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HomeMy WebLinkAboutAgenda Report - March 15, 2023 C-05O. CITY OF epi r 0 CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM C105 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Waive the Bid Process and Execute a Three -Year Professional Services Agreement with Calgon Carbon of Moon Township, PA for Custom Regeneration Granular Activated Carbon Services ($900,000) and Appropriate Funds ($900,000) MEETING DATE: PREPARED BY: March 1, 2023 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to waive the bid process and execute a Three -Year Professional Services Agreement with Calgon Carbon of Moon Township, PA for Custom Regeneration Granular Activated Carbon Services, in the amount of $900,000 and appropriate funds in the amount of $900,000. BACKGROUND INFORMATION: Granular activated carbon (GAC) treatment systems (Attachment1) are currently utilized at nine well sites to treat and adsorb dibromochloropropane (DBCP), 1,2,3,- trichIoro propane (1,2,3 -TCP) and other contaminates found in drinking water. Over time, the carbon loses its adsorptive capacity and must be replaced or regenerated. Historically when replacement has been warranted, the City has chosen to replace with virgin coal GAC. When only treating DBCP, virgin coal GAC can usually run 6 to 10 -years without requiring replacement. In 2017 the Maximum Contaminant Level (MCL) for 1,2,3 -TCP was set at 0.005 pg/L or 5 parts per trillion. This MCL is now trigging more frequent GAC change -outs. Due to the increase change -out frequency, staff has researched alternatives in an effort to reduce cost and ensure product availability while still procuring a high-quality product. GAC regeneration is an efficient, cost- effective alternative to virgin GAC. GAC regeneration is a thermal reactivation process where adsorbed organics are destroyed by extreme heat and the activated carbon's adsorptive capacity is restored. Calgon Carbon (Calgon) is an industry leader in custom regeneration. Calgon operates the only potable reactivation facility in the western United States. This facility adheres to AWWA B605 drinking water standards and meets NSF -61 certification. While serving only drinking water customers, this facility vastly reduces the chance of cross contamination with other industry (non -potable) used GAC. Calgon would store the City's regenerated GAC at the facility ensuring product availability thereby reducing supply chain challenges. Staff recommends adopting resolution authorizing City Manager to waive the bid process and execute a Three -Year Professional Services Agreement with Calgon Carbon of Moon Township, PA for Custom Regeneration Granular Activated Carbon Services, in the amount of $900,000 and appropriate funds in the amount of $900,000. FISCAL IMPACT: GAC Treatment is a requirement of the City's Domestic Water Permit. Funding comes from the Water Capital account which is funded with proceeds from the City's DBCP and 123 -TCP settlements. This service will not impact the General Fund. APPROVED: Stephen Schwabauer, City Manager \\pwadc02\msc$\GROUP\ADMIN\Council\2023\03152023\Calgon Carbon\CC_CalgonCarbon.doc 3/1/2023 Adopt Resolution Authorizing City Manager to Waive the Bid Process and Execute a Three -Year Professional Services Agreement with Calgon Carbon of Moon Township, PA for Custom Regeneration Granular Activated Carbon Services ($900,000) and Appropriate Funds in the amount of ($900,000) March 15, 2023 Page 2 FUNDING AVAILABLE: Water Capital: 56199000.77020 $900,000 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director F Charles E. Swimley, Jr. Public Works Director Prepared by Andrew Richle, Utilities Superintendent CES/AR/tw Attachment Signature: Qr X&�Obj Email: akeys@lodi.gov 3/1/2023 P: AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and CALGON CARBON CORPORATION, a Delaware corporation, qualified to do business in California (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for custom regeneration granular activated carbon services (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on April 1, 2023 and terminates upon the completion of the Scope of Services or on March 31, 2026, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damane CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Andrew Richle To CONTRACTOR: Calgon Carbon Corporation P.O. Box 717 Moon Township, PA 15108 Attn: Ben Goeke Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. 6 Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Fundinq Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Counterparts and Electronic Signatures 7 This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager APPROVED AS TO FORM: CALGON CARBON CORPORATION, JANICE D. MAGDICH, City Attorney a Delaware corporation By: r By: Name: Title: Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 56199000.77020 (Business Unit & Account No.) Doc ID:R:\GROUP\ADMIN\Council\2023\03152023\Calgon Carbon\PSA.doc CkRev.07.2021.elecsign 8 Exhibit A/B CITY OF LODI CUSTOM REACTIVATED GRANULAR ACTIVATED CARBON (GAC) SERVICES 1. SCOPE OF WORK This specification section is for the supply of Granular Activated Carbon (GAC) services as follows: a. Furnish all labor, materials, equipment, and supervision of the removal, transport, and disposal of spent GAC from the filters, and the supply and installation of virgin GAC into the filters; b. Furnish all labor, materials, equipment, and supervision for the removal and transport of spent GAC from the filters to a custom reactivation facility, and for the reinstallation of the custom reactivated GAC back into the filters. c. After the spent carbon has been removed, supplier shall provide a qualified inspector to conduct an API -510 inspection of each empty vessel. The inspection shall identify any signs of corrosion or other damage to the vessel. The inspector must possess a valid API -510 certification and have experience inspecting GAC vessels for at least three municipal granular activated carbon water treatment systems within the previous 5 years. The City will be provided at minimum 14 days to make any needed repairs. 2. PRODUCT SPECIFICATION — VIRGIN GAC The Calgon shall supply a virgin GAC, which will either be used to make up losses of spent GAC via the reactivation process, or as an alternate supply to the custom reactivated GAC. The virgin GAC will meet the following specifications: a. Virgin GAC needs to be one of the following: a. FILTRASORB 400M/300M as manufactured by Calgon Carbon Corporation, b. Or, an approved equal i. Approved equal products must be pre -approved by the engineer/owner. Supplier must submit a sample for testing at least thirty (30) days prior to the bid due date to confirm product conformance with all specifications in this section. Additionally, rapid small-scale column testing (RSSCT) by a third -party testing facility will be performed and results provided to the engineer/owner. b. The coal will be mined and the corresponding GAC manufactured in the United States. c. The GAC shall be manufactured in a facility certified to conform to the Management System Standard: ISO 9001:2000 or later. A copy of the valid certificate must be provided at the City's request, with the understanding by all parties that NSF/ANSI/CAN assures the GAC against toxicological hazards only. ISO 9001:2000 or later certification assures the GAC is of consistent conformance to stated product quality and standards listed in the specifications. d. The GAC shall comply with AWWA B604, latest edition. e. The GAC shall comply with NSF/ANSI/CAN 61 Drinking Water System Components — Health Effects standard. f. The GAC shall comply with the requirements for activated carbon as defined by the Food Chemical Codex (FCC), latest edition published by the U.S. Pharmacopeia. g. The GAC must be a 100% reagglomerated bituminous coal -based product, sized to a granular form prior to baking and activation. The following materials will not be accepted if submitted in lieu of the required product, nor may any amount of these materials be blended into a mix with the required reagglomerated, bituminous coal -based product: a. Broken pellets, regardless of base material b. Direct activated GAC, regardless of base material c. Lignite -based GAC d. Peat -based GAC e. Wood -based GAC f. Coconut -based GAC g. Sub -bituminous -based GAC h. Anthracite -based GAC h. The GAC will be capable of removing color, tastes, odors, and other organic contaminants from water. i. Calgon shall indicate the source of coal, carbon manufacturing location, and a description of the reagglomeration/thermal process. The City reserves the right to inspect the GAC manufacturing and thermal processing facility. j. Quantity of virgin GAC required as make-up in order to compensate for reactivated material lost in transport and reactivation, as well as that needed to bring the final reactivated product up to acceptable quality, shall be determined by the engineer/owner and Calgon, and based upon the Calgon's experience reactivating similar carbons. k. Virgin GAC product as packaged shall meet the following specifications: Virgin GAC Product Specification: FILTRASORB 400M Value Test Method Iodine Number (mg/g), min. 1000 TM -4, ASTM D4607 Moisture, weight %, max. 2 TM -1, ASTM D2867 Effective size, mm 0.55-0.75 TM -47, ASTM D2862 Uniformity Coefficient, max. 1.9 TM -47, ASTM D2862 Abrasion No., min. 75 TM -9, AWWA B604 Trace Capacity Number, (mg/cc), min. 10 TM -79, TM -85 (converted to TCN) Screen Size (US Sieve), weight % Value Test Method * Larger than No. 12, max. 5 TM -8, ASTM D2862 * Smaller than No. 40, max. 4 TM -8, ASTM D2862 Ash, weight %, max. 10 TM -5, ASTM D2866 Apparent Density, g/cc, min. 0.50 TM -7, ASTM D2854 FCC — Water Extractables, weight %, max 4 TM -43, FCC Product Si)ecitication: FILTRASORB 300M Value Test Method Iodine Number m ), min. 900 TM -4, ASTM D4607 Moisture, weight %, max. 2 TM -1, ASTM D2867 Effective size, mm 0.8-1.0 TM -47, ASTM D2862 Uniformity Coefficient, max. 2.1 TM -47, ASTM D2862 Abrasion No., min. 78 TM -9. AWWA B604 Trace Capacity Number, (mg/cc), min. 10 TM -79, TM -85 (converted to TCN) Screen Size (US Sieve), weight % * Larger than No. 8 max. 15 TM -8, ASTM D2862 * Smaller than No. 30, max. 4 TM -8, ASTM D2862 Apparent Density,cc, min. 0.53 TM -7, ASTM D2854 j. The Certificate of Analysis shall certify that the GAC is in full compliance with the specifications stated herein. k. The successful Calgon must provide a signed Affidavit of Compliance stating that the GAC they are supplying is: a. 100% virgin, with no reactivated carbon content whatsoever, and b. 100% bituminous coal based, reagglomerated material made in the United States of America. 3. PRODUCT SPECIFICATION — REACTIVATED GAC The Calgon shall custom reactivate the City's spent GAC. Custom reactivated GAC shall be supplied by the manufacturer of the virgin GAC. Custom reactivated GAC shall meet the following specifications: a. Materials: i. Materials shall comply with the requirements of the Safe Drinking Water Act, and all other federal requirements. ii. The spent GAC shall be reactivated in an NSF -certified reactivation facility in California or Arizona, conforming to all requirements of AWWA Standard B605, latest edition, exclusively dedicated to receiving and producing potable reactivated GAC. iii. The reactivated GAC shall comply with NSF/ANSI/CAN 61. iv. Effective procedures will be in place and utilized to ensure segregation of any spent carbon from reactivated carbon intended to be returned as a custom reactivated product. b. Reactivated GAC, including virgin make-up GAC blended as required, shall meet the following specifications: React Product Specification: CMR 400 Value Test Method Iodine Number (mg/g), min.' a) 800 (if spent was >550) b) +250 (if spent was <550), with a minimum final blended value of at least 500 TM -4, ASTM D4607 Moisture, weight %, max .2 8 TM -1, ASTM D2867 Uniformity Coefficient, max. 2.1 TM -47, ASTM D2862 Abrasion No., min. 70 TM -9, AW WA B604 Screen Size (US Sieve), weight * Larger than No. 12, max. 5 TM -8, ASTM D2862 * Smaller than No. 40, max. 4 TM -8, ASTM D2862 Apparent Density, g/cc, min 0.20 TM -7, ASTM D2854 React Product Specification: CMR 300 Value Test Method Iodine Number (mg/g), min.' a) 800 (if spent was >550) b) +250 (if spent was <550), with a minimum final blended value of at least 500 TM -4, ASTM D4607 Moisture, weight %, max .2 8 TM -1, ASTM D2867 Uniformity Coefficient, max. 2.1 TM -47, ASTM D2862 Abrasion No., min. 70 TM -9, AWWA B604 Screen Size (US Sieve), weight % * Larger than No. 8, max. 15 TM -8, ASTM D2862 * Smaller than No. 30, max. 4 TM -8, ASTM D2862 Apparent Density, g/cc, min 0.20 TM -7, ASTM D2854 C. Notes: 1. Iodine Number is based on the final blend of custom reactivated GAC and make-up virgin GAC. 2. As the moisture content of reactivated GAC may increase during bulk shipment because of ambient conditions that may be beyond the control of the supplier, a moisture content exceeding 8% is permitted. 4. CARBON EXCHANGE PROCEDURES a. Field Service personnel supervising the GAC exchange must be directly employed by Calgon. i. The GAC manufacturer's supervisor must have a minimum of 5 years' experience in performing carbon exchanges. ii. Supervision of the GAC exchange by a third party or sub -contractor is not permitted. b. Calgon shall submit a detailed carbon exchange procedure. i. The preferred method for installation of GAC shall be by hydraulic water eduction. The City shall be responsible for water and air supply, if necessary. ii. The preferred method for spent GAC removal shall be hydraulic eduction. The City shall be responsible for water and air supply, if necessary. c. Spent GAC removed from filters shall be transported to a carbon reactivation facility for reactivation as either pool or custom reactivation subject to carbon acceptance testing. A spent carbon sample shall be analyzed for acceptance and if deemed unacceptable by the Supplier the spent GAC shall be sent for disposal via landfill, incineration, or by another means mutually acceptable by the Supplier and Owner. 5. PRICING Calgon shall provide pricing as indicated for each of the following: Virgin GAC Fill Pricing shall include: 1. Unit price for virgin GAC 2. Unit price for freight and site services related to the supply of virgin GAC Custom Reactivated GAC Fill Pricing shall include: 1. Unit price for custom reactivated GAC, including all associated freight and field services, and up to 20% virgin GAC for make-up purposes 2. Unit price for virgin GAC required in excess of 20% Vessel Inspection Pricing should include: 1. Unit price per vessel inspection. The inspection shall identify any signs of corrosion or other damage to the vessel. The inspector must possess a valid API -510 certification and have experience inspecting GAC vessels. The City, at its discretion, may choose to direct Calgon to fill: a) all of the filters with virgin GAC, b) all of the filters with custom reactivated GAC, or c) fill some filters with virgin GAC and others with custom reactivated GAC. All prices provided in the proposal shall include all applicable fees, costs and taxes (if any) relating to the project. Calgon will not be responsible for real property tax on the property, including the site of the project in addition to local taxes assessed. By submitting a price and entering into a contract, the Calgon agrees to abide by all criteria set forth in this proposal for a period of time as set forth in the contract. Failure to do so will result in the original contract being voided. Note regarding Custom Reactivated GAC Fill: For any given exchange, to the extent that there is react GAC remaining above the required amount set forth in the proposal (after taking into consideration the addition of any makeup virgin GAC), such remaining react GAC shall become the property of Calgon and can be retained or disposed of at Calgon's sole discretion. 6. PRICE/FEE ADJUSTMENT Adjustment Mechanism Virgin GAC- The fees payable pursuant hereto will be adjusted on (month and date) of each calendar year by the annual percentage change in the following three price indices, in the proportion indicated next to each index: 1) U.S. Department of Labor PPI for All Other Basic Organic Chemicals Manufacturing: Miscellaneous end-use chemicals and chemical products, excluding urea (PCU325199325199T) @ 40% weight 2) U.S. Department of Labor CPI for Urban Wage Earners for the U.S. City Average (CWUROOOOSAO) @ 40% weight 3) Transportation: U.S. Department of Labor PPI by Commodity for Transportation Services: Truck Transportation of Freight (WPU3012) @ 20% weight The percent adjustment shall be calculated by taking the percent difference for each index during a twelve month period. These percentages will then be averaged per the proportions shown above for calculating the final percent adjustment to which all virgin GAC will be subject. Annual Limits: Annual increases are limited to a maximum of 10% regardless of the above calculation, and annual decreases are limited to a maximum of 5% regardless of the above calculation. No amounts in excess of these limits (either increases or decreases) shall be carried over to subsequent years. Initial Fee Limit: Regardless of any annual fee adjustment calculation, fees covered by this Agreement will at no time be reduced below the Initial Fee. Custom Reactivated GAC [CMR]: The fees payable pursuant hereto will be adjusted on (month and date) of each calendar year by the annual percentage change in the following three price indices, in the proportion indicated next to each index: 1) U.S. Department of Labor PPI Data for Utilities (PCU221 --- 221---) @ 10% weight 2) U.S. Department of Labor CPI for Urban Wage Earners for the West (CWUR0400SAO) @ 60% weight 3) U.S. Department of Labor PPI by Commodity for Transportation Services: Truck Transportation of Freight (WPU3012) @ 30% weight The percent adjustment shall be calculated by taking the percent difference for each index during a twelve month period These percentages will then be averaged per the proportions shown above for calculating the final percent adjustment to which all reactivated carbon will be subject. Annual Limits: Annual increases are limited to a maximum of 10% regardless of the above calculation, and annual decreases are limited to a maximum of 5% regardless of the above calculation. No amounts in excess of these limits (either increases or decreases) shall be carried over to subsequent years. Initial Fee Limit: Regardless of any annual fee adjustment calculation, fees covered by this Agreement will at no time be reduced below the Initial Fee. Additional Virgin Make -Up Pricinp_ for CMR: The custom reactivated carbon (CMR) fee in the Agreement includes 20% virgin make-up GAC. In those cases where additional virgin make-up GAC in excess of 20% is required to meet quality control requirements or to replace spent GAC that was fouled and could not be cleaned, the additional virgin make-up GAC shall be provided at an additional cost. This price shall also be adjusted on an annual basis, using the following indices in the proportion indicated next to each index (note: Annual and Initial Fee Limits apply here as for Virgin GAC above): 1) U.S. Department of Labor PPI for All Other Basic Organic Chemicals Manufacturing: Miscellaneous end-use chemicals and chemical products, excluding urea (PCU325199325199T) @ 40% weight 2) U.S. Department of Labor CPI for Urban Wage Earners for the U.S. City Average (CWUROOOOSAO) @ 40% weight 3) Transportation: U.S. Department of Labor PPI by Commodity for Transportation Services: Truck Transportation of Freight (WPU3012) @ 20% weight 7. CONTRACT PERIOD The contract term will be for a period of three (3) years commencing on the first day that the contract is signed by both parties. PRICE SHEET Virele GAC Fill Product Name: FILTRASORB 400M Unit Price for Virgin GAC, including all associated $2.54 per (lb.) @ 20,000 lb. Load freight and field services: $2.69 per (lb.) @ 30,000 lb. Load 20% virgin GAC for make-up purposes: $2.54 per (lb.) @ 40,000 lb. Load Product Name: FILTRASORB 300M Unit Price for Virgin GAC, including all associated $2.54 per (lb.) @ 20,000 lb. Load freight and field services: $2.69 per (lb.) @ 30,000 lb. Load 20% virgin GAC for make-up purposes: $2.54 per (lb.) @ 40,000 lb. Load Custom Reactivated GAC Fill Product Name: CMR 400 Unit Price for Custom Reactivated GAC, including $1.87 per (lb.) @ 20,000 lb. Load all associated freight and field services and up to $2.02 per (lb.) @ 30,000 lb. Load 20% virgin GAC for make-up purposes: $1.87 per (lb.) @ 40,000 lb. Load Unit Price for Virgin GAC for make-up required in excess of 20%: $0.99 per (lb.) Product Name: CMR 300 Unit Price for Custom Reactivated GAC, including $1.87 per (lb.) @ 20,000 lb. Load all associated freight and field services and up to $2.02 per (lb.) @ 30,000 lb. Load 20% virgin GAC for make-up purposes: $1.87 per (lb.) @ 40,000 lb. Load Unit Price for Virgin GAC for make-up required in excess of 20%: $0.99 per (lb.) Vessel Unit Price per vessel. API -510 certified inspection 1 $5,588.00 per vessel j NOT TO EXCEED $900,000 W -K EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Most Contracts (Not construction or requiring professional Habilihr) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Other Insurance Provisions: (a) Additional Narned Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and NonTContributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp olect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 I of 2 pages Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Corn If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1 st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev 3/1/2018 Capital Improvement Plan FY 2022-2023 Project Title: GAC Replacement I Munis Project Code: CIP List Proj # Section I: Description District Nos: Project Length Priority Granular activated carbon (GAC) treatment systems (Attachment1) are currently utilized at nine well sites to treat and adsorb dibromochloropropane (DBCP), 1,2,3,- trichloropropane (1,2,3 -TCP) and other contaminates found in drinking water. GAC treatment is a requirement of the City's domestic water permit. Justification/factor driving project Additional Information Section II: Estimated Proje Expenditure Prior Years FY 21122 Estimate Contracts $ - $ - $ - Total Capital Costs $ - $ - FY 22123 FY 23124 FY 24125 FY 25126 FY 26127 Budget $ 900,000 Future Yrs Total $ 900,000 $ - $ 900,000 $ - $ - $ - $ - $ - $ - $ 900,000 Section III: Funding Sourc( Funding Source(s) Prior Years FY 21122 Estimate 561 - Water Capital Outlay $ Total Project Financing $ - $ - FY 22123 FY 23124 FY 24125 FY 25126 FY 26127 Budget $ 900,000 $ 900,000 $ - $ - $ - $ - Future Yrs $ $ - $ Total 900,000 900,000 RESOLUTION NO. 2023-53 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO WAIVE THE BID PROCESS AND EXECUTE A THREE- YEAR PROFESSIONAL SERVICES AGREEMENT WITH CALGON CARBON, OF MOON TOWNSHIP, PENNSYLVANIA, FOR CUSTOM REGENERATION GRANULAR ACTIVATED CARBON SERVICES; AND FURTHER APPROPRIATING FUNDS WHEREAS, Granular activated carbon (GAC) treatment systems are currently utilized at nine well sites to treat and adsorb dibromochloropropane (DBCP), 1,2,3,- trichloropropane (1,2,3 -TCP) and other contaminates found in drinking water; and WHEREAS, over time, the carbon loses its adsorptive capacity and must be replaced or regenerated. Historically when replacement has been warranted, the City has chosen to replace with virgin coal GAC; and WHEREAS, Calgon Carbon (Calgon) is an industry leader in custom regeneration. Calgon operates the only potable reactivation facility in the western United States; and WHEREAS, staff recommends the City Council authorize the City Manager to waive the bid process and execute a three-year Professional Services Agreement with Calgon Carbon, of Moon Township, Pennsylvania, for custom regeneration Granular Activated Carbon services, in the amount of $900,000; and WHEREAS, staff further recommends the appropriation of funds in the amount of $900,000 to the Water Capital Fund (56199000.77020). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to waive the bid process and execute a three-year Professional Services Agreement with Calgon Carbon, of Moon Township, Pennsylvania, for custom regeneration Granular Activated Carbon services, in the amount of $900,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $900,000 to the Water Capital Fund (56199000.77020); and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: March 15, 2023 I hereby certify that Resolution No. 2023-53 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 15, 2023, by the following vote: AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None YII PAMELA M. FARRIS Assistant City Clerk 2023-53