31 1.00000 2,357.31 4.85 (2,362.16)4/17/2023 Dispositions Paydown John Deere Owner Trust 2021-B A3 - - - 47.67 (47.67) 4/17/2023 Dispositions Paydown Toyota Auto Receivable Own 2020-A A3 10,779.46 1.00000 10,779.46 28.91 (10,808.37) 4/17/2023 Dispositions Paydown John Deere Owner Trust 2020-A A3 3,224.88 1.00000 3,224.88 10.79 (3,235.67)4/17/2023 Dispositions Paydown John Deere Owner Trust 2022-C A3 - - - 933.17 (933.17) 4/17/2023 Dispositions Paydown Mercedes-Benz Auto Receivables 2022-1 A2 - - - 1,008.17 (1,008.17) 4/17/2023 Dispositions Paydown Mercedes-Benz Auto Lease Trust 2021-B A3 9,808.27 1.00000 9,808.27 39.55 (9,847.82)4/17/2023 Dispositions Paydown Mercedes-Benz Auto Receivable 2023-1 A3 - - - 394.62 (394.62) 4/17/2023 Dispositions Paydown Nissan Auto Receivables Owner 2019-C A3 3,927.65 1.00000 3,927.65 6.32 (3,933.97)4/18/2023 Dispositions Paydown Honda Auto Receivables 2022-2 A3 - - - 279.75 (279.75) 4/18/2023 Dispositions Paydown Honda Auto Receivables Trust 2020-3 A3 5,377.77 1.00000 5,377.77 12.71 (5,390.48)4/20/2023 Dispositions Paydown Verizon Owner Trust 2020-B A 11,262.25 1.00000 11,262.25 19.97 (11,282.22) 4/21/2023 Dispositions Paydown Honda Auto Receivables Trust 2021-4 A3 - - - 66.00 (66.00) 4/21/2023 Dispositions Paydown Honda Auto Receivables Owner 2023-1 A3 - - - 294.00 (294.00) 4/21/2023 Dispositions Paydown Honda Auto Receivables Trust 2021-1 A3 5,421.06 1.00000 5,421.06 12.98 (5,434.04)4/25/2023 Dispositions Paydown FHLMC K031 A2 - - - 557.84 (557.84) 4/25/2023 Dispositions Paydown FHLMC K034 A2 70,618.25 1.00000 70,618.25 1,059.61 (71,677.86) 4/25/2023 Dispositions Paydown BMW Vehicle Lease Trust 2022-1 A3 7.52 1.00000 7.52 77.92 (85.44)4/25/2023 Dispositions Paydown FHLMC K032 A2 168,824.73 1.00000 168,824.73 846.81 (169,671.54) 4/25/2023 Dispositions Paydown FHLMC K054 A2 - - - 1,143.75 (1,143.75) 4/25/2023 Dispositions Paydown BMW Vehicle Lease Trust 2023-1 A3 - - - 172.00 (172.00) 4/25/2023 Dispositions Paydown BMW Vehicle Lease Trust 2021-2 A3 7,366.97 1.00000 7,366.97 15.73 (7,382.70)4/12/2023 Dispositions Sale First American Govt Obligation Fund Class Y 269,981.71 1.00000 269,981.71 - (269,981.71) 4/20/2023 Dispositions Sale FHLMC Note 405,000.00 0.99822 404,279.10 696.09 (404,975.19) 4/21/2023 Dispositions Sale First American Govt Obligation Fund Class Y 414,459.00 1.00000 414,459.00 - (414,459.00)4/17/2023 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 2,489.08 1.00000 2,489.08 - (2,489.08)4/26/2023 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 246.93 1.00000 246.93 - (246.93) 4/3/2023 Other Transactions Dividend First American Govt Obligation Fund Class Y 277,742.48 0.00179 496.14 - 496.14 4/15/2023 Other Transactions Interest US Treasury Note 300,000.00 0.00125 375.00 - 375.00 4/16/2023 Other Transactions Interest FHLMC Note 295,000.00 0.00063 184.38 - 184.38 4/16/2023 Other Transactions Interest International Finance Corp Note 250,000.00 0.00688 1,720.00 - 1,720.00 4/25/2023 Other Transactions Interest Bank of NY Mellon Corp Callable Note Cont 3/25/20 145,000.00 0.01675 2,428.75 - 2,428.75 Changes of Market Values and Accrued Interests (83,024.43) Net Investment Transactions $ (75,351.90) Beginning Balance as of 3/31/2023 31,288,579.74
Ending Balance as of 4/30/2023 $ 31,213,227.84
17b
A Regular Meeting of the Water Authority was held in the Parks and Recreation Community Room, 6767 Passons Boulevard, Pico Rivera, California.
Meeting was jointly held with the City Council and Water Authority. Items appear as listed on the combined agenda for the meeting of May 9, 2023.
Authority President Lutz called the meeting to order at 6:05 p.m.
PRESENT: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
PUBLIC COMMENTS: None
CONSENT CALENDAR:
Water Authority:
14. Minutes:
• Approved Water Authority meeting of March 28, 2023.
15. Water Main Replacement Projects (CIP No. 50078) – Award Professional Services Agreement for Design and Construction Support Services. (500)
1. Awarded a Professional Services Agreement to Tetra Tech, Inc. to provide design and construction support services for the Water Main Replacement Projects (CIP No. 50078) for an amount not-to-exceed $180,000; and
2. Authorized the Executive Director to execute an agreement in a form approved by the General Counsel.
Agreement No. 23-71
Motion by Vice President Lara, seconded by Commissioner Garcia to approve Consent Calendar Item Nos. 14 and 15. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA: None
ADJOURNMENT:
President Lutz adjourned the Water Authority meeting at 7:17 p.m. There being no objection it was so ordered.
Tuesday, May 9, 2023
18 5-9-23 Water Minutes
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
________________________________
Erik Lutz, President
ATTEST:
________________________________
Cynthia Ayala, Interim Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Water Authority regular meeting dated May 9, 2023, and received and filed by the Water Authority on June 13, 2023.
_______________________________
Cynthia Ayala, Interim Authority Secretary
To: President and Commissioners
From: Executive Director
Meeting Date: June 13, 2023
Subject: PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) –
EXECUTE PROFESSIONAL SERVICES AGREEMENTS
FOR ION EXCHANGE RESIN AND DESIGN SERVICES
Recommendation:
1. Approve a Professional Services Agreement (PSA) to complete the scope of work under Agreement No. 21-58, in the amount not-to-exceed $1,746,134, to Calgon Carbon Corporation (Calgon Corporation), for procurement of Ion Exchange (IX) resin for treatment of per and polyfluoroalkyl substances (PFAS) for the PFAS Treatment System Project (CIP No. 50042), and authorize the Executive Director to execute the agreement in a form approved by the General Counsel; and
2. Approve a PSA to complete the scope of work under Agreement No. 20-50, in the amount not-to-exceed $1,289,194, to Jacobs Engineering Group, Inc. (Jacobs Engineering), to provide engineering design and construction support services for treatment the PFAS Treatment System Project (CIP No. 50042) and authorize the Executive Director to execute the agreement in a form approved by the General Counsel.
Fiscal Impact:
Sufficient funding is available in GL Account No. 550.70.7340.54500-CIP.50042 for the proposed agreements, and no additional funding is required at this time.
Background:
On May 23, 2019, the Pico Rivera Water Authority (PRWA) was required to monitor perfluorooctanioic acid (PFOA) and perfluorooctaniesulfonic acid (PFOS), two (2) compounds within the PFAS family of chemicals, by the State Water Resources Control Board (SWRCB) and the Department of Drinking Water (DDW). The results showed that the levels for PFOA and PFOS had exceeded the notification levels set for PFOS at 13 parts per trillion (ppt) and PFOA at 14 ppt. On August 27, 2019, PRWA Commissioners were notified of California Health and Safety Code Section 116455 regarding the 19 WATER AUTHORITY AGENDA REPORT – MEETING OF JUNE 13, 2023 PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – EXECUTE
PROFESSIONAL SERVICES AGREEMENTS FOR ION EXCHANGE RESIN AND
DESIGN SERVICES
exceedance of the Notification Level (NL) for PFOA/PFOS and the detection levels in the groundwater supply. PRWA has continued to comply with SWRCB and DDW regulations including consumer notification of water quality in the Annual Consumer Confidence Report (CCR) and the required monitoring of each well.
In February 2020, DDW established a new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively. It has also established a new Response Level (RL) of 10 ppt and 40 ppt for PFOA and PFOS, respectively as well as providing a tentative schedule to regulate PFOA and PFOS by establishing a Maximum Contaminate Level (MCL’s) by winter of 2023.
DDW has also started the process of reviewing other PFAS compounds in addition to PFOA and PFOS for possible regulations, but a schedule for establishing NL, RL, or MCL’s has not yet been identified for said compounds.
On May 5, 2020, the SWRCB issued a general order to monitor PRWA wells beginning in the third quarter of 2020. The SWRCB recommends the removal of wells from service, if the well exceeds the new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively.
Additionally, the PRWA may be required to remove a well from service if the RL is 10 ppt and 40 ppt for PFOA and PFOS, respectively.
Discussion:
In order to comply with the SWRCB general orders above, the City has begun construction on water treatment facilities at City wells. The goal is to comply with the requirements so that no wells are removed from service. The treatment requires the purchase of filter media.
Pre-procurement of IX Resin for PFAS Treatment System
On August 10, 2021, PRWA authorized the pre-purchase of Ion Exchange Resin due to the current market’s extensive lead time for its production and delivery. Agreement No. 21-58 with Calgon Corporation was executed for a not-to-exceed amount of $2,494,477, for 8,480 cubic feet of Ion Exchange Resin for the PFAS treatment systems at PRWA Plant Nos. 1, 2, 3 and at Water Well No. 5.
The previous agreement between the City and Calgon Corporation, Agreement No. 21- 58, expired in May 2022. Therefore, a new agreement would enable Calgon Corporation to fulfill the delivery of the Ion Exchange medium for Plants No. 1, 2 and Water Well No. 5, initially outlined in Agreement No. 21-58. The amount to the agreement is being reduced from $2,494,477 to $1,746,134 to exclude the 2,544 cubic-feet portion of media for Plant 3, which will be purchased separately by the contractor as part of the future Phase 2 construction contract.
WATER AUTHORITY AGENDA REPORT – MEETING OF JUNE 13, 2023 PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – EXECUTE
PROFESSIONAL SERVICES AGREEMENTS FOR ION EXCHANGE RESIN AND
DESIGN SERVICES
Design Services and Technical Support During Construction On November 10, 2020, PRWA authorized consultant services to provide engineering services for the design, bidding, and construction support of the PFAS Treatment System Project. Agreement No. 20-50 with Jacobs Engineering was executed for an amount notto-exceed $1,289,194, for PFAS treatment systems at PRWA Plant Nos. 1, 2, 3 and at Water Well No. 5.
The previous agreement between the City and Jacobs Engineering, Agreement No. 20- 50, expired in November 2022. Therefore, a new agreement would enable Jacobs Engineering to fulfill the remaining Scope of Services that were initially outlined in Agreement No. 20-50. The construction is expected to be completed by the end of the year.
Conclusion:
Staff recommends awarding a Professional Services Agreement to Calgon Carbon Corporation for the purchase of 5,936 cubic feet of Ion Exchange Resin and complete the delivery of the Ion Exchange Media for Plants No. 1, 2 and Water Well No. 5 under Agreement No. 21-58, including fabrication, delivery and associated start-up services, for a price not-to-exceed $1,746,134. In addition, staff also recommends awarding a Professional Services Agreement to Jacobs Engineering Group, Inc., to complete the remaining design, bidding and construction support under Agreement No. 20-50 for the PFAS Treatment Systems at Plants No. 1, 2, 3 and Water Well No. 5, for a price not-toexceed $1,289,194 amount.
Steve Carmona
SC:NN:GE:ll
Enclosures: 1) Professional Services Agreement (Calgon Carbon Corporation) 2) Professional Services Agreement (Jacobs Engineering Group, Inc.) ENCLOSURE 1
AGREEMENT NO. _______
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE PICO RIVERA WATER AUTHORITY AND
CALGON CARBON CORPORATION
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the Pico Rivera Water Authority, a California municipal corporation (“PRWA”) and Calgon Carbon Corporation, (“Supplier”). PRWA and Supplier are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”
2. RECITALS
2.1 PRWA has determined that it requires professional services from a supplier to provide Ion Exchange Resin related to the PFAS Treatment Systems at Plant 1, Plant 2 and Well 5.
2.2 Supplier represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Supplier further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3 PRWA and Supplier previously entered into Agreement No. 21-58 Professional Service Agreement between the Pico Rivera Water Authority and Calgon Carbon Corporation for Ion Exchange Resin related to the PFAS Treatment Systems which expired in May 2022. PRWA and Supplier desire to enter into this Agreement for Supplier to complete the remaining Scope of Services under Agreement No. 21-58.
NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in the Supplier’s July 14, 2021, proposal to PRWA attached hereto as Exhibit “A” and incorporated herein by this reference.
3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Supplier’s July 14, 2021, proposal to PRWA attached hereto as Exhibit “B.”
3.3 “Commencement Date”: May 11, 2022
3.4 “Expiration Date”: May 11, 2024
19a
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.
5. SUPPLIER’S SERVICES
5.1 Supplier shall perform the services identified in the Scope of Services. PRWA shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Supplier under this Agreement exceed the sum of One Million Seven Hundred Forty-Six Thousand One Hundred Thirty-Three Dollars and Seventy-Six Cents ($1,746,133.76), unless specifically approved in advance, in writing, by PRWA.
5.2 Supplier shall perform all work to the highest professional standards of Supplier’s profession and in a manner reasonably satisfactory to PRWA.
6. COMPENSATION
6.1 PRWA agrees to compensate Supplier for the services provided under this Agreement, and Supplier agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Supplier shall submit to PRWA an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, PRWA shall notify Supplier in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, PRWA shall pay all undisputed amounts included on the invoice. PRWA shall not withhold applicable taxes or other authorized deductions from payments made to Supplier.
6.3 Payments for any services requested in writing by PRWA and not included in the Scope of Services shall be made to Supplier by PRWA on a time-and-materials basis using Supplier’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Supplier issues an invoice to PRWA for such services.
7. BUSINESS LICENSE
Supplier shall obtain a PRWA business license prior to commencing performance under this Agreement.
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
8. COMPLIANCE WITH LAWS
Supplier shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Supplier shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Supplier is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The PRWA, its officers and employees shall not be liable at law or in equity occasioned by failure of Supplier to comply with this Section.
9. CONFLICT OF INTEREST
Supplier covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Supplier under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Supplier shall not perform any work for another person or entity for whom Supplier was not working at the Commencement Date if both: (i) such work would require Supplier to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) PRWA has not consented in writing prior to Supplier’s performance of such work.
10. PERSONNEL
Supplier represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Supplier or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Supplier reserves the right to determine the assignment of its own employees to the performance of Supplier’s services under this Agreement, but PRWA reserves the right, for good cause, to require Supplier to exclude any employee from performing services on PRWA’s premises. Jeremy J. Jones, DWS Project Manager, shall be Supplier’s project administrator and shall have direct responsibility for management of Supplier’s performance under this Agreement. No change shall be made in Supplier’s project administrator without PRWA’s prior written consent.
11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Supplier in the performance of this Agreement shall be and remain the property of PRWA without restriction or limitation upon its use or dissemination by PRWA. Supplier may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Supplier. If any state, federal, or local law requires mandatory copyright protection for Supplier’s work product, PRWA shall comply with such laws to the extent feasible.
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
12. INDEPENDENT CONTRACTOR
12.1 Supplier is, and shall at all times remain as to PRWA, a wholly independent Contractor. Supplier shall have no power to incur any debt, obligation, or liability on behalf of PRWA or otherwise to act on behalf of PRWA as an agent. Neither PRWA nor any of its officers, employees or agents shall have control over the conduct of Supplier or any of Supplier’s employees, except as set forth in this Agreement. Supplier shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of PRWA.
12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Supplier or Supplier’s employees except as set forth in this Agreement.
12.3 PRWA shall have no direct or indirect control over Supplier’s employees or subsuppliers with respect to wages, hours, and working conditions. In addition, PRWA shall not deduct from the Compensation paid to Supplier any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Supplier, Supplier’s employees or subsuppliers. PRWA shall have no responsibility to provide Supplier, its employees or subsuppliers with workers’ compensation insurance or any other insurance.
12.4 The Parties further acknowledges the following: (i) that Supplier shall provide the services outlined in the Scope of Services directly to City; (ii) Supplier maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Supplier contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Supplier advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Supplier provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Supplier has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Supplier may set its own hours and location of work.
13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Supplier or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Supplier without prior written consent by PRWA. PRWA shall grant such consent if disclosure is legally required. Upon request, all PRWA data and any copies thereof shall be returned to PRWA upon the termination or expiration of this Agreement.
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
14. NON-LIABILITY OF PRWA OFFICIALS AND EMPLOYEES
No official or employee of the PRWA shall be personally liable to Supplier in the event of any default or breach by PRWA, or for any amount which may become due to Supplier.
15. INDEMNIFICATION
15.1 The Parties agree that PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to PRWA. Supplier acknowledges that PRWA would not enter into this Agreement in the absence of Supplier’s commitment to indemnify and protect PRWA as set forth herein. Notwithstanding the foregoing, to the extent Supplier's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Supplier.
15.2 To the full extent permitted by law, Supplier shall indemnify, hold harmless and defend PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Supplier or any of its officers, employees, servants, agents, or subsuppliers in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of PRWA’s choice and expert witness fees and supplier fees.
Notwithstanding the foregoing, to the extent Supplier's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Supplier.
15.3 PRWA shall have the right to offset against the amount of any compensation due Supplier under this Agreement any amount due PRWA from Supplier as a result of Supplier’s failure to pay PRWA promptly any indemnification arising under this Section 15 or related to Supplier’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.4 The obligations of Supplier under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Supplier expressly waives its statutory immunity under such statutes or laws as to PRWA, its officers, agents, employees and volunteers.
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
15.5 Supplier agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subsupplier or any other person or entity involved by, for, with or on behalf of Supplier in the performance of this Agreement. In the event Supplier fails to obtain such indemnity obligations from others as required herein, Supplier agrees to be fully responsible and indemnify, hold harmless and defend PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Supplier’s subsuppliers or any other person or entity involved by, for, with or on behalf of Supplier in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of PRWA’s choice and expert witness fees and supplier fees.
15.6 PRWA does not, and shall not, waive any rights that it may possess against Supplier because of the acceptance by PRWA, or the deposit with PRWA, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15.7 PERS ELIGIBILITY INDEMNITY. In the event that Supplier or any employee, agent, or subsupplier of Supplier providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the PRWA, Supplier shall indemnify, defend, and hold harmless PRWA for the payment of any employee and/or employer contributions for PERS benefits on behalf of Supplier or its employees, agents, or subsuppliers, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of PRWA.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Supplier and any of its employees, agents, and subsuppliers providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by PRWA, including but not limited to eligibility to enroll in PERS as an employee of PRWA and entitlement to any contribution to be paid by PRWA for employer contribution and/or employee contributions for PERS benefits.
16. INSURANCE
16.1 During the term of this Agreement, Supplier shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Supplier’s performance of Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Supplier providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment
16.1.1.2 Products and completed operations
16.1.1.3 Broad form property damage (including completed operations)
16.1.1.4 Explosion, collapse, and underground hazards
16.1.1.5 Personal Injury
16.1.1.6 Contractual liability
in the amount of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Supplier.
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Supplier, its employees or subsuppliers, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.2 Supplier shall require each of its subsuppliers, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
16.4 Supplier agrees that if it does not keep the aforesaid insurance in full force and effect PRWA may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Supplier’s expense, the premium thereon.
16.5 At all times during the term of this Agreement, Supplier shall maintain on file with PRWA’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
automobile liability policies, naming the PRWA as an additional insured. Supplier shall, prior to commencement of work under this Agreement, file with PRWA’s Risk Manager such certificate(s).
16.6 Supplier shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Supplier shall provide such proof to PRWA at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming PRWA, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to PRWA. Supplier agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
16.8 The general liability and automobile policies of insurance provided by Supplier shall be primary to any coverage available to PRWA. Any insurance or selfinsurance maintained by PRWA, its officers, employees, agents or volunteers, shall be in excess of Supplier’s insurance and shall not contribute with it.
16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Supplier, and Supplier’s employees, agents or subsuppliers, from waiving the right of subrogation prior to a loss. Supplier hereby waives all rights of subrogation against the PRWA.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the PRWA. At the option of PRWA, Supplier shall either reduce or eliminate the deductibles or self-insured retentions with respect to PRWA, or Supplier shall procure a bond guaranteeing payment of losses and expenses.
16.11 Procurement of insurance by Supplier shall not be construed as a limitation of Supplier’s liability or as full performance of Supplier’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
16.12 If Supplier maintains broader coverage and/or higher limits than the minimums shown above, the PRWA requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Supplier. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the PRWA.
17. MUTUAL COOPERATION
17.1 PRWA shall provide Supplier with all pertinent data, documents and other requested information as is reasonably available to PRWA for the proper performance of Supplier’s services under this Agreement.
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
17.2 In the event any claim or action is brought against PRWA relating to Supplier’s performance in connection with this Agreement, Supplier shall render any reasonable assistance that PRWA may require.
18. RECORDS AND INSPECTIONS
Supplier shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. PRWA shall have the right to access and examine such records, without charge, during normal business hours. PRWA shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
19. PERMITS AND APPROVALS
Supplier shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Supplier’s and PRWA’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
If to PRWA: If to Supplier:
Steve Carmona, Executive Director
Pico Rivera Water Authority
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Jeremy J. Jones,
DWS Project Manager
Calgon Carbon Corporation
3000 GSK Drive
Moon Township, PA 15108
With a courtesy copy to:
Arnold M. Alvarez-Glasman, General Counsel
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
Facsimile: (562) 692-2244
21. SURVIVING COVENANTS
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph
17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.
22. TERMINATION
22.1. PRWA shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Supplier. Supplier shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to PRWA. The effective date of termination shall be upon the date specified in the notice of termination.
Supplier agrees that in the event of such termination, PRWA’s obligation to pay Supplier shall be limited to payment only for those services satisfactorily rendered, as solely determined by the PRWA, prior to the effective date of termination. Supplier agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All PRWA data, documents, objects, materials or other tangible things shall be returned to PRWA upon the termination or expiration of this Agreement.
22.2 If PRWA terminates this Agreement due to no fault or failure of performance by Supplier, then Supplier shall be paid based on the work satisfactorily performed, as solely determined by the PRWA, at the time of termination. In no event shall Supplier be entitled to receive more than the amount that would be paid to Supplier for the full performance of the services required by this Agreement.
23. ASSIGNMENT
Supplier shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without PRWA’s prior written consent, and any attempt to do so shall be void and of no effect. PRWA shall not be obligated or liable under this Agreement to any Party other than Supplier.
24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
24.1 In the performance of this Agreement, Supplier shall not discriminate against any employee, subsupplier, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Supplier will take affirmative action to ensure that subsuppliers, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.2 Supplier will, in all solicitations or advertisements for employees placed by or on behalf of Supplier state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
24.3 Supplier will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
25. WARRANTIES
25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.
25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.
25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.
26. CAPTIONS
26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.
26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
27. NON-WAIVER
27.1 The waiver by PRWA or Supplier of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by PRWA of any payment to Supplier constitute or be construed as a waiver by PRWA of any breach of covenant, or any default which may then exist on the part of Supplier, and the making of any such Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
payment by PRWA shall in no way impair or prejudice any right or remedy available to PRWA with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by PRWA or Supplier unless in writing.
27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.
27.3 Supplier shall not be liable for any failure to perform if Supplier presents acceptable evidence, in PRWA’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Supplier.
28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.
29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.
32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between PRWA and Supplier with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.
Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by PRWA and Supplier.
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “PRWA” “SUPPLIER”
PICO RIVERA WATER AUTHORITY Calgon Carbon Corporation
______________________________ ___________________________________ Steve Carmona, President Jeremy J. Jones, DWS Project Manager Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, Authority Secretary Arnold M. Alvarez-Glasman, General Counsel
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
EXHIBIT A
SCOPE OF SERVICES
CITY OF PICO RIVERA
PUBLIC WORKS DEPARTMENT
6615 PASSONS BOULEVARD PICO
RIVERA, CA 90660
REQUEST FOR PROPOSALS (RFP)
PFAS TREATMENT SYSTEM
ION EXCHANGE RESIN
CIP 50042
Due: July 14th, 2021 @ 02:00 PM
Bid Submittal &
Supporting Documentation
Calgon Carbon Corporation
3000 GSK Drive
Moon Township, PA 15108
412-787-6771
Prepared by:
Charles Drewry, Senior Technical Sales Representative
Kimberly Tyson, Project Manager
Eli Townsend, Applications Engineer
Jeremy Jones, Bid Manager
PFAS - Calgon (Exhibit A)
001
Table of Contents
Submittal 1:
Submittal 2:
Submittal 3:
Submittal 4:
Submittal 5:
Submittal 6:
Cover Letter
Executive Summary
Proposer's Qualifications and Methodology
Project Completion Schedule
Cost Proposal
Appendix
PFAS - Calgon (Exhibit A)
002
Submittal No. 1
COVER LETTER
PFAS - Calgon (Exhibit A)
003
July 14, 2021
City of Pico Rivera
Gene Edwards, Senior Engineer
Public Works Department
6615 Passons Boulevard
Pico Rivera, CA 90660
Re: Request for Quotation (RFQ) for Ion Exchange Resin Media and Installation Dear Mr. Edwards,
I am pleased to present Calgon Carbon’s proposal in response to the above RFQ for your Cites PFAS removal project. Our team has prepared a comprehensive package to demonstrate the depth and breadth of Calgon Carbon’s capabilities and aptitude. Our experience in PFAS treatment systems spans back more than 15 years, making Calgon Carbon the most capable manufacturer and supplier in the industry. In addition to the information and details that respond directly to the RFQ, you will find supplement information on our, media, and PFAS treatment experience and research.
Calgon Carbon takes pride in contributing to our client’s success by managing and delivering large, complex drinking water projects. Specifically, you will find extensive documentation describing our numerous PFAS treatment installations throughout the county. Since the US EPA announced the Health Advisory Limit in 2016, Calgon Carbon has installed more than 180 vessels to treat PFAS contaminated drinking water, both carbon and resin. We have equipment and resin for the largest operational ion exchange PFAS system in the world, consisting of 14 vessels filled with our CalRes 2301 IX resin, for a project in Colorado, and we recently secured another large IX PFAS project in New Jersey. While these plants will have our CalRes 2301 resin we are continually looking at other resins. Our pilot plants are operating throughout the US.
We are also pleased to inform you that we will be able to utilize our Santa Fe Springs resin rinse station for your application. Pre rinsing of the resin prior to installation is important as this removes pre cursers in the resin. Pre rinsing is required to all resins in drinking water applications, all our perchlorate and PFAS resin exchanges are pre rinsed prior to installation. Our rinse station is within 45 miles of the site. This location will also store our resin for this project.
Calgon Carbon intends to perform the agreement as a single Proposer and will bear sole and complete responsibility for all work as defined in the RFP and in the agreed upon resultant Agreement, even if any of the work is performed by a sub supplier or manufacturer approved by PRWA. Our pricing is valid for 90 days.
As the number one supplier of PFAS treatment systems in the world, there is no company in the industry that can match Calgon Carbon’s experience, expertise, and production capabilities. Thank you for the opportunity to provide this proposal – should you have any questions about its contents, feel free to contact me at any time.
Sincerely,
Charles Drewry
Charles Drewry
Drinking Water Solutions Sales – ISEP/IX, 352-467-0103; [email protected] PFAS - Calgon (Exhibit A)
004
Submittal No. 2
EXECUTIVE SUMMARY
PFAS - Calgon (Exhibit A)
005
EXECUTIVE SUMMARY
Calgon Carbon has taken a unique approach to the perchlorate and PFAS removal market. Unlike other companies that utilize manufacturers’ resin, Calgon Carbon screens and designs new and improved resins. During the testing process we work to develop and produce resins specific to Calgon Carbon. Our resins are not sold by others but are manufactured to our specifications and have been proven to maintain the design flow rate after installation. Our CalRes 2301 resin, as recommended for this project, is a macroporous resin, which means the resin has a harder shell, allows larger molecules to enter the bead and has transport sites within the resin to allow for better performance in low ppt applications as compared to gel resins. The harder shell also resists compression at higher flows which can be an issue with gel resins. Should the resin become contaminated with bacteria the CalRes 2301 can withstand chlorine disinfection, gel resins cannot. Based upon past data we anticipate the CalRes 2301 media to provide ~100% longer runtime to breakthrough of PFOA.
Our field service staff has many years of experience handling IX resins for both perchlorate and PFAS application. We will utilize our Santa Fe Springs resin rinsing station for the pre rinsing of your resin. Kim Tyson Cain will be your designated project manager, 412 818 6784, [email protected], Mark Bailey will be your FS Manager, 510 918 4742’ [email protected] .
Our demonstrated success in the market, empowered by R&D and technical know-how and years of experience in equipment design, media, and fabrication, makes Calgon Carbon the most proficient company to fulfill your requirements.
PFAS - Calgon (Exhibit A)
006
0 1
2 3
4 5
6 7
8 9
10 0 20000 40000 60000 80000 100000 120000 140000
Bed Volumes (3 min EBCT)
Influent ~45 ng/L
Effluent - CalRes 2301
Effluent - Dowex PSR2+
PFAS - Calgon (Exhibit A)
007
Calgon Carbon History
When the United States entered World War II, coconut shells were the raw material used to produce granular activated carbon, the ltering agent in military gas masks. Faced with a shortage of this crucial war material, the government asked Pittsburgh Coke and Chemical to develop a substitute from a native material. In 1942, the Company produced an activated carbon product using bituminous coal, and that was the beginning of the rm now known as Calgon Carbon Corporation.
Throughout history, Calgon Carbon has been a pioneer in creating new activated carbon products, systems and services from the infancy stages to the current global industry. The Company currently offers carbon technologies used in over 700 distinct market applications from purifying air and drinking water, to purifying foods and pharmaceuticals, to separating gas and removing mercury emissions from coal-powered electrical facilities. As a leader in the activated carbon industry and with ultraviolet light disinfection and oxidation expertise, Calgon Carbon Corporation has originated cutting-edge puri cation systems for drinking water, wastewater, odor control, pollution abatement, and a variety of industrial and commercial manufacturing processes.
Innovations
Over 20 years ago, Calgon Carbon introduced an advanced UV oxidation process to remediate contaminated groundwater. In 1998, we followed that up with the rst radical breakthrough in the treatment of drinking water in decades, when our scientists invented a process that could be used to inactivate Cryptosporidium and other similar pathogens in surface water, rendering them harmless to humans. This inventive process placed Calgon Carbon on the leading edge of UV disinfection technology. With the Sentinel® line for drinking water, the C3 Series™ for wastewater, and the Rayox® line for groundwater and process water, Calgon Carbon continues to lead the marketplace with innovative UV technologies. From the use of granular activated carbon (GAC) for taste and odor removal in the early 1960’s, to the development of ultraviolet light technology for pathogen control in the late 1990’s, to the application of ion exchange technology for removing perchlorates starting in 2000, Calgon Carbon continues to be a pioneer in making water safer and cleaner.
A Tradition of Innovation
1942 - Pittsburgh Coke & Chemical Company, Inc. pioneers the development of coal-based granular activated carbon for use in military protection. 1955 - The "Pittsburgh Pulse Bed" system is introduced – the first activated carbon system for sugar decolorization. 1960 - The Activated Carbon Division of Pittsburgh Coke and Chemical pioneers the use of granular activated carbon in drinking water treatment. 1962 - The Activated Carbon Division reaches a major milestone when 40,000 pounds of bituminous coal-based granular activated carbon is installed for the Virginia-American Water Co., a subsidiary of the American Water Works Service Company, setting a new benchmark for drinking water quality. 1965 - Pittsburgh Activated Carbon Company (formerly Pittsburgh Coke & Chemical) is acquired by Calgon Corporation. 1967- Calgon Corporation is reorganized into six autonomous divisions, including the Pittsburgh Activated Carbon Company, responsible for its own marketing and manufacturing.
1968 - Calgon Corporation acquired by Merck and Co., Inc. 1970 - Chemviron, S.A, headquartered in Brussels, is established to market water pollution control systems, products and engineering services in Europe. 1978 - A joint venture is formed with Mitsui Chemicals, Inc. and Mitsui & Co., Ltd. 1985 - Calgon Carbon, a wholly-owned subsidiary of Merck and Co., Inc., is acquired by its management through a leveraged buyout. 1987 - Calgon Carbon completes initial public offering of common stock. 1991 - Calgon Carbon is listed on the New York Stock Exchange (NYSE), trading under the symbol CCC. 1993 - In the U.K., Thames Water Utilities, Ltd., grants Calgon Carbon exclusive rights to market its new Sandwich Filter technology for the removal of pesticides and other organic compounds from drinking water. 1996 - Calgon Carbon acquires the perox-pure business operations of Vulcan Peroxidation Systems, Inc., (Tucson, Arizona), and Solarchem Enterprises, Inc., (Toronto, Ontario, Canada). Calgon Carbon also acquires Advanced Separation Technologies Incorporated™ (Lakeland, Florida) and Charcoal Cloth (International) Ltd., a British manufacturer of activated carbon in cloth form. 1997 - Singapore-based marketing subsidiary Calgon Carbon Asia is formed, serving customers in Korea, Taiwan, the People's Republic of China, Southeast Asia, Australia, New Zealand and India.
1998 - Calgon Carbon launches two distinct products: Sentinel® ultraviolet (UV) disinfection system for the inactivation of Cryptosporidium and ISEP® continuous ion exchange system for perchlorate removal. 2002 - Calgon Carbon Corporation expands in Asia, starting up a manufacturing plant in China and forming a joint venture with Mitsubishi Chemical Corporation of Tokyo, Japan to produce and sell activated carbon and related services throughout Japan. 2004 - The company acquires Waterlink Specialty Products, known as Barnebey Sutcliffe in the United States, and Sutcliffe Speakman in Europe, to enhance capabilities in carbon reactivation, impregnation and on-site services. 2005 - Calgon Carbon Corporation and C. Gigantic Carbon (Gigantic) form a joint-venture company to provide carbon reactivation services to the Thailand market. The new company, Calgon Carbon (Thailand) Ltd. begins operation. 2007 - First contract for FLUEPAC® powdered activated carbon for treatment of mercury in flue gas streams from coal-fired electric power plant is signed and secured.
2009 - The company unveils a new corporate logo, re-positioning the former logo’s distinctive "ellipse" shape into a forward-moving direction to symbolize the company’s anticipated long-term growth.
2010 - Calgon Carbon acquires two companies: the firm Zwicky Denmark and Sweden, service providers and long-term distributors of Chemivron Carbon’s activated carbon products; and purchases the outstanding stock of Hyde Marine Inc., a manufacturer of systems that utilize filters and UV technology to treat marine ballast water.
Calgon Carbon’s Blue Lake, California plant is the first in the U.S. to receive certification from NSF International under NSF/ANSI Standard 61: Drinking Water System Components – Health Effects for custom reactivated carbon for potable water applications. 2011 - The acquisition of Calgon Carbon Japan KK (CCJ), the former joint venture between Calgon Carbon Corporation and Mitsubishi Chemical Corporation is completed.
Additionally, the company announces that the City Council of Phoenix, Arizona has selected Calgon Carbon to negotiate a contract to provide reactivation services for a ten-year period, and also includes the construction of a reactivation facility in Maricopa County, Arizona. 2012 - Calgon Carbon’s chairman, president and chief executive officer, John S. Stanik, retires. Randy Dearth is appointed president and chief executive officer.
2014 - Randy Dearth assumes the position of Chairman of the Board.
PFAS - Calgon (Exhibit A)
008
KEY FIELD SERVICE, TECHNICAL SUPPORT, AND ACCOUNTS ASSISTANCE QUALIFICATIONS I. FIELD SERVICES SUPPORT TO CUSTOMER OPERATIONS
Calgon Carbon Corporation maintains a Field Services Department responsible for providing carbon, equipment, and other media installation or exchange as well as customer training, operating and start-up assistance to municipal drinking water plants, municipal waste water authorities, and remediation, industrial, and food processing customers across the entire Calgon Carbon products and services offerings. Calgon Carbon’s Field Service Representatives and Managers are professionally trained in the installation and operation of equipment used in ground and surface water purification and in vapor phase odor control systems. Other Field Services’ responsibilities include transportation co-ordination and scheduling, process related performance testing or troubleshooting, equipment inspection, cost estimation, and field supervision with contractor/ vendor selection as the need arises. Through continuous education and training, customer satisfaction and an excellent on-site safety record re achieved. Field Service Managers are available for consultation or assistance 24 hours a day, 7 days a week. Key Individuals are:
William Henderson, P.E. – Manager – Field Services and React Products Bill joined Calgon Carbon Corporation in 2002 as an Application Engineer and has held a variety of roles during his tenure with the company.
Currently, he holds a dual position as both a Field Service Regional Manager and a Product Manager. His responsibilities in Field Service include managing the Eastern Region where his team is responsible for equipment and carbon installations, operations training and system maintenance for municipal water treatment and odor control applications, as well as industrial and wastewater applications. His team also provides support with logistics and product development for all market areas. As a Product Manager, Bill manages the industrial and custom food grade reactivated carbons. Prior to joining Calgon Carbon, Bill spent 13 years in environmental engineering consulting, investigating remediation sites as well as designing and installing remediation systems. Bill is a licensed Chemical Engineer in the State of Pennsylvania and holds two Bachelor of Science degrees from Purdue University.
Mark T. Bailey - Field Services Manager, West Region
Mark Bailey joined Calgon Carbon Corporation in 1997 as Manager of the West Region Field Services Department. Mark has over 34 years of experience in environmental management, 28 of which was directly serving the activated carbon industry. He is responsible for equipment and carbon installations, operations training and system maintenance for municipal water treatment and odor control applications, as well as industrial and wastewater applications. Mark also provides estimates to the bid coordination department at CCC Headquarters, and supports the regional sales people in providing customer service to the West Region.
II. TECHNICAL AND PROCESS SUPPORT PERSONNEL
Calgon Carbon Corporation maintains an Applications Engineering Department that can be utilized to consult with municipal drinking and waste water customers regarding process or operational concerns on an on-going basis. They have extensive experience with recommending carbon, equipment, and other media used in ground and surface water purification and in vapor phase odor control systems. Application Engineers have primary responsibility for consulting with customers participating in Calgon Carbon’s service oriented business element and for assistance to our Sales Department in new and existing applications of carbon technology. This consulting work may or may not be on a per diem or project basis, but is available to all customers of
Calgon Carbon Corporation.
Calgon Carbon Corporation has a variety of well-trained, specialized individuals suited to assist customers with a multitude of water treatment requirements including process related performance testing or troubleshooting. A brief synopsis of the technical expertise of several key individuals available to meet customer needs relevant to the proposed liquid phase project is as follows:
III. SALES AND ACCOUNT MANAGEMENT PERSONNEL
Leo P. Zappa – Executive Director, Drinking Water Solutions Leo Zappa is the head of Calgon Carbon’s Drinking Water Solutions Business Line, which is responsible for sales of activated carbon, ion exchange resin, and associated equipment and services for the treatment of water in the municipal and point of entry markets in the Americas.
Leo has worked for Calgon Carbon Corporation for 29 years, holding positions in sales management, product management, marketing, and project management. He earned an M.B.A. from Robert Morris University, a B.S. in building construction technology from the Pennsylvania State University, and an Associate’s degree in architectural engineering from the Pennsylvania State University. Mr. Zappa is also a graduate of the United States Army combat engineer school (Ft. Belvoir, VA Dr. Adam Redding, PhD – Technical Director, Drinking Water Solutions Adam Redding completed his Ph.D. in environmental engineering at Penn State University in 2008. Adam also completed both his M.S. and B.S. degrees at Penn State in environmental and civil engineering, respectively. Both his M.S. and Ph.D. degrees focus on predicting the performance of activated carbons for drinking water treatment, in particular the removal of endocrine-disrupting and pharmaceutical compounds. Adam has worked in the activated carbon industry since 2008 in applications involving municipal, industrial, and food & beverage water treatment.
Michael Donaway – Account Manager
Michael Donaway is a National Accounts Manager for the Northeastern region of the United States for the Drinking Water Solutions Business Line.
He has been with Calgon Carbon Corporation since 1989.
PFAS - Calgon (Exhibit A)
009
Mark Peet – Account Manager
Mark has 24 years in the activated carbon industry with past experience as Regional Sales Manager and Equipment Product Manager for a filtration services group servicing petrochemical, refining, industrial, & remediation markets. He came to Calgon Carbon Corporation in February 2004 through an acquisition and is the Senior Technical Sales Representative responsible for municipal activated carbon and equipment sales in the Central/Southwestern US including accounts in Arizona, Arkansas, Kansas, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, and Texas.
James Gray – Regional Account Manager
James Gray is a Regional Account Manager for the Midwest and Canadian Regions for the Drinking Water Solutions Business Line. He has been with Calgon Carbon Corporation since 2009.
Amber Simonic – Senior Sales Manager
Amber is the Senior Sales Manager within the Drinking Water Solutions Business Line. She has responsibility for direct sales in the mid-Atlantic and Southeast Region of the United States for all Municipal related sales of granular activated carbon. Amber is also the sales manager for three territories encompassing the Southeast, Midwest and Southern California geographies.
Ben Goecke – Account Manager
Ben is a Senior Technical Sales Account Manager for the Western Region of the United States for the Drinking Water Solutions Business Line.
He has been with Calgon Carbon Corporation since 2015 and holds a B.S degree in Environmental Engineering from UC Berkeley.
Tim Brekke – Account Manager
Tim is a Technical Sales Representative for the Southern California Region for the Drinking Water Solutions Business Line. He was been with Calgon Carbon Corporation since 2018 and holds a B.S. in Chemical Engineering from Iowa State University.
Michael Prevade – National Accounts Manager
Mike has been working for Calgon Carbon Corporation for over 22 years. He holds a B.S. in Electrical Engineering from Point Park College and an MBA from Robert Morris University. He has been a National Account Manager for a variety of market segments including corn sweetener and municipal odor control, industrial air treatment and point of use water purification, municipal drinking water and point of entry water treatment. His responsibilities have ranged from regional to international account management. Most recently his role is one of Account Management and Development in the Southeast United States for the municipal drinking water market. His focus is on the promotion of activated carbon treatment for compliance with PFAS applications, Disinfection By-Products Regulations and Emerging Contaminants.
Charles Drewry – National Sales Manager, ISEP/Ion Exchange Water Treatment Technologies Drinking Water Solutions A graduate of Indiana State University with a B.S. in Business, Charles has worked with Calgon Carbon Corporation for over 19 years. Sales responsibility included UV technologies, odor control, GAC CMR, ISEP and Ion Exchange treatment systems for water treatment, Charles also assisted in developing the first one-pass resin system for perchlorate, was instrumental in the first DDW system in California for the regenerable perchlorate systems and most recently identifying PFAS resins for one pass resin systems for the removal of PFAS from water.
Kendra Ryan - Product Manager
Kendra Ryan is the Drinking Water Solutions Product Manager with Calgon Carbon Corporation, currently providing activated carbon and ion exchange resin product management support to the Drinking Water Solutions Business Line. She is located at the Calgon Carbon Corporation headquarters in Pittsburgh, PA. Kendra has been with Calgon Carbon since 2008. She received a BS degree in Chemical Engineering from Youngstown State University in 2008 and an MBA from Robert Morris University in 2019. Prior to working at Calgon Carbon, Kendra worked for Case Western Reserve University on proton exchange membrane fuel cells, and also Fireline/TCON Inc., an industrial ceramics manufacturer.
Eli Townsend - Applications Engineer
Eli Townsend received his Master of Science in Civil Engineering from University of Colorado at Boulder in 2014 where he studied with Prof. R.
Scott Summers. There, he focused on DBP reduction strategies, process efficiency, taste & odor removal, and environmental study design. He then worked as a consultant for the better part of four years where he was able to hone his process, testing, and water quality skills. Since joining Calgon in March of 2019, Eli is currently working on several DBP, PFAS, taste and odor, and process evaluation projects. He is responsible for product selection, treatment system design, and test development among other things.
Casey Theys – Applications Engineer
Casey Theys is a Technical Development Engineer for the Drinking Water Solutions group at Calgon Carbon Corporation where he is responsible for product selection, treatment system design and application trouble shooting for municipalities in the Eastern United States. He has been with Calgon Carbon since June 2013 with experience in Activated Carbon as well as Ultraviolet Light Disinfection and Advanced Oxidation processes. He graduated from the Pennsylvania State University in 2011 with a B.S in Chemical Engineering.
Kimberly Cain – Sales Account Manager
Kimberly Cain has been with Calgon Carbon Corporation for fifteen (15) years working in various departments such as Customer Service and Logistics. Kim is currently the Bid Coordinator and Municipal Accounts Manager for the Drinking Water Solutions Business Line.
Robyn Galiardi – Sales Account Manager
Robyn Galiardi has been with Calgon Carbon Corporation since 2015. Robyn started as a Customer Service Expert and joined the team in February 2018. She is currently the Bid Coordinator and a Sales Account Manager for the Drinking Water Solutions Business Line. She graduated from Pennsylvania State University with a B.S. in Business Logistics.
Eric Forrester – Sales Account Manager
Eric Forrester is an Account Manager for the Drinking Water Solutions Business Line at Calgon Carbon Corporation, where he is responsible for cost estimation, coordination, and project management for drinking water clients across the United States. He has been at Calgon since 2015 and has previously been an Applications Engineer and Business Development Manager for drinking water applications. He graduated summa cum laude from University at Buffalo, earning a B.S. in Chemical Engineering and a B.A. in Mathematics.
Jeremy Jones - Sales Account Manager
Jeremy Jones joined Calgon Carbon Corporation in 2020 as Bid Coordinator and Sales Account Manager for the Drinking Water Solutions Business Line. Jeremy is a graduate of California University of Pennsylvania and Cornell University.
PFAS - Calgon (Exhibit A)
010
Submittal No. 3
PROPOSER'S QUALIFICATIONS AND
METHODOLOGY
PFAS - Calgon (Exhibit A)
011
Packaging, Delivery, Storage, and Handling Procedures:
PAGE 1
1. The anion exchange resin shall be shipped and delivered in bulk.
2. The resin shall be transported and delivered in trailers used solely for the transport of potable water IX Resin. Trailers shall be thoroughly cleaned and sanitized prior to filling with IX Resin and shall be lined or constructed with materials suitable for transporting IX Resin that will be in contact with potable water.
3. Weight and handling instructions shall be included with each shipment to the Construction Site.
4. Resin shall not be delivered to the Site until written authorization is provided by Owner.
5. Delivery of resin shall be to the following locations:
Plant 1: 8739 Gallatin Road, Pico Rivera, 90660
Plant 2: 8316 Washington Boulevard, Pico Rivera, 90660 Plant 3: 9732 Lundahl Road, Pico Rivera, 90660
Well 5: 8305 Slauson Avenue, Pico Rivera, 90660.
6. The resin shall be loaded into the vessels within 48 hours of off-site rinsing.
7. The resin shall be transferred directly to the IX vessels as water slurry using air pressure provided by the Contractor as the motive force.
PFAS - Calgon (Exhibit A)
012
I X S Y S T E M S ONE P A S S E X P E R I ENC E
R E F E R ENC E S FOR D R INK ING W A T E R
Owner/Site System Date Contact
Widefield Water & Sanitation
District
(5) M 10 Systems
CalRes 2301 - 5000 gpm
2017 &
2019
Brandon Bernard
(719)-464-2051
California Domestic Water
Company, Whittier, CA
Fixed Bed IX system for
perchlorate removal – 5000
gpm
2002 Che Venegas
(562)-947-3811
Security Water & Sanitation District
Colorado Springs, CO
(4) M 12 Systems for PFAS
CalRes 2301 – 6800 gpm
2017 &
2018
Stephanie Schwenke
(719)-227-0072
California Domestic Water
Whittier, CA
(3) Model 10 Systems for PFAS
CalRes 2301 – 3000 gpm
March
2021
Che Venegas
(719)-947-3811
New Jersey American Water
Springfield, NJ
(2) Model 10 Systems for PFAS
CalRes 2301
2019 Rich Bowen
(317) -842-2616
Lincoln Avenue Water Company,
Altadena, CA
Fixed Bed IX system for
perchlorate removal – 2000
gpm
2007 Jenifer Betancourt
(626)-798-9191 x13
San Gabriel Valley Water Company,
Alhambra, CA
Fixed Bed IX system for
perchlorate removal – 15000
gpm
2003 David Van
(626)-433-7924
West Valley Water District, La
Puente, CA
Fixed Bed IX system for
perchlorate removal – 2000
gpm
2000 General Manager
(909)-820-3702
Pasadena Water and Power,
Pasadena, CA
Fixed Bed IX system for
perchlorate removal – 8000
gpm
2010 Michele Carina
(626)-744-7012
Lockheed Martin Fixed Bed IX systems for
Perchlorate, 18 systems, 18,000
gpm
2010 Patrick McCullough
(818)-847-0584
PFAS - Calgon (Exhibit A)
013
Designated Project Manager: Kimberly Tyson
Calgon Carbon Organizational Chart
PFAS - Calgon (Exhibit A)
014
CALRES 2301 WW
Water Washed Macroporous Strong Base Anion Resin
Specification
Test
Min Max
Calgon Carbon
Test Method
TOTAL CAPACITY (ANION), eq/l
WATER RETENTION CAPACITY, wt%
0.51 48
-
60 ASTM D2187
ASTM D2187
PARTICLE SIZE RANGE, wt%95 - ASTM D2187
This product may or may not contain the WQA Gold Seal (NSF 61 certification). Please reference the Water Quality Association website for usage.
THIS PRODUCT IS NOT INCLUDED IN THE SCOPE OF CCC'S QUALITY SYSTEM CERTIFIED TO ISO 9001.
NOTE: CCC'S Quality System elements are applied whenever possible.
Calgon Carbon Corporation's resin products are continuously being improved and changes may have taken place since this publication went to press. 98007-06/19/2020 PFAS - Calgon (Exhibit A)
015
P O Box 717
Certification Date:
Authorized By:
Caren L. Settler
Process Improvement Manager
Water Quality Association
4151 Naperville Road
Lisle, IL 60532, USA
Products are evaluated according to Product Certification Scheme Type 5, as defined in ISO/IEC 17067 (current version).
This Certificate, or any part thereof, may not be used in a misleading manner and validation of its use is contingent upon the Official WQA web-listing.
Revision: 01/14/2020 FORM.12046
September 21, 2020
Pittsburgh, PA United States
#0633
ISO/IEC 17065
Product Certification Body
Please contact your Project Leader for product expiration terms. All Standards referenced in the Product Certification Schemes by Standard Name.
PFAS - Calgon (Exhibit A)
016
Granted to the following company:
Calgon Carbon Corporation
P O Box 717
Pittsburgh, PA 15230 United States
For the Facility Located at: 12832 Imperial Highway
Santa Fe Springs, CA 90670 United States
Calgon Carbon Corporation
The WQA Gold Seal Certification Department has issued certification for the following model(s) to the standard(s) below. Only models that appear in the official listing are authorized to bear the WQA Gold Seal. NSF/ANSI/CAN 61 - 2018: Drinking Water System Components - Health Effects CalRes 2109 CalRes 2109 OS WW CalRes 2122 CalRes 2122 KR WW CalRes 2301 CalRes 2301 OS WW CalRes 2304 CalRes 2304 KR WW Notice: To request any changes to the certified model(s), please request a Change to Certified Product (CCP) form. Examples include any change to the wetted par or formulations such as supplier or material types, literature, or a change in company name. This list is not all inclusive. Failure to submit documentation regarding changes may result in non-compliance with the standard(s) as well as de-listing of the affected models.
PFAS - Calgon (Exhibit A)
017
Submittal No. 4
PROJECT COMPLETION SCHEDULE
PFAS - Calgon (Exhibit A)
018
Pico Rivera Bid
CIP 50042
Due
July 14, 2021 at 2:00 pm
Estimated Field Service Schedule
20 vessels -install only
For each Six Vessels: One man two days
For each Two Vessels: One man one day
Estimated total days for 20 vessels is 7 days. This assumes filters are ready to fill beginning day 1.
PFAS - Calgon (Exhibit A)
019
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
EXHIBIT B
APPROVED FEE SCHEDULE
PROPOSAL FORM
PFAS TREATMENT SYSTEM (CIP NO. 50042)
ION EXCHANGE RESIN
ITEM DESCRIPTION UNIT
ESTIMATED
QUANTITY UNIT PRICES
EXTENDED
AMOUNT
1 Plant 1 site – 6 vessels CF 2,544 $ $
2 Plant 2 site – 6 vessels CF 2,544 $ $
3 Plant 3 site – 6 vessels CF 2,544 $ $
4 Well 5 site – 2 vessels CF 848 $ $
NOTE:
x CF = cubic feet
x Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change. No adjustment in the unit prices will be allowed.
PRWA reserves the right to not use any of the estimated quantities; and if this right is exercised, the Vendor will not be entitled to any additional compensation. 294.16
294.16
294.16
294.16
TOTAL PROPOSAL: $_
$1,746,133.76
001
PFAS – Calgon (Exhibit B)
Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to PRWA prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify PRWA.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to PRWA, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform PRWA of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide PRWA with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to PRWA a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify PRWA.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to PRWA, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Professional Services Agreement
PFAS TREATMENT SYSTEM – CALGON CARBON CORPORATION
Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to PRWA) PRWA, its officials, officers, employees, agents and independent consultants serving in the role of PRWA officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above in this Exhibit C by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
ENCLOSURE 2
AGREEMENT NO. _______
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE PICO RIVERA WATER AUTHORITY AND
JACOBS ENGINEERING GROUP, INC.
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the Pico Rivera Water Authority, a California municipal corporation (“PRWA”) and Jacobs Engineering Group, Inc. (“Consultant”). PRWA and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”
2. RECITALS
2.1 PRWA has determined that it requires professional services from a consultant to provide engineering services for the design, bidding and construction support of the PFAS Treatment System Project (CIP 50042).
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3 PRWA and Consultant previously entered into Agreement No. 20-50 Professional Service Agreement between the Pico Rivera Water Authority and Jacobs Engineering Group, Inc. for the design, bidding and construction support of the PFAS Treatment System which expired in November 2022. PRWA and Consultant desire to enter into this Agreement for Consultant to complete the remaining Scope of Services under Agreement No. 20-50.
NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s October 19, 2020 proposal to PRWA attached hereto as Exhibit “A” and incorporated herein by this reference.
3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s October 19, 2020 proposal to PRWA attached hereto as Exhibit “B.”
3.3 “Commencement Date”: November 11, 2022
3.4 “Expiration Date”: May 11, 2025
19b
Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.
5. CONSULTANT’S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services.
PRWA shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of ONE MILLION TWO HUNDRED EIGHTY-NINE THOUSAND ONE HUNDRED NINETY-FOUR DOLLARS ($1,289,194.00) unless specifically approved in advance, in writing, by PRWA.
5.2 Consultant shall perform all work to the degree of skill and diligence normally employed by professional engineers or consultants, in accordance with the customary and reasonable standards of the industry, in performing the same or similar Services at the time said services are performed.
6. COMPENSATION
6.1 PRWA agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to PRWA an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, PRWA shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, PRWA shall pay all undisputed amounts included on the invoice. PRWA shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
6.3 Payments for any services requested in writing by PRWA and not included in the Scope of Services shall be made to Consultant by PRWA on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to PRWA for such services.
Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
7. BUSINESS LICENSE
Consultant shall obtain a PRWA business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The PRWA, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) PRWA has not consented in writing prior to Consultant’s performance of such work.
10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but PRWA reserves the right, for good cause, to require Consultant to exclude any employee from performing services on PRWA’s premises.
Cindy Yeager, P.E., PMP shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without PRWA’s prior written consent.
Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of PRWA without restriction or limitation upon its use or dissemination by PRWA.
Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, PRWA shall comply with such laws to the extent feasible.
12. INDEPENDENT CONSULTANT
12.1 Consultant is, and shall at all times remain as to PRWA, a wholly independent consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of PRWA or otherwise to act on behalf of PRWA as an agent. Neither PRWA nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of PRWA.
12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.
12.3 PRWA shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, PRWA shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. PRWA shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.
12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.
Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by PRWA. PRWA shall grant such consent if disclosure is legally required. Upon request, all PRWA data and any copies thereof shall be returned to PRWA upon the termination or expiration of this Agreement.
14. NON-LIABILITY OF PRWA OFFICIALS AND EMPLOYEES
No official or employee of the PRWA shall be personally liable to Consultant in the event of any default or breach by PRWA, or for any amount which may become due to Consultant.
15. INDEMNIFICATION
15.1 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against claims, demands, lawsuits, causes of action, losses, costs or expenses asserted by third parties for damage due to death or personal injury and damage to any tangible property to the proportionate extent resulting from or arising out of the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of PRWA’s choice and. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.2 PRWA shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due PRWA from Consultant as a result of Consultant’s failure to pay PRWA promptly any amount related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.3 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to PRWA, its officers, agents, employees and volunteers.
15.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In addition, Consultant shall obtain certificates of insurance in the amounts listed in Section 16, for each and every subconsultant or contractor, naming PRWA as additional insured.
15.5 PRWA does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by PRWA, or the deposit with PRWA, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15.6 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the PRWA, Consultant shall indemnify, defend, and hold harmless PRWA for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of PRWA.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by PRWA, including but not limited to eligibility to enroll in PERS as an employee of PRWA and entitlement to any contribution to be paid by PRWA for employer contribution and/or employee contributions for PERS benefits.
16. INSURANCE
16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment
Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
16.1.1.2 Products and completed operations
16.1.1.3 Broad form property damage (including completed operations)
16.1.1.4 Explosion, collapse, and underground hazards
16.1.1.5 Personal Injury
16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.
16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement and name PRWA as additional insured.
16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect PRWA may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
16.5 At all times during the term of this Agreement, Consultant shall maintain on file with PRWA’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
automobile liability policies, naming the PRWA as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with PRWA’s Risk Manager such certificate(s).
16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to PRWA at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming PRWA, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to PRWA. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to PRWA. Any insurance or selfinsurance maintained by PRWA, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
16.9 All insurance coverage, excluding Professional Liability Insurance, provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the PRWA.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the PRWA. At the option of PRWA, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to PRWA, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
17. MUTUAL COOPERATION
17.1 PRWA shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to PRWA for the proper performance of Consultant’s services under this Agreement.
17.2 In the event any claim or action is brought against PRWA relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that PRWA may require.
Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. PRWA shall have the right to access and examine such records, without charge, during normal business hours. PRWA shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
20.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and PRWA’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
If to PRWA: If to Consultant:
Steve Carmona, Executive Director
Pico Rivera Water Authority
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Richard Nagel, Vice President
Jacobs Engineering Group, Inc.
1000 Wilshire Blvd , Suite 2100
Los Angeles, CA 90017
(213) 228 - 8227
[email protected]
With a courtesy copy to:
Arnold M. Alvarez-Glasman, General Counsel
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
Facsimile: (562) 692-2244
21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph
17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.
Professional Services Agreement
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22. TERMINATION
22.1. PRWA shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to PRWA. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, PRWA’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the PRWA, prior to the effective date of termination.
Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All PRWA data, documents, objects, materials or other tangible things shall be returned to PRWA upon the termination or expiration of this Agreement.
22.2 If PRWA terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the PRWA, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without PRWA’s prior written consent, and any attempt to do so shall be void and of no effect. PRWA shall not be obligated or liable under this Agreement to any Party other than Consultant.
24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
Professional Services Agreement
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24.3 Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
25. WARRANTIES
25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.
25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.
25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.
26. CAPTIONS
26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.
26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
27. NON-WAIVER
27.1 The waiver by PRWA or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by PRWA of any payment to Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
Consultant constitute or be construed as a waiver by PRWA of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by PRWA shall in no way impair or prejudice any right or remedy available to PRWA with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by PRWA or Consultant unless in writing.
27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.
27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in PRWA’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.
29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
Professional Services Agreement
PFAS TREATMENT SYSTEM – JACOBS ENGINEERING GROUP, INC
31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.
32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between PRWA and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.
Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by PRWA and Consultant.
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “PRWA” “CONSULTANT”
PICO RIVERA WATER AUTHORITY JACOBS ENGINEERING GROUP, Inc. ______________________________ ___________________________________ Steve Carmona, Executive Director Richard Nagel, Vice President Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________________ Cynthia Ayala, Authority Secretary Arnold M. Alvarez-Glasman, General Counsel Professional Services Agreement
PFAS TREATMENT SYSTEM - JACOBS ENGINEERING GROUP, INC.
EXHIBIT A
SCOPE OF SERVICES
Methodology 15
PFAS Treatment Design, Bidding and Construction Support Services
SCOPE OF SERVICES
We developed this scope of services in a thoughtful way that provides for early capture of benefits. Our approach for accelerated design delivery is founded in our experience in delivering groundwater treatment systems with multidisciplinary team leadership and multiple parallel path schedule delivery.
This process is enhanced with our design and visualization tools that accelerate review and understanding of project concepts and designs to meet the demands from diverse stakeholders.
We will deliver the following scope to bring water to your customers by end of November 2021:
• Task 1 - Evaluation and Conceptual Design (including
treatment system equipment procurement, GAC RSSCT
testing/necessary piloting, and media procurement)
• Task 2 – Detailed Design
• Task 3 – Bidding and Services During Construction
• Task 4 – Permitting and Public Outreach Support
TASK 1 – EVALUATION AND CONCEPTUAL
DESIGN
Our methodology for the following is included within this task:
• Data collection, analysis and reporting
• Approach for demands from diverse stakeholders
Task 1.1 Project Kickoff Meeting
Cindy Yeager and up to four key team members will facilitate a three-hour kickoff meeting with the City and project stakeholders.
The meeting agenda shall include, but not be limited to, reviewing the team members roles and their responsibilities, the City’s goals and project objectives, deliverables, communications plan and master schedule. A key discussion item regarding schedule is critical path for vessel selection as discussed in the previous section. Our team will prepare the meeting agenda with assistance from the City and record meeting notes. The meeting notes will be submitted to the City following the meeting.
Deliverables
• Kickoff meeting agenda, materials and minutes
Task 1.2 Project Coordination Meetings
Cindy Yeager and up to one other key team member will call the City every other week for one hour throughout the duration of the project, at a time to be determined, to discuss and review the project. Discussion items may include but are not limited to project status, two-week look ahead schedules, direction for upcoming team meetings, review issues, decisions made, open action items, upcoming project milestones and recovery plans.
This assumes 28 meetings. The meeting notes and two-week look ahead schedules will be submitted to PRWA following each meeting.
Deliverables
• Two-week look ahead schedules
• Bi-weekly telephone updates
Task 1.3 Stakeholder Communications
To address the demands from diverse stakeholders, we have set up a task for stakeholder communications. Under this task we obtain all available information from PRWA including but not limited to CAD files, models and PDF files. Any technical PDF file that is not currently in a CAD format will be re-created to the most extent possible. To address the need for data collection, sample data collection forms for City staff to complete are shown in Appendix A. Up to four members of our team will meet with PRWA, DDW and WRD to solidify and align on understanding of requirements, expectations and coordination efforts (assumes up to [2] two-hour meetings). We will also support PRWA in up to three City Council meetings.
Deliverables
• Meeting agenda, materials and minutes to facilitate
meetings
Task 1.4 Identify Local Funding Sources
Our Principal-in-Charge leads this task to assist the City in evaluating various federal, state and local funding sources available via the federal infrastructure stimulus bill as requested.
We assume this task will take a total of up to fifty (50) hours.
Task 1.5 Evaluate Regional Upstream Solutions for
More Reliable Water Supplies
To support improved water supply planning and help provide objective justification and support for PFAS Treatment System project improvements, we will complete a high-level planning and comparative analysis of available and potential water supply alternatives. The evaluation considers and compares potentially available supply volumes and water quality, estimated net present value life cycle implementation and operations
costs, and relative water supply risk profiles for additional and alternative water supplies the City may be able to leverage.
This includes potential wholesale and wheeled water supplies that may be available from adjacent water systems/ purveyors through local and regional interties, and other regional supply sources.
The analysis draws on City staff and local/regional water supplier knowledge, associated water purveyor resource evaluation and planning studies, and hydraulic capacity and modeling evaluations, to identify:
1. Where potential alternative water supply resources are located,
2. Available supply capacities, seasonality, and existing supporting infrastructure,
Exhibit A
001 PFAS - Jacobs (Exhibit A)
Methodology 16
PFAS Treatment Design, Bidding and Construction Support Services
3. The capacity of existing water supply and system
piping to transmit alternative water supplies into and
through the Pico Rivera water distribution pipe network to its water utility customers, including identification of potential system bottlenecks and associated
infrastructure improvement needs.
Each supply alternative identified and assessed will be benchmarked against the PFAS Treatment System project
improvements to provide perspective and justification for additional water supply options the City may elect to pursue. The outcomes of this evaluation supports a clear vision and strategic assessment of potential water supply alternatives that the City can leverage for its water resource planning, and in the context of current and anticipated future water demand variability.
Deliverables
• None. Results will be incorporated into Basis of Design Report
Task 1.6 Investigation
Jacob’s subconsultant Underground Solutions will conduct potholing for existing utilities at up to five sites. Jacob’s subconsultant Coast Surveying will complete a boundary and topographic survey of up to five project sites, which will include a records review, GPS field survey, location survey, field survey data reduction and computation, boundary analysis and survey calculations and preparation of a boundary survey map.
It is assumed that drilling services will not be required for this scope and is not included. Jacobs will use existing boring data to prepare geotechnical evaluations and prepare a report summarizing the evaluation.
Deliverables
• Draft and Final Geotechnical Reports
• Site Plans
Task 1.7 RSSCT and Pilot Test Review
The Project Understanding describes how we approach this subtask. Our team will test three media on each of the eight water sources. Per the RFP, we assume the City will collect and ship the samples to the identified testing location. Based on requiring 65 gallons per column, we will require 195 gallons (or 4 x 55 gallon drums from each well). We assume the City will palletize for shipping. We have significant experience managing the entire bulk sampling process from drum purchase, sampling for PFAS, chain of custody, to freight coordination and can support the City by connecting them with our preferred vendors.
Under this proposed scope, an as-received, homogenized sample will be analyzed for PFAS, TOC, DOC, Alkalinity, pH, Cl, Fe, Ca, Mg, Mn, SO4, and NO3; one post-filtration sample will be analyzed for PFAS, DOC, Alkalinity, pH, Fe, Ca, Mg, Mn, and SO4 to serve as the RSSCT influent sample. The RSSCT columns will be fed from a common influent. Twelve effluent samples will be collected for PFAS analysis during the RSSCT.
In addition, we utilize the WRD IX pilot data to evaluate performance and support media selection. Our team requests site specific water quality data for each well to use as a comparison to the WRD pilot to demonstrate a basis of why these data can and should be used for media evaluation and selection.
Utilizing the data obtained from the RSSCT testing and WRD pilot testing, we utilize our internally-developed model to compile RSSCT data and provide a lead-lag system operational projection.
We provide an options ranking matrix along with a conceptual design for each media type system. The ranking matrix and conceptual design components includes:
• Media treatment capacity for PFAS (with consideration of regulated and non-regulated PFAS)
• Projected media changeout frequency based on current
regulated PFAS
• Media cost and cost sensitivity (to both treatment
objectives and potential future pricing)
• Media specific consideration that affects design and
operation (requirement for pre-filtration, spent media
disposal, clean media start-up flushing waste volume
and characteristics)
Deliverables
• Final Report detailing results of:
– RSSCT
– WRD Pilot Testing results
– Media treatment capacity for PFAS (with
consideration of regulated and non-regulated
PFAS)
– Projected media changeout frequency based on
current regulated PFAS
– Media cost and cost sensitivity (to both treatment
objectives and potential future pricing)
– Media specific consideration that affects design
and operation (requirement for pre-filtration, spent
media disposal, clean media start-up flushing
waste volume and characteristics)
– Media performance comparison table
recommended media selection for each system
Task 1.8 Hydraulic Evaluation
As part of our PFAS Treatment System design concept and development process, we complete a comprehensive assessment of proposed treatment system hydraulics, and the available capacity in the Pico Rivera water distribution pipe network to convey and deliver treated water to City water utility customers. 002 PFAS - Jacobs (Exhibit A)
Methodology 17
PFAS Treatment Design, Bidding and Construction Support Services This assessment leverages our process design modeling tools, and interface with the City’s existing InfoWATER system model and system SCADA operational data to identify, determine, and confirm:
• PFAS Treatment System component sizing requirements
(i.e. piping, valve, treatment vessel, and media bed
sizing, along with system and GAC/IX media hydraulic
loss profiles and performance curves)
• Control valves needed to sufficiently balance flows
through parallel GAC/IX treatment trains
• System surge management and over-pressure
protection provisions needed
• Potential well pump capacity improvement and upsizing needs (i.e. hydraulic well pump, motor, and electrical
system sizing adjustments that may be required to offset the additional water supply hydraulic losses involved
with PFAS Treatment System improvements)
• Design delivery capacity from the PFAS Treatment
System components into the City water distribution
system and to Pico Rivera water utility customers
• Adequacy of and identification of any system
improvements needed to support water supply for PFAS
Treatment System backwash and flushing from the City
water system, as necessary to support treatment system
operations and periodic GAC/IX media change-outs.
• Assessments of backwash and flushing water waste
management needs, including sewer system disposal/
flow capacity and temporary wash water holding tank
storage requirements (if any)
Deliverables
• None. Results will be incorporated into the Basis of
Design Report
Task 1.9 Basis of Design Report/Conceptual Design
The report provides an overview of the five treatment systems to be designed, design criteria, preliminary design drawings, preliminary cost estimate and overall implementation schedule.
The Basis of Design Report will be submitted to PRWA and DDW for review and approval. We recommend pre-purchase of the adsorbers and media and the use of dual media vessels to meet the schedule of bringing systems online by November 2021. The pre-purchase specifications for adsorbers and media (GAD and IX) is drafted as part of this subtask. We assume the same vendor for vessels and same vendor for media will be selected after RSSCT testing is completed.
Deliverables
• Draft and Final Basis of Design Report
• Pre-Purchase Specification for Adsorbers and Media
TASK 2 – DETAILED DESIGN
Once the key decisions are made during the evaluation and conceptual design task, our team can rapidly proceed through the design process. EXHIBIT 2-7 highlights the scope of work based on our experience with other recent PFAS projects. The basic responsibilities for each discipline for each phase of design (65%, 90%, 100%) are outlined.
A key assumption of the detailed design is that each of the systems will be outdoor and will not require a building. We assume the wellhouse cited for upgrade in the IMEG report will be completed under a separate project.
We developed a summary schedule, built around our approach, indicating the major activities, deliverables, milestones and durations (see Project Completion Schedule). We believe prepurchasing the pressure vessels will save as much as 6 months in the overall schedule.
003 PFAS - Jacobs (Exhibit A)
Methodology 18
PFAS Treatment Design, Bidding and Construction Support Services TASK 3 – BIDDING SUPPORT AND SERVICES
DURING CONSTRUCTION
Task 3.1 Bidding Support
• The City will lead/coordinate the bidding process with its prequalified contractors with support by Jacobs including issuing of bid documents, pre-bid meeting attendance with development of agenda and minutes, provide responses
to bidder questions and issue of one (1) addendum,
assistance in bid evaluation and development of conformed documents.
• PRWA will provide their front-end specifications for all procurement and bidding tasks.
• Bid documents and addenda will be issued in electronic (pdf) format to bidders with two (2) full size copies
provided to the City.
• We will prepare and issue conformed documents following bid phase.
Task 3.2 Service During Construction
• Our assumptions include the following:
– The same Contractor will perform work at the five
treatment systems.
– Attend one (1) preconstruction meeting and bimonthly progress meetings via MS Teams during the contract construction period. Our project manager/
design manager will attend.
EXHIBIT 2-7: Detailed Design by Discipline
Design Discipline 65% Complete 90% Complete 100% Complete/Bid Set Process Mechanical • Prepare process flow diagrams
• Develop equipment list
• Prepare sections
• Specifications at 65%
• Incorporate PRWA comments from
65% Review
• Create detail sheets
• Specifications at 90%
• Incorporate PRWA, WRD and
DDW comments from 90%
Review
• Finalize Drawings
• Finalize Specifi cations Site Civil • Site Plans, Grading and Drainage Layouts
• Prepare yard piping plans
• Specifications at 65%
• Finalize piping plans, grading plans
• Incorporate PRWA comments from
65% Review
• Create details
• Specifi cations at 90%
Structural • Plan views complete
• Specifi cations at 65%
• Incorporate PRWA comments from
65% Review
• Create Details
• Complete Structural Calculations
• Specifi cations at 90%
Electrical • Complete single lines
• Specifications at 65%
• Incorporate PRWA comments from
65% Review
• Create details
• Specifications at 90%
Instrumentation • P&IDs Complete
• Loop/Control descriptions
complete
• I/O Listings
• Equipment tagging
• Specifications at 65%
• Incorporate PRWA comments from
65% Review
• Complete network block diagrams
• Specifications at 90%
– Conduct up to five (5) site visits by a design engineer in addition to site visits following progress meetings.
– Prepare responses to up to fifteen (15) Contractor
RFIs.
– Issue up to two (2) change orders.
– Review and responses of up to submittals (40)
contractor submittals for administrative, technical and O&M information, including resubmittals.
– Vendor O&Ms will be reviewed by the engineer and
compiled by the contractor as part of the contractor
submittal review process.
– We will maintain a file exchange site for use by its
engineers, the City and the Contractor to maintain and
transmit documents throughout the contract period.
– Operations, Maintenance and Management Plan
(OMMP), includes compilation of vendor manuals.
Deliverables
• Operations, Maintenance and Management Plan
(OMMP)
Optional Task: We will provide an engineer to provide
part-time resident inspection and will allocate one
(1) day per week at each of the five sites over the
anticipated 5-month active construction period of
the project or a total of 880 hours. The engineer will
be on-site on a weekly basis to complete inspection
004 PFAS - Jacobs (Exhibit A)
Methodology 19
PFAS Treatment Design, Bidding and Construction Support Services reports, take photographs, attend weekly contractor
coordination meetings and witness onsite testing and
commissioning.
TASK 4 – PERMITTING AND PUBLIC OUTREACH
DURING CONSTRUCTION
Task 4.1 Permitting Support
We will cooperate with WRD to develop a CEQA- compliant project description, including the temporary and permanent disturbance areas encompassing the project footprint. Following the completion of a detailed project description, we prepare an Initial Study (IS) pursuant to Section 15063 of the CEQA Guidelines to evaluate whether the proposed project will have a significant effect on the environment. The IS includes a description of the project, environmental setting, identification of environmental effects using the checklist provided in Appendix G of the CEQA Guidelines, and mitigation measures to reduce potential effects to less than significant. It is assumed that the results of the IS will support the preparation of a Mitigated Negative Declaration (MND) and, pursuant to Guidelines Sec. 15071, the MND will include a brief description of the project, the location, a proposed finding that the project will not have a significant effect on the environment, an attached copy of the IS (including technical studies) supporting the findings, and mitigation measures included to avoid significant effects.
A public review of the IS and MND, which incorporates comments from WRD, will be distributed for public review along with the required CEQA Notices. We will prepare a Notice of Intent (NOI) and Notice of Completion (NOC). The NOI will be filed by Jacobs with the County Clerk and State Clearinghouse and the NOC will be filed by Jacobs with the State Clearinghouse to commence the 30-day public review period. Per State Clearinghouse requirements, We will provide 15 hardcopies of the public review IS and MND to the State Clearinghouse. Additionally, public notice of the IS and MND will be published by Jacobs in a newspaper of local circulation at the commencement of the 30- day public review period.
Following public review of the IS and MND, a final adoption package will be prepared by Jacobs and provided to the Lead Agency for consideration and adoption pursuant to Guidelines Sec. 15074. The components of the final adoption package will include the Final MND, public review IS, public comments and responses, errata identified during public review, and a Mitigation Monitoring and Reporting Plan (MMRP) pursuant to Guidelines Sec. 15074(d). Specifically, individual public comments received during the public review period will be delineated, and corresponding responses will be provided. Any comments that require revisions to the public review IS will be shown in an errata sheet to be included with the final adoption package.
Following adoption of the MND package by the Lead Agency, we will prepare a Notice of Determination (NOD). Within 5-days of adoption of the MND, the NOD will be filed by Jacobs with the County Clerk and State Clearinghouse, and a NOC will be filed with the State Clearinghouse by Jacobs.
We will prepare design drawings needed for land use and coordinate to support approval of the permit. We will submit the Basis of Design report, RSSCT and Pilot Testing Results Report to DDW as required and use our existing relationships with DDW and WRD to expedite approvals. Based on our preliminary discussions with DDW, for most of the well sites, the existing permit will need to be revised to incorporate the new treatment systems. Our team will work with the DDW to confirm the permitting process with DDW during the early stages of the design and ensure the permitting needs are addressed to meet your schedule. We submit plans for DDW review and incorporate comments from DDW into the final design.
Deliverables
• Initial Study (IS), Notice of Intent (NOI) and Notice of Completion (NOC)
• Final adoption package
• DDW submittals
Task 4.2 Public Outreach Support
We will contract with Urban Strategy Group, Inc. (USG) who will lead this task. USG is a full-service public affairs firm specializing in community outreach, government relations, event permitting, and land use/entitlement services. USG is a Minority Business Enterprise, registered as a Community Business Enterprise with Los Angeles County, a Small Business Enterprise and a Disadvantaged Business Enterprise with Metro, and a Small Business with the CA Department of General Services. USG also holds verified certifications with the City of Los Angeles, which include MBE, SBE, EBE, LBE, and VSBE.
USG anticipates a total of 85 hours of community outreach and planning at $175.00 an hour for three community outreach specialists to work with the City to develop a neighborhood outreach plan and develop outreach materials and up to two (2) presentations to provide support with public meetings. A $15,000 allowance for public outreach support is included within this proposal.
Deliverables
• Outreach materials and presentations
Urban Strategy Group’s deep understanding of the
heartbeat of our diverse communities gives us an
advantage in securing public support for our client’s
projects. USG Spanish speaking staff uses proven
outreach techniques from Spanish translation at
meetings to grassroots education and mobilization
that addresses the specific needs of all stakeholders
in these diverse communities.
005 PFAS - Jacobs (Exhibit A)
Professional Services Agreement
PFAS TREATMENT SYSTEM - JACOBS ENGINEERING GROUP, INC.
EXHIBIT B
APPROVED FEE SCHEDULE
Resource Allocation Matrix RSSCT/Analytical
Task and Description
Principal-In-Charge
Principal Professional 2
Principal Professional 1
Sr Technologist/Specialist
Sr. Professional
Project Professional 2
Project Professional 1
Engineering Technician
Spec Processing
Admin
Resident Inspector
Subconsultant
(RSSCT/Analytical)
Unit Rate $277 $242 $210 $298 $187 $165 $145 $166 $125 $117 $230 LS LS Item 1. Kick-off Meeting and Bi-Weekly Meetings $ 1,108 $ 1,936 $ 19,320 $- 3,576 $ $ 9,570 $- 580 $- $ $- 1,404 $Item 2. Obtain Available Info from PRWA $ - $- 484 $- $- $ $- 660 $- $- $ $- 1,872 $Item 3. Meet with PRWA, DDW and WRD to SolidifyUnderstanding of Requirements and Expectations $ - 1,936$ 1,680$ $- 2,384 $ $- 1,320 $- $- $ $- 468 $Item 4. Assist with Identifying Local Funding Sources $ - $- 1,936 $ $- 2,384 $ $ 1,320 $- 290 $- $- $- $Item 5. Explore Regional/Upstream Water Supply Solution $- - $ $- 5,040 $ $- 4,488 $- $- $- $- $- $Item 6 & 7. Perform RSSCT. Send Water Quality Data to IXManufacturers. $ - $- 19,360 $ $- 7,748 $ 16,500$ $- 11,600 $- $ $- 936 $ $ 95,674Item 8. Develop Summary Report of WRD Pilot Test Findings. - $ $- 968 $ $- 596 $ 4,290$ $- 3,480 $- $ $- 234 $Item 9. Develop a Summary Report of RSSCT Findings. $ - $- 7,744 $ $- 2,384 $ $- 6,600 $- $- $ $- 234 $Item 11. Conduct Hydraulic Analysis. $ - $- 7,744 $- $- $ $ 3,300 $- 290 $- $- $- $Item 12. Incorporate Montebello Land and Water and La Habra Heights County Water District pilot results. $- - $- $- $- $- $- $- $- $- $- $Item 13. Perform Site Investigations. $- - $ 23,835$ $- 31,141 $ $ 20,295 $- 4,278 $- $- $- $ $ 59,680Item 14. Perform Preliminary Design. $ - $ 7,744 $ 12,600 $ 7,152 11,594$ $ 13,200 8,700$ 7,304$ 1,000$ $- 1,404 $Item 24. Attend City Council Meetings to Support PRWA. 1,108$ $- 1,936 $- $- $ $- 1,320 $- $- $- $- $Item 17. Prepare and complete 65%, 90% and 100% plans,specifications and estimates. $ - 26,136$ 120,330$ 29,800$ 37,400$ 55,935$ 36,830$ 76,360$ $ 21,913 $- 1,404 $Item 20. Review Shop Drawing Submittals. $ - $- 9,680 $ 2,384$ 6,732$ 6,600$ $- 4,640 $- $- $- $Item 21. Provide Bid and Construction Support Services. $ - $ 9,680 25,200$ 16,986$ 10,472$ 19,800$ $ 11,600 1,328$ 1,000$ $- 9,360 $Item 23. Provide Close-Out Services $ - 1,936$ $- 1,680 $ $ 11,220 $ 1,320 $ 2,320 $- 6,640 $- $- $ Item 22. OPTIONAL. Provide Onsite Construction Inspection. $- - $- $- $- $- $- $- $- $- $ $ 202,400Item 10. Coordinate with PRWA and DDW to Discuss Progressand Obtain Necessary Permits. $ 554 $- 1,936 $ 1,788$ 1,496$ 1,980$ $- 1,740 $- $- $- $Item 15. Submit the Permit Application to DDW. $ 554 $- 968 $ 1,192$ 2,992$ 3,960$ 4,640$ $- 1,328 $- $- $Item 16. Submit Manufacturer's Modeling to DDW. $ 554 $- 968 $ $- 596 $- $- $- $- $- $- $Items 18/19: Obtain Environmental Clearance for the Project. 554 $ 968$ 840$ 596$ $ 14,960 3,960$ $- 2,320 $- $ $- 936 $Item 25. Perform Public Outreach Services. $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL
Total $ 104,060$ 4,432 210,525$ 110,707$ 101,354$ 171,930$ 93,308$ 92,960$ 23,913$ 18,252$ 202,400$ $ 95,674 $ 59,680 $ 1,289,194 Task 3 - Bidding and Construction Support ServicesTask 4 - Permitting and Public Outreach Support Jacobs
C Below
Task 1 - Evaluation and Conceptual DesignTask 2 - Detailed Design Exhibit B
001
PFAS - Jacobs (Exhibit B)
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PFAS - Jacobs (Exhibit B)
Professional Services Agreement
PFAS TREATMENT SYSTEM - JACOBS ENGINEERING GROUP, INC.
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to PRWA prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify PRWA.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to PRWA, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate Professional Services Agreement
PFAS TREATMENT SYSTEM - JACOBS ENGINEERING GROUP, INC.
payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform PRWA of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide PRWA with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to PRWA a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify PRWA.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to PRWA, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Professional Services Agreement
PFAS TREATMENT SYSTEM - JACOBS ENGINEERING GROUP, INC.
12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to PRWA) PRWA, its officials, officers, employees, agents and independent consultants serving in the role of PRWA officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above in this Exhibit C by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
COUNCIL
MEETING
DATE
COUNCIL MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
8/10/2021 Lutz/Lara Shopping Cart Ordinance Review ordinance A. Betancourt Discussion 2/22/2022 8/24/2021 Pending 6/28/2022 Lara/Camacho
Battery Storage Funds Set aside $50,000 for Battery
Storage for non-profits. S. Carmona
Pending
1/24/2023 Lara/Garcia Safe Pathways to School Discuss with ERUSD Boardmembers
Ad Hoc Committee
2/14/2023 Lutz/Lara City Identifying Markers Take to City Council N. Negrete 2/14/2023 Garcia/Sanchez Appointment of Public Safety Coordinator Take to City Council Authorized the City Manager to establish a pilot program
2/28/2023
2/14/2023 Garcia/Sanchez Ordinance Prohibiting Street Takeovers Take to City Council Adopt Ordinance 2/14/2023 6/13/2023 In-Progress 2/14/2023 Garcia/Sanchez Establishing Safe Spaces for kids Take to City Council P. Yugar 2/14/2023 2/28/2023 Lutz/Sanchez Feasability Study Marine Corps Property Ad Hoc Committee 2/28/2023 3/14/2023 Lutz/Garcia Monument Marker Upgrade Passons and Washington Bl N. Negrete 5/9/2023 Camacho/Garcia Commercial Property Maintenance Ord. Take to City Council A. Betancourt
GOOD OF THE ORDER