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KHB20151022 1 NOTICE INVITING SEALED BIDS FOR GRANULAR ACTIVATED CARBON (GAC) REPLACEMENT IN THE CITY OF MONTEREY PARK (BID IN ACCORDANCE WITH MONTEREY PARK MUNICIPAL CODE CHAPTER 3.100) TAKE NOTICE that the City of Monterey Park invites sealed bids for the above project and will receive such bids in the offices of the City Clerk, 320 W. Newmark Ave., Monterey Park, CA, 91754, up to the hour of 11:00 a.m. on: TUESDAY, November 20, 2018 at which time they will be publicly opened. The City’s standard maintenance service contract incorporates the provisions of the California Labor Code and requires the successful bidder to comply with the prevailing rates of wages and apprenticeship employment standards established by the Department of Industrial Relations. APPLICABLE IF BOX IS CHECKED: The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order Nos. 11246 and 11375. Minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. Note that a bid bond is (the City Engineer estimates project will exceed $30,000) is not (project will not exceed $30,000) required for this bid.

NOTICE INVITING SEALED BIDS FOR GRANULAR ACTIVATED …

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KHB20151022 1

NOTICE INVITING SEALED BIDS FOR

GRANULAR ACTIVATED CARBON (GAC) REPLACEMENT

IN THE CITY OF MONTEREY PARK

(BID IN ACCORDANCE WITH MONTEREY PARK MUNICIPAL CODE CHAPTER 3.100)

TAKE NOTICE that the City of Monterey Park invites sealed bids for the above project and will receive such bids in the offices of the City Clerk, 320 W. Newmark Ave., Monterey Park, CA, 91754, up to the hour of 11:00 a.m. on:

TUESDAY, November 20, 2018

at which time they will be publicly opened.

The City’s standard maintenance service contract incorporates the provisions of the California Labor Code and requires the successful bidder to comply with the prevailing rates of wages and apprenticeship employment standards established by the Department of Industrial Relations.

☐APPLICABLE IF BOX IS CHECKED: The contractor to whom the contract is awardedmust assist in locating, qualifying, hiring and increasing the skills of minority groupemployees and applicants for employment, as set forth in Executive Order Nos. 11246and 11375.

Minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

Note that a bid bond is (the City Engineer estimates project will exceed $30,000) is not ☐ (project will not exceed $30,000) required for this bid.

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Note that a performance bond is ☐is not required for this bid.

Note that the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be nonresponsive.

DATED this 31st day of October, 2018.

CITY OF MONTEREY PARK, CALIFORNIA

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BIDDING INSTRUCTIONS

1 DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in these Bidding Documents. Words and phrases not defined in this Section have the meaning set forth in the Monterey Park Municipal Code (“ESMC”) or applicable law.

1.1 “Addenda” means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

1.2 “Alternate” means a proposed change in the maintenance services, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both.

1.3 “Bid Deadline” means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda.

1.4 “Bidder” means a person or firm that submits a Bid.

1.5 “Bidding Documents” means the construction documents prepared and issued for bidding purposes including all Addenda.

1.6 “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Bid; the Maintenance Service Agreement; Supplementary Conditions; Exhibits; Technical Specifications; Addenda; Notice to Proceed; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.

1.7 “Lump Sum Base Bid” means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates.

1.8 “Unit Price” means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement.

1.9 “Work” means the Scope of Work identified in the Contract Documents for which the Notice Inviting Bids is issued.

2 BIDDER’S REPRESENTATIONS. By making its Bid, Bidder represents that:

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2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents.

2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents.

2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents.

2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor’s State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors. If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder must also hold either (1) a specialty contractor “C” license in each such trade, (2) a General Engineering contractor “A” license, or (3) a General Building contractor “B” license. This requirement is applicablewhether or not Bidder lists a Subcontractor for each such trade.

2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.

2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents.

2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder’s behalf.

2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work.

2.9 The Bidder has paid the City’s business license fee(s).

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3 BIDDING DOCUMENTS.

3.1 Bidders may obtain complete sets of the Bidding Documents from the City’s Public Works Department for the sum stated in the Notice for Bids.

3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.

3.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents.

4 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.

4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s Representative errors, inconsistencies, or ambiguities discovered.

4.2 Requests for clarification or interpretation of the Bidding Documents will be addressed to the City’s Representative.

4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding and Bidders will not rely upon them.

5 PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents.

6 SUBCONTRACTORS.

6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor’s business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so.

6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law.

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7 ADDENDA.

7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda.

7.2 Copies of Addenda will be made available for inspection at the City’s Public Works Department.

7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued anytime before the Bid Deadline.

7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid.

8 FORM AND STYLE OF BIDS

8.1 Bids will be submitted on the Bid Form included with the Bidding Documents. Bids not submitted on the City’s Bid Form will be rejected.

8.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter.

8.3 Bidder’s failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter “No Change.”

8.4 Each Bidder must fill out the “Bidders Statement of Past Contract Disqualifica-tions” form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The Bidder must explain the circumstances of each disqualification. The City may reject the bid based on such information.

8.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.

8.6 The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished must be paid for

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according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes must be covered as extra work.

8.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder’s Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected.

9 BID SECURITY

9.1 If indicated on the Notice Inviting Bids, each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to “City of Monterey Park.” When a Bond is used for Bid Security, failure to use the City’s Bid Bond form will result in the rejection of the Bid.

9.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which the City procures the Work.

9.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California, Department of Insurance list of, “Insurers Admitted to Transact Surety Insurance in This State.”

9.4 The City will retain Bid Security until the occurrence of one of the following:

9.4.1 All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City.

9.4.2 The specified time has elapsed during which Bids may be withdrawn.

9.4.3 All Bids have been rejected.

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9.5 The Bid Form, Bid Security, and all other documents required to be submitted with the Bid will be enclosed in a sealed opaque envelope. The envelope will be addressed to the City Clerk. The envelope will be identified with the Project name, Bidder’s name and address, and, if applicable, the designated portion of the Project for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope will be enclosed in a separate mailing envelope labeled as follows: “SEALED BID ENCLOSED.”

9.6 Bids will be deposited at the designated location on or before the Bid Deadline. A Bid received after the Bid Deadline will be returned to Bidder unopened.

9.7 Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids.

9.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.

10 MODIFICATION OR WITHDRAWAL OF BID.

10.1 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of such action will be given to the City in writing and signed by the Bidder’s authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.

10.2 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.

10.3 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.

10.4 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.

11 OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly.

12 REJECTION OF BIDS.

12.1 The City will have the right to reject all Bids.

12.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular.

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13 AWARD

13.1 The City may retain all bids for a period of sixty (60) days for examination and comparison, and to delete any portion of the work from the contract.

13.2 The City may waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City.

13.3 The City has the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents.

13.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the “multiplier” as stated in the Bid Form, plus the amounts of all accepted Alternates.

13.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

13.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten (10) days after receiving the City’s notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:

13.5.1 Three originals of the Agreement signed by Bidder.

13.5.2 Three originals of the Labor and Materials Bond.

13.5.3 Three originals of the Performance Bond (if applicable).

13.5.4 Three originals of the Noncollusion Affidavit.

13.5.5 Certificates of Insurance on form provided by the City.

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13.5.6 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders’ company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references.

13.5.7 Preliminary Contract Schedule.

13.5.8 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not submitted, the City will withhold retention.

13.5.9 Cost Breakdown.

13.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract.

13.7 If Bidder submits the three original signed Agreements and all other items within ten (10) days after receiving the City’s notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder.

13.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder’s Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids.

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MAINTENANCE AGREEMENT BETWEEN

THE CITY OF MONTEREY PARK AND Contractor name

(Awarded per Monterey Park Municipal Code Chapter 1-7C)

[CANNOT BE USED FOR CONSTRUCTION, RECONSTRUCTION, ERECTION, ALTERATION, RENOVATION, IMPROVEMENT, DEMOLITION, REPAIR

WORK, PAINTING OR MAJOR REPAINTING]

THIS MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this ___ day of ___________, 20___, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”) and Contractor name, a type of organization, e.g., corporation, and state of incorporation (“CONTRACTOR”).

The Parties agree as follows:

1. CONSIDERATION.

A. As partial consideration, CONTRACTOR agrees to perform the work listedin the SCOPE OF SERVICES, below;

B. As additional consideration, CONTRACTOR and CITY agree to abide bythe terms and conditions contained in this Agreement;

C. As additional consideration, CITY agrees to pay CONTRACTOR forCONTRACTOR’s services not to exceed a total of $Click here to enter text.for the work. CITY will pay for work on the basis of the hourly rates andcost reimbursement rates as specified in the attached Exhibit “A,” which isincorporated by reference.

2. TERM. The term of this Agreement will be from Click here to enter a date. to Click hereto enter a date.. The Agreement may be renewed upon mutual consent of the parties byamending this Agreement.

3. SCOPE OF SERVICES.

A. This Agreement may be used for “maintenance services” which includethe following:

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i. Routine, recurring, and usual work for the preservation or protectionof any publicly owned or publicly operated facility for its intendedpurposes.

ii. Minor repainting.

iii. Resurfacing of streets and highways at less than one inch.

iv. Landscape maintenance.

v. Work performed to keep, operate, and maintain publicly ownedwater, power, or waste disposal systems and electricaltransmission lines of 230,000 volts and higher.

vi. Carpentry, electrical, plumbing, glazing, and other craftwork;

B. CONTRACTOR will perform the maintenance services listed in theattached Exhibit “B,” which is incorporated by reference. The provisionscontained in this Agreement supersede any conflicting provisions inExhibit B.

C. Maintenance services required by CITY will be provided on an as-neededbasis with CITY determining and advising CONTRACTOR as to whenspecific services are required to be performed or completed byCONTRACTOR. Requests must be memorialized using a notice toproceed that may be in the form of a purchase order. The provisionscontained in this Agreement supersede any conflicting provisions in apurchase order issued for maintenance services.

D. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,technical, administrative, professional and other personnel, all suppliesand materials, equipment, printing, vehicles, transportation, office spaceand facilities, and all tests, testing and analyses, calculation, and all othermeans whatsoever, except as herein otherwise expressly specified to befurnished by CITY, necessary or proper to perform and complete the workand provide the professional services required of CONTRACTOR by thisAgreement.

4. PREVAILING WAGES.

A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of

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Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

B. In accordance with Labor Code § 1773.2, copies of the prevailing rate ofper diem wages are available upon request from CITY’s EngineeringDivision or the website for State of California Prevailing wagedetermination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR mustpost a copy of the prevailing rate of per diem wages at the job site.

C. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6and 3098 concerning the employment of apprentices by CONTRACTORor any subcontractor.

D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employingtradesmen in any apprenticeship occupation to apply to the jointapprenticeship committee nearest the site of the public works project andwhich administers the apprenticeship program in that trade for a certificateof approval. The certificate must also fix the ratio of apprentices tojourneymen that will be used in the performance of the contract. The ratioof apprentices to journeymen in such cases will not be less than one tofive except:

i. When employment in the area of coverage by the joint appren-ticeship committee has exceeded an average of 15 percent in the90 days before the request for certificate, or

ii. When the number of apprentices in training in the area exceeds aratio of one to five, or

iii. When the trade can show that it is replacing at least 1/30 of itsmembership through apprenticeship training on an annual basisstate-wide or locally, or

iv. When CONTRACTOR provides evidence that CONTRACTORemploys registered apprentices on all of his contracts on an annualaverage of not less than one apprentice to eight journeymen.

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v. CONTRACTOR is required to make contributions to funds estab-lished for the administration of apprenticeship programs ifCONTRACTOR employs registered apprentices or journeymen inany apprenticeable trade on such contracts and if other contractorson the public works site are making such contributions.

vi. CONTRACTOR and any subcontractor must comply with LaborCode §§ 1777.5 and 1777.6 in the employment of apprentices.

vii. Information relative to apprenticeship standards, wage schedulesand other requirements may be obtained from the Director ofIndustrial Relations, ex-officio the Administrator of Apprenticeship,San Francisco, California, or from the Division of ApprenticeshipStandards and its branch offices.

E. CONTRACTOR and its subcontractors must keep an accurate certifiedpayroll records showing the name, occupation, and the actual per diemwages paid to each worker employed in connection with this Agreement.The record will be kept open at all reasonable hours to the inspection ofthe body awarding the contract and to the Division of Labor LawEnforcement. If requested by CITY, CONTRACTOR must provide copiesof the records at its cost.

5. PAYMENTS.

A. For CITY to pay CONTRACTOR as specified by this Agreement,CONTRACTOR must submit a detailed invoice to CITY.

B. CITY’s city manager may make payments up to $Click here to enter text. forspecial items of work not included in the project scope of work andservices. Payments for special work will only be made after CITY issues awritten notice to proceed for the specific special tasks. A written scope ofwork, an agreed upon additional fee, a schedule for starting andcompleting the special tasks, and an agreed upon extension of the time forperformance, if needed to complete the special work, will be requiredbefore CITY issues a notice to proceed for special work. All special workwill be subject to all other terms and provisions of this Agreement.

6. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONTRACTOR represents that

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CONTRACTOR has

i. Thoroughly investigated and considered the scope of services to beperformed;

ii. Carefully considered how the services should be performed; and

iii. Understands the facilities, difficulties, and restrictions attendingperformance of the services under this Agreement.

B. If services involve work upon any site, CONTRACTOR warrants thatCONTRACTOR has or will investigate the site and is or will be fullyacquainted with the conditions there existing, before commencing theservices hereunder. Should CONTRACTOR discover any latent orunknown conditions that may materially affect the performance of theservices, CONTRACTOR will immediately inform CITY of such fact andwill not proceed except at CONTRACTOR’s own risk until writteninstructions are received from CITY.

7. INSURANCE.

A. Before commencing performance under this Agreement, and at all othertimes this Agreement is effective, CONTRACTOR will procure andmaintain the following types of insurance with coverage limits complying,at a minimum, with the limits set forth below:

Type of Insurance Limits (combined single)

Commercial general liability: $$2M is default Business automobile liability $$1M is default Workers compensation Statutory requirement.

B. Commercial general liability insurance will meet or exceed therequirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount ofinsurance set forth above will be a combined single limit per occurrencefor bodily injury, personal injury, and property damage for the policycoverage. Liability policies will be endorsed to name City, its officials, andemployees as “additional insureds” under said insurance coverage and tostate that such insurance will be deemed “primary” such that any otherinsurance that may be carried by City will be excess thereto. Suchinsurance will be on an “occurrence,” not a “claims made,” basis and will

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not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.

C. Automobile coverage will be written on ISO Business Auto Coverage FormCA 00 01 06 92, including symbol 1 (Any Auto).

D. CONTRACTOR will furnish to City duly authenticated Certificates ofInsurance evidencing maintenance of the insurance required under thisAgreement, endorsements as required herein, and such other evidence ofinsurance or copies of policies as may be reasonably required by Cityfrom time to time. Insurance must be placed with insurers with a currentA.M. Best Company Rating equivalent to at least a Rating of “A:VII.”Certificate(s) must reflect that the insurer will provide thirty (30) day noticeof any cancellation of coverage. CONTRACTOR will require its insurer tomodify such certificates to delete any exculpatory wording stating thatfailure of the insurer to mail written notice of cancellation imposes noobligation, and to delete the word “endeavor” with regard to any noticeprovisions.

E. Should CONTRACTOR, for any reason, fail to obtain and maintain theinsurance required by this Agreement, City may obtain such coverage atCONTRACTOR’s expense and deduct the cost of such insurance frompayments due to CONTRACTOR under this Agreement or terminate.

8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under thisAgreement until:

A. CONTRACTOR furnishes proof of insurance as required under Section 7of this Agreement; and

B. CITY gives CONTRACTOR a written notice to proceed.

C. Should CONTRACTOR begin work in advance of receiving writtenauthorization to proceed, any such professional services are atCONTRACTOR’s own risk.

9. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at anytime with or without cause. Notice of termination will be in writing.

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B. CONTRACTOR may terminate this Agreement upon providing writtennotice to CITY at least thirty (30) days before the effective terminationdate.

C. Should the Agreement be terminated pursuant to this Section, CITY mayprocure on its own terms services similar to those terminated.

D. By executing this document, CONTRACTOR waives any and all claims fordamages that might otherwise arise from CITY’s termination under thisSection.

10. INDEMNIFICATION.

A. CONTRACTOR indemnifies and holds CITY harmless from andagainst any claim, action, damages, costs (including, withoutlimitation, attorney’s fees), injuries, or liability, arising out of thisAgreement, or its performance. Should CITY be named in any suit, orshould any claim be brought against it by suit or otherwise, whetherthe same be groundless or not, arising out of this Agreement, or itsperformance, CONTRACTOR will defend CITY (at CITY’s request andwith counsel satisfactory to CITY) and will indemnify CITY for anyjudgment rendered against it or any sums paid out in settlement orotherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials,employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions willsurvive termination of this Agreement.

11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree thatCONTRACTOR will act as an independent contractor and will have control of all workand the manner in which is it performed. CONTRACTOR will be free to contract forsimilar service to be performed for other employers while under contract with CITY.CONTRACTOR is not an agent or employee of CITY and is not entitled to participate inany pension plan, insurance, bonus or similar benefits CITY provides for its employees.Any provision in this Agreement that may appear to give CITY the right to directCONTRACTOR as to the details of doing the work or to exercise a measure of controlover the work means that CONTRACTOR will follow the direction of the CITY as to endresults of the work only.

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12. NOTICES.

A. All notices given or required to be given pursuant to this Agreement will bein writing and may be given by personal delivery or by mail. Such noticingdoes not include day-to-day communications between CITY’s andCONTRACTOR’s project managers. Notice sent by mail will be addressedas follows:

To CITY: Click here to enter text.

To CONTRACTOR: Click here to enter text.

B. When addressed in accordance with this paragraph, notices will bedeemed given upon deposit in the United States mail, postage prepaid. Inall other instances, notices will be deemed given at the time of actualdelivery.

C. Changes may be made in the names or addresses of persons to whomnotices are to be given by giving notice in the manner prescribed in thisparagraph.

13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with aTaxpayer Identification Number.

14. WAIVER. A waiver by CITY of any breach of any term, covenant, or conditioncontained in this Agreement will not be deemed to be a waiver of any subsequentbreach of the same or any other term, covenant, or condition contained in thisAgreement, whether of the same or different character.

15. CONSTRUCTION. The language of each part of this Agreement will be construedsimply and according to its fair meaning, and this Agreement will never be construedeither for or against either party.

16. SEVERABLE. If any portion of this Agreement is declared by a court of competentjurisdiction to be invalid or unenforceable, then such portion will be deemed modified tothe extent necessary in the opinion of the court to render such portion enforceable and,as so modified, such portion and the balance of this Agreement will continue in full forceand effect.

KHB20151022 19

17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenienceof reference only and will not affect the interpretation of this Agreement.

18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitutea waiver of any other provision, nor will such waiver constitute a continuing waiver.

19. INTERPRETATION. This Agreement was drafted in, and will be construed inaccordance with the laws of the State of California, and exclusive venue for any actioninvolving this agreement will be in Los Angeles County.

20. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditionedupon approval and ratification by the Monterey Park City Council. This Agreement is notbinding upon CITY until executed by the City Manager. The Parties represent andwarrant that all necessary action has been taken by the Parties to authorize theundersigned to execute this Agreement and to engage in the actions described herein.This Agreement may be modified by written agreement. CITY’s city manager mayexecute any such amendment on behalf of CITY.

21. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that thisAgreement, agreements ancillary to this Agreement, and related documents to beentered into in connection with this Agreement will be considered signed when thesignature of a party is delivered by facsimile transmission. Such facsimile signature willbe treated in all respects as having the same effect as an original signature.

22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruitybetween any provision of this Agreement, its attachments, the purchase order, or noticeto proceed, the provisions of this Agreement will govern and control.

23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenienceof reference only and will not affect the interpretation of this Agreement.

24. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,flood, explosion, war, terrorist act, embargo, government action, civil or militaryauthority, the natural elements, or other similar causes beyond the Parties’ control, thenthe Agreement will immediately terminate without obligation of either party to the other.

25. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the soleagreement between CONTRACTOR and CITY respecting Click here to enter text.. To theextent that there are additional terms and conditions contained in Exhibit “A” that are notin conflict with this Agreement, those terms are incorporated as if fully set forth above.

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There are no other understandings, terms or other agreements expressed or implied, oral or written.

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF MONTEREY PARK Click here to enter text.

_________________________________ ____________________________ Click here to enter text., City Manager

ATTEST:

_____________________________ Taxpayer ID No. Click here to enter text. Click here to enter text. City Clerk

APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney

By: _________________________________ Click here to enter text., Assistant City Attorney

City of Monterey Park GAC Replacement 1

TECHNICAL SPECIFICATIONS

INTRODUCTION

These specifications have been prepared for services relating to the removal and replacement of granular activated carbon (GAC) for the City of Monterey Park. City of Monterey Park hereinafter referred to as the Buyer, requires the seller of GAC removal and installation services, hereinafter referred to as the Seller, to provide services necessary to conduct these activities, as described below.

NOTE: Proposer has the option to bid on either - or both - catalytic and/or non-catalytic GAC.

NON-CATALYTIC GRANULAR ACTIVATED CARBON (GAC) MEDIA

1. STATEMENT OF WORK (SOW)

The Buyer is requesting the Seller to provide services and equipment to profile, remove and replace GAC from the following Activated Carbon Absorber Units:

NON-CATALYTIC

LOCATION GAC (pounds)

PRIMARY VESSELS

Dual Barrier 240,000 (2 - 120,000 lbs. changeouts) 6

Well 5 40,000 2 Wells 1, 3, 10, and Fern 120,000 6

All work will be conducted under the supervision of the Buyer’s Site Manager pursuant to the specifications described herein.

The not-to-exceed cost in the Bid Form includes all parts and labor to complete GAC replacement services described below:

A. Perform GAC replacement with zero discharge system to process generated water intoexisting GAC system influent;

B. Perform caustic wash procedure at each vessel if required. This is an optional cost that is notincluded in the Total Cost.

C. Buyer requires the Seller to visually inspect the inside of carbon vessels during the change-outprocess and inform Buyer of any defects. Seller must electronically photograph the insidechamber, including the nozzles and any other internal appurtenances, and provide the Buyerwith copies of all photographs and two copies of a written report (binder with tabs)identifying any anomalous corrosion, deterioration, accumulation of scale or other buildupthat may be present inside the vessel.

D. Seller will wash down the interior of the vessels to remove all spent carbon and replace twomanway gaskets per vessel. Buyer will provide manway gaskets.

City of Monterey Park GAC Replacement 2

E. After completion of the inspection the Seller must notify Buyer if and when the vessels are ingood condition and ready for disinfection. The vessels must then be disinfected by the Sellerin accordance with Chlorination Method 2 (4.3.2) of ANSI/AWWA C652-02. A copy of samewill be provided by the Buyer to the Seller upon request. Additionally, vessels will be filledwith potable water and disinfected at 500 ppm for 30 minutes.

F. Vessels must be flushed to waste with system water and the effluent will be neutralized bythe Seller to conform to all National Pollutant Discharge Elimination System (NPDES)regulations.

G. Prior to disinfection, the Seller must perform a high-pressure hot wash to all vessels.

H. The Seller is responsible for spray method disinfection with 50/50 water to 12.5% liquidchlorine solution of hoses and miscellaneous attachments that make direct contact with virgincarbon and provide the Buyer with documentation of same.

I. Provide Food Grade Hot Wash Certification for trailer and hoses.

J. Replace the spent GAC with Virgin Coconut Shell GAC to have the following specifications,(written documentation of compliance to be submitted to Buyer):

• US Mesh Size 8 x 30 o Larger than No. 8 5% Maximum o Smaller than No. 30 4% Maximum

• Effective Size 0.8 – 1.0 mm. • Uniformity Coefficient 2.0 Maximum • Iodine Number 1000 – 1150 mg/gm Minimum • Specific Surface Area (N2 Bet Method) 1150 m²/gm • Abrasion Number 90 Minimum • Hardness (ASTM 3802) 98.0% Minimum • Total Ash Content (ASTM 2866) 6% Maximum • Apparent Density (ASTM 2864) 0.46 - 0.54 g/cc • Mean Particle Diameter 1.5 – 1.7 mm. • Moisture as Packed 2% Maximum • GAC must comply with current AWWA Standard for Granular Activated Carbon (B604), and

ANSI/NSF Standard 61.

K. After virgin GAC has been soaking for 18 hours, but prior to be put into service, the Buyer mustbackwash the vessels to remove carbon fines, air and to fully stratify the carbon bed.

L. Profile spent GAC per State and Federal Regulations. The Seller will collect the required fieldsamples and submit them for analysis. Documentation for disposal of spent GAC at a CERCLAfacility must be provided to the Buyer.

M. The Seller is responsible for providing all adequate transfer hose and fittings and equipment forthe GAC replacement, including standard fittings for a fire hydrant, fittings for air compressor(s),fittings for the GAC vessels, and any other necessary fittings and transfer hose for this project.

N. The Buyer’s Site Manager or field representative will be on-site to oversee all activities

City of Monterey Park GAC Replacement 3

conducted by the Seller. Conductance of activities by the Seller is dependent upon the approval of the Buyer’s Site Manager.

O. The Seller must furnish all materials, tools, supplies, and labor to accomplish the tasks noted inthis SOW. The Seller must furnish adequate equipment to properly perform the work inaccordance with these specifications. All equipment must be in a good state of repair andmaintained in such state during the progress of work.

P. Seller must provide Buyer with documentation of virgin carbon Certificate of Analysis (COA),spent carbon Non-Hazardous Waste Manifest, Field Service Report.

2. INSPECTION OF WORK AND ADDITIONAL REQUIREMENTS

The Seller must permit the Buyer to inspect work in-progress at any and all times. The Buyer's SiteManager is the official empowered to determine compliance with the specifications and standardsof this SOW and to accept on behalf of the Buyer the services of the Seller. The Seller must correctservices that do not comply with the specifications and standards of this SOW at no expense to theBuyer.

3. SITE CLEANUP AND RESTORATION

After completing field operations, the Seller must promptly remove all equipment and material fromthe site, and make a reasonable effort to restore the area to its original condition. This task willinclude such activities as removing trash and debris, etc. Site cleanup and restoration will beaccomplished to the satisfaction of the Buyer's Site Manager prior to demobilization.

City of Monterey Park GAC Replacement 4

CATALYTIC GRANULAR ACTIVATED CARBON (GAC) MEDIA (Specifications provided by design-build contractor, J.R. Filanc Construction Company, Inc.)

PART 1 – GENERAL

1.01 THE REQUIREMENT

A. The Manufacturer shall furnish virgin catalytic granular activated carbon (GAC) media (GACmedia) to the City of Monterey Park (Owner) for use at its Centralized Groundwater TreatmentSystem (CGTS). The GAC media shall provide quenching of hydrogen peroxide (H2O2) residualfrom the upstream advanced oxidation process (AOP). The manufacturer shall be completelyresponsible for the proper installation, start-up and performance of the GAC media hereinspecified.

B. Provide all labor, material, and equipment required to furnish, install and place intosatisfactory operation, the GAC media in a total of ten (10) pressure vessels.

C. Any material used in treatment of Public Water Supplies, shall meet and demonstrateconformance to all requirements for potable water usage as established by the State WaterResources Control Board Division of Drinking Water (DDW). All such products must conform tothe requirements of the Safe Drinking Act and American National Standards Institute/NationalSanitation Foundation (ANSI/NSF) Standard 61.

1.02 RELATED WORK

A. Section 01300 - Submittals

B. Section 01600 - Materials and Equipment

C. Section 11000 - Equipment, General Provisions

D. Section 11900 Granular Activated Carbon Pressure Vessels

1.03 REFERENCE STANDARDS

A. Where applicable, the GAC media shall be in accordance with the following:

1. American Society for Testing & Materials (ASTM)

2. American Water Works Association Standards (AWWA)

3. U.S. Food and Drug Administration, 21 CFR 175.300 and 177.2420

4. ANSI/NSF Standard Drinking Water System Components – Health Effects

1.04 SUBMITTALS

A. Submit for review detailed product data under provisions of Section 01300.

City of Monterey Park GAC Replacement 5

B. Submittals for the GAC media shall include the following:

1. Manufacturer's name, carbon manufacturing location and address, capacity of themanufacturing facility, source material (bituminous coal or coconut shell), source materiallocation, agglomeration/thermal process, and product name and numbers shall besubmitted.

2. Manufacturer’s product data, including Material Safety Data Sheet (MSDS).

3. Notarized affidavit of compliance for the GAC media stating that the GAC media furnishedis ANSI/NSF 61 certified.

4. Complete description of sufficient detail to permit an item by item comparison with Part 2of this specification.

5. Graph illustrating clean bed pressure loss per foot of bed depth versus feed flow rate attwo different temperatures (between 55-60˚Fand between 65-70˚F).

6. Graph illustrating expansion of the GAC media (in percentage) during backwashing at twodifferent temperatures (between 55-60˚Fand between 65-70˚).

7. Submission of signed “Throughput Guarantee” on company letterhead stating theguaranteed life cycle bed volumes given the design basis established herein.

8. Detailed storage, installation, and placement instructions for the GAC media describingmethod of transfer, water requirements for transfer and backwash and size of transferlines. The method of installation is to comply with requirements stated herein and shallminimize attrition and generation of fines.

9. Manufacturer’s Certificate of Analysis for each batch of GAC media.

10. Samples/Material Certificate of GAC media.

1.05 OPERATION AND MAINTENANCE MANUALS

A. Submit detailed operation and maintenance manuals in accordance with Sections 01300 ofthese specifications prior to delivery of the GAC media. Submit the preliminary O&M manualprior to delivery of the GAC media and six revised copies after installation and startup.

1.06 SAMPLING AND MATERIAL CERTIFICATION OF CATALYTIC GAC MEDIA

A. The Manufacturer shall submit a gross composite sample that has been divided into three 1pound samples. One of the three sample portions taken shall be furnished to a certifiedindependent testing laboratory and two duplicate samples shall be furnished to the Owner.Samples shall be taken before shipment and after arrival at the site prior to installation.

Duplicate samples of GAC media must be submitted in clean, vapor-proof containers clearlymarked with the supplier address and identified with the lot number of the contents. Samplingshall be in conformance with AWWA B604, ASTM E300 and AWWA B100.

City of Monterey Park GAC Replacement 6

B. Samples Prior to Shipment: Sampling shall be in accordance with the latest revision of AWWAB604. Testing and reporting of results by the certified independent testing laboratory shall bein accordance with the latest revision of AWWA B604, and results shall be submitted to theEngineer for approval prior to shipment. Test results shall include a statement certifying thatthe material for shipment is equal in quality to the sample submitted. Analyses shall beperformed to confirm gradation, effective size, uniformity coefficient, iodine number, ashcontent, abrasion number, and apparent density. No plus tolerance shall be allowed onuniformity coefficients. All costs related to testing shall be borne by the Manufacturer.

C. Samples after arrival to site. Each of the bulk truckloads of GAC media delivered to site shall besampled. For GAC media in bulk trucks, a composite sample will be obtained by taking avertical cross section sample at each access hatch to result in at least 10 pound gross sample.The gross sample, weighing at least 10 pounds, shall be mixed thoroughly and divided toprovide three 1 pound samples. All samples shall be sealed in airtight, moisture proof glasscontainers and delivered as described above. Each sample container shall be labeled to identifyit, and the label shall be signed by the sampler. Analyses shall be performed to confirmgradation, effective size, uniformity coefficient, iodine number, ash content, abrasion number,and apparent density. All costs related to testing shall be borne by the Manufacturer

D. Sample test reports shall include raw data, graphical results, computation of the effective size,uniformity coefficient, and other parameters specified in Paragraph 2.02 B. below, and shall besent directly from the certified independent laboratory to the Engineer.

E. If the GAC media does not meet the requirements of this specification or of AWWA B604, anotice of nonconformance will be provided by the Owner to the Manufacturer within five daysafter receipt of results from the independent lab. The results of the test shall prevail unless theManufacturer requests a re-test to the Owner within five (5) working days of the notice. Uponreceipt of the request for a retest, the Owner shall forward to the Manufacturer one of theduplicate sealed samples taken. The Manufacturer must notify the Owner within 12 days afterreceipt of the duplicate sealed sample if Manufacturer retesting reveals that the materialcomplies with specifications. In the event that the retest indicates compliance of the GACmedia with the specifications and AWWA B604, then the other sealed sample shall beforwarded, unopened, to a neutral laboratory agreed upon by both parties for analysis. Theresults of the neutral laboratory analysis shall be accepted as final. The cost of the neutrallaboratory analysis shall be paid by the Manufacturer if the neutral laboratory analysis showsthat the material does not meet this standard and by the Owner if it does meet this standard.

F. If the material does not meet the requirements specified in this standard, the Manufacturershall remove it from the plant site when so ordered by the Owner. At the Owner’s option, theGAC media may be accepted subject to an agreed price adjustment.

1.07 DELIVERY, STORAGE, AND HANDLING

A. Deliver, store, handle, and protect products under provisions of Section 11000.

1.08 SERVICES OF MANUFACTURER

A. The services of the manufacturer's representative shall be provided as follows:

City of Monterey Park GAC Replacement 7

1. Installation of GAC media.

2. After the installation of the GAC media check the completed installation, make any requiredadjustments, and supervise initial start-up and trial performance run.

The manufacturer's representative shall be at the job site as often as necessary to insure acompletely satisfactory installation.

PART 2 – PRODUCTS

2.01 GENERAL REQUIREMENTS

A. GAC media will be purchased by the Owner. Owner shall coordinate directly with theManufacturer to provide, install and test the GAC media, as specified herein.

B. Contractor shall provide the Owner with HACH HYP-1 hydrogen peroxide test kit withthiosulfate reagent in a quantity significant enough to perform a minimum of 100 sample tests.

2.02 GAC MEDIA

A. The GAC media shall conform to physical and chemical standards of the latest revisions ofAWWA B604 for granular activated carbon and shall be procured and installed in accordancewith AWWA B604 procedures. The GAC media shall consist of at least 626 cubic feet of GACmedia per pressure vessel to provide a minimum empty bed contact time (EBCT) of 5 minutes.

B. Characteristics of the GAC media:

Media Type Catalytic Carbon Iodine Number 900 (min) Apparent Density, g/cc 0.48-0.54 Moisture, wt % 5 (max) Effective Size 0.55-0.75 Uniformity Coefficient 2.1 (max) Abrasion No. (ROTAP) 75 (min) Water Soluble Ash, % 4 (max) Mesh Size 12 x 40 Screen Size (US Sieve), wt%

Larger than No. 12 5 (max) Smaller than No. 40 4 (max)

Maximum Backwash Surface Loading Rate (gpm/sf) 8 Required Backwash Bed Expansion, % 30

C. The GAC media shall be furnished by a single manufacturer.

City of Monterey Park GAC Replacement 8

2.03 GAC MEDIA OPERATING PARAMETERS AND TREATMENT GOALS

A. The pressure vessels shall be repurposed and shall contain components adequate to meet andtreat the following capacity and service conditions:

Number of Pressure vessels 10 Pressure vessel Configuration Parallel Design Flow per Vessel, gpm 740 Minimum GAC Media Volume, cf 626 Hydrogen Peroxide Influent Concentration, mg/L 17 (max) Influent TOC Concentration, mg/L 0.5 (max) Minimum Hydrogen Peroxide Destruction (%) 95 Hydrogen Peroxide Effluent Concentration, mg /L 0.75 (max) Temperature Range 64˚F – 70˚F

17.7˚C – 21.1˚C

pH Range 7.6-7.9 Design Hydraulic Loading Rate, gpm/sq. ft. 9.6 System Operating Pressure, psig 50 Pressure vessel Design Pressure, psig 125

B. Manufacturer shall confirm that the existing vessels are suitable for use with specified carbon,including the support plenum and other interior components and materials.

PART 3 -- EXECUTION

3.01 MANUFACTURER’S FIELD SERVICES

A. The manufacturer shall provide a qualified direct employee of the manufacturer to serve as anonsite-representative with at least five years of experience for the complete installation of GACmedia in each pressure vessel. The qualified service person must be regularly involved in theinspection, installation, start up, troubleshooting, testing, maintenance, and operation of GACpressure vessel systems and GAC media installation. The representative shall be present duringthe initial backwashing of the GAC media in each contactor.

1. The service person shall:

a. Provide installation training as necessary

b. Witness and check installation of GAC media

c. Assist in conducting field tests

d. Witness and check start-up of the system. Provide a minimum of 4 hours of assistancewith Operator training

City of Monterey Park GAC Replacement 9

e. Assist in making adjustments and modifications as necessary to optimize operation ofsystem components

f. Submit written certification that the GAC media has been properly installed, tested andadjusted including date of final acceptance test, as well as a listing of all personspresent during tests

3.02 INSTALLATION OF GAC MEDIA

A. Installation of materials provided under this Specification shall be in accordance with theManufacturer’s recommendations and the approved working drawings. Pressure vessels shallbe leak tested and disinfected prior to GAC media placement by the Owner. GAC media may beinstalled after the vessels are deemed ready following inspection once repurposing has beencompleted.

B. The Manufacturer shall provide the Owner and an independent laboratory with samples of theGAC media in accordance with the procedures provided in Section 1.06.

C. After placement, the GAC media shall be backwashed to remove excess fine material. TheManufacturer shall coordinate with the Owner to supply all water for testing from thetreatment plant backwash supply water system. The Manufacturer shall be responsible forcollecting and disposing of all backwash water. Backwashing and preparation of the GAC mediafor normal operation shall be completed utilizing the following procedure:

1. After ensuring the GAC media is completely wetted as recommended by the Manufacturer,the GAC media shall be backwashed at a reduced rate (< 5 gpm/sq. ft) for a minimum of 5minutes to remove GAC media fines and entrapped air from the filter bed.

2. After the water is clear of GAC media fines, increase the wash rate gradually over a periodof at least 10 minutes to achieve GAC media expansion between 20%- 30%, according toadjustments for backwash water temperature, and to the backwash curves supplied andrecommended by the GAC Media Manufacturer. The backwash water flow rate may beincreased in 3 gpm/sf increments while then holding for approximately 1 minute beforeincreasing another 5gpm/sf or until the desired bed expansion has been achieved.

3. Following the backwash at the 20-30% bed expansion, the backwash water flow rate shallthen be reduced by reversing the steps used to reach the maximum backwash water flowrate. When the backwash water has been stopped, the wash water supply valve shall slowlybe closed. The backwash rate shall be decreased gradually over a period of 3 minutes to 5minutes at the end of the backwash cycle. The operational GAC media bed height andresulting volume shall then be measured and determined. The volume shall be incompliance with the proper GAC media volume as required by this specification.

4. The water level in pressure vessels shall be maintained above the GAC media level at alltimes, including when the pressure vessels are removed from service, in order to preventoxygen adsorption. When exposed to air, wet GAC media will rapidly adsorb oxygen andcreate an oxygen deficient environment. GAC media shall be covered with water andworkers shall follow safety precautions before entering enclosed spaces containing wetGAC media.

City of Monterey Park GAC Replacement 10

D. Additional instructions for the installation of materials provided under this Specification are asfollows:

1. The Manufacturer shall take measures to control dust during installation. The underdrainin each pressure vessel cell shall be inspected by the Installer for any defects and/ordamages, prior to installation of the new GAC media.

2. GAC media shall be placed in the pressure vessels hydraulically as a slurry.

3. The Manufacturer shall exercise caution in installing GAC media to avoid damage to thepressure vessel underdrain system. Any damage to underdrains or other plant facilitiesresulting from work by the Manufacturer shall be repaired at the Installer’s expense. Allequipment used in placing GAC media shall be cleaned and disinfected in accordance withAWWA C653. All workers shall use boots and gloves.

3.03 GAC MEDIA THROUGHPUT GUARANTEE

A. General

1. The Manufacturer agrees to provide a guarantee of the performance of its GAC media,hereafter called the throughput guarantee, based upon the conditions that follow. TheManufacturer also agrees to provide a pro rata reimbursement on future purchases of GACmedia by the Owner should the GAC media fail to meet the throughput guaranteeprovided by the manufacturer and based upon the conditions of the guarantee that follow.

2. The Owner shall operate the system as follows:

a. Consistent with the operating instructions given in the GAC media O&M Manual.

b. Backwash when the pressure drop across the media exceeds operatingrecommendations, typically 3 times the pressure drop through clean media. Backwashaccording to the procedure set in the GAC media O&M manual.

B. Guarantee Basis

1. Quenching of hydrogen peroxide is the guaranteed function of the GAC media and thefailure of the GAC media shall be judged based on breakthrough of hydrogen peroxide ifinfluent hydrogen peroxide concentrations are shown to be maintained at or below thelevels defined in Section 2.03.A.

C. Treatment System Requirements

1. The Owner is responsible for maintaining and operating a system which provides thefollowing treatment, monitoring and operational practices:

a. Pretreatment filtration to remove sand and silt.

b. Ultraviolet Advanced Oxidation Process (UV AOP) treatment to destroy volatile organic

City of Monterey Park GAC Replacement 11

carbon (VOC) constituents.

i. Hydrogen peroxide storage tank and duty-standby metered dosing system.

ii. UV light vessels configured in a 3-train, 3 vessel per train configuration with UVballast power levels modulated by flow.

c. Sampling ports before the UV AOP system, after the UV AOP system prior to GAC mediafiltration and on the pressure vessel body, below the internal drain cone.

d. Backwashing with a water supply with free chlorine residual less than 2 mg/L.

e. GAC media shall remain submerged.

f. Hydrogen peroxide storage and dosing system monitoring will generate critical alarmsas necessary. Critical alarms will generate a 20 second timer prior to taking thehydrogen peroxide system offline. Within the 20 second timer, signals for the rest ofthe systems that operate as part of the CGTS to go offline will also be generated.Critical alarms for the hydrogen peroxide system are as follows:

i. Hydrogen peroxide storage tank level low.

ii. Hydrogen peroxide storage tank analog signal fault.

iii. BOTH hydrogen peroxide pumps have faulted (pumps are arranged duty- standby)

g. UV system monitoring will generate critical alarms as necessary. Critical alarms willgenerate a 20 second timer prior to taking the UV system offline. Within the 20 secondtimer, signals for the rest of the systems that operate as part of the CGTS to go offlinewill also be generated. Critical alarms for the UV system are as follows:

i. Programmable logic controller (PLC) processor fault detected.

ii. Train water level low.

iii. Section communication control board (CCB) lost to the Master/Slave CCB.

iv. Section end cap is not attached.

v. Section end-plate temperature high.

h. The UV and hydrogen peroxide systems will also be equipped with minor and majoralarm designations which will be designed to alert operators of potential problems(minor) and to turn all UV trains to 100% ballast power, regardless of flow (major).

2. The following table lists VOCs and other contaminants that are present in the CGTS rawwater supply above the reporting limit. Raw water concentrations presented are flowweighted averages plus a 15% factor of safety. UV AOP water concentrations presented arethe concentration of contaminants anticipated following treatment by the UV AOP system.

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The table also lists hydrogen peroxide residual at the effluent of the UV AOP system.

Contaminant

Raw Water Concentratio

n (μg/L)

UV AOP Water Concentration

(μg/L) 2-Butanone (MEK) 3.30 <0.1 Chloroform 0.32 <0.1 1,1-Dichloroethane (1,1-DCA) 0.67 0.67 1,1-Dichloroethylene (1,1-DCE) 0.77 <0.1 cis -1,2-Dichloroethylene 1.65 <0.1 Methyl tert-butyl ether (MTBE) 0.39 <0.1 Methylene chloride 0.86 <0.1 n-Nitrosodimethylamine (NDMA) 0.0027 <0.1 Tetrachloroethylene (PCE) 108 <0.1 Trichloroethylene (TCE) 5.42 <0.1 1,2,3-Trichloropropane (1,2,3-TCP)

0.1267 0.1267

Vinyl chloride 0.33 <0.1 1,4-Dioxane 2.73 <0.1 Hydrogen Peroxide -- 15 mg/L

D. Data Collection and Dissemination

1. Laboratory analysis shall be performed on all samples collected by the Owner and shall beperformed by one or more independent, certified and independent laboratories for waterquality analysis selected by the Owner. Laboratory analysis shall be paid for by the Owner.Field sampling shall be permitted only where stated herein.

2. In order to demonstrate that the system is being operated in a fashion consistent with thedesign basis provided to the GAC media manufacturer upon which the throughputguarantee is established, the Owner shall collect the following data.

Data shall be made available to the Manufacturer if the guarantees provided are notsatisfied.

a. Daily flow rate, in gallons per day (gpd), per pair of pressure vessels.

b. Daily pressure differential, in pounds per square inch (psi), across each pressure vessel.

c. Date, duration, and peak flow rate of all backwashes.

d. On a monthly basis, the Owner shall collect and analyze samples taken from theinfluent and effluent of the GAC media treatment system. Influent samples shall betaken from the common header downstream of the advanced oxidation process (AOP),before the GAC treatment system. Effluent samples shall be taken from the commonheader downstream of all of the pressure vessels, but before modification of pH oraddition of disinfectant chemicals. Monthly sampling and analysis shall include theinfluent and effluent concentrations of hydrogen peroxide, VOCs and TOC. Analysesshall be performed by the Independent Lab.

City of Monterey Park GAC Replacement 13

i. Hydrogen peroxide residual in the GAC influent and effluent shall be determined bya Hydrogen Peroxide Residual by Titration/Colorimetric test using the US Peroxidemethod.

ii. VOC concentrations shall be determined using the EPA Method 524.2:Measurement of purgeable organic compounds in water by capillary column gaschromatography/mass spectrometry.

iii. TOC concentrations in the GAC influent shall be determined by the methodrecommended by the Independent Lab.

iv. Sample analysis shall be processed within 5 days of the sample being taken at theplant.

e. The results of these all sampling and analysis shall be provided to the Manufacturer inthe event of a failure of the GAC media to meet the guarantee requirements.

f. If the pressure vessels are operated in conflict with the requirements of the guarantee,the Owner shall notify the Manufacturer. If the influent water quality to the GAC mediadoes not meet the requirements of the guarantee, the Owner shall notify theManufacturer.

g. The final detailed data collection and sampling plan for these guarantees will bedefined prior to the commencement of any work and is subject to mutual approval ofthe Owner and the Manufacturer.

E. GAC Media Throughput Guarantee

1. The GAC media shall be guaranteed to be effective for a specific life, which shall beprovided by the GAC media Manufacturer, based upon the provided water qualityparameters in Section 2.

a. Effective shall be defined as preventing breakthrough. Breakthrough shall be definedas failure to achieve 95% or greater (<0.75 mg/L) removal of influent hydrogenperoxide residual concentration as measured at the sampling port located on the bodyof the pressure vessel below the surface of the internal cone.

b. The guaranteed GAC media life shall be provided by the Manufacturer in bed volumes.

c. The Manufacturer shall complete the table in Section 1.04 and include it with itssubmittal.

2. The throughput guarantee shall be judged based on the actual volume treated by the GACmedia in each pressure vessel in total bed volumes. The time elapsed in reaching treatmentof the minimum guaranteed bed volumes provided by the manufacturer shall bedisregarded.

3. If the GAC media in any pressure vessel is unable to meet the throughput guarantee, the

City of Monterey Park GAC Replacement 14

manufacturer shall provide a pro rata rebate per the terms provided in Section F.

4. Provided that the GAC media performs as defined above for the volume of treatmentprovided by the Manufacturer, then the Throughput Guarantee shall expire with noremedies available to the Owner.

F. Throughput Guarantee Failure and Remedy

1. Upon detection of hydrogen peroxide residual on the GAC media effluent header by theinline hydrogen peroxide monitor above a level of 0.1 mg/L, a hand sample shall be takenfrom the sampling port at the effluent of each pressure vessel and analyzed to determinethe location(s) of potential breakthrough. Hand samples of individual pressure vessels shallbe analyzed for hydrogen peroxide concentration using the HACH HYP-1 hydrogen peroxidetest kit with thiosulfate reagent. Once potential breakthrough is isolated to a single (ormultiple) pressure vessel(s) hand samples of the influent to and the effluent from the GACmedia shall be taken 3 times per day, not less than 1 hour apart. Failure of the GAC mediato provide an average removal of 95% of hydrogen peroxide through one pressure vessel in3 consecutive samples shall be deemed as unacceptable performance and result innotification of the Manufacturer.

2. Following confirmation of unacceptable performance and notification of the Manufacturer,independent confirmation testing and investigation of the GAC media shall be performed.The Manufacturer shall bear the cost of independent confirmation testing andinvestigation, and this shall be undertaken and completed with 30 calendar days ofnotification of guarantee performance failure by the Owner.

a. If it is subsequently shown through the independent confirmation testing andinvestigation that performance was met, or that the failure of the GAC media is notdue to a defect in the GAC media performance, or that the system was operatedinconsistent with the conditions of this guarantee, or that the influent is not consistentwith the characterization of this guarantee, then the GAC media will be deemed incompliance with this guarantee.

b. If the GAC fails to perform due to excessive encrustation by inorganic precipitate, thisguarantee is not considered to be breached and the Owner shall bear the expenses ofcleaning the GAC media to restore performance. The Owner shall receive approval ofcleaning procedure and chemicals by the Manufacturer.

3. Upon confirmation and agreement of the Manufacturer and the Owner that a breach ofthe throughput guarantee has occurred, remedial work shall begin within 30 business daysand a completion timeline to be mutually agreed upon by the Manufacturer and the Cityshall be established.

4. If the minimum bed volume quantity provided by the manufacturer as part of thethroughput guarantee is not met, the manufacturer will provide a rebate on replacementof the existing GAC media on a pro rata basis. On a pro rata basis means that the Ownerwill be responsible for paying for a portion of, rather than the full, GAC media replacementcosts.

City of Monterey Park GAC Replacement 15

5. The portion of the replacement cost that the Owner shall not be responsible for will bedetermined by multiplying the greater of

a. the current market cost of a full GAC media replacement ($1), or

b. the full cost paid by the Owner for the existing GAC media ($0), by the percentage of theguaranteed GAC media life remaining. The percentage of the guaranteed GAC media liferemaining shall be determined by dividing the total bed volumes treated for thepressure vessel in question (BVT) by the guaranteed GAC media life provided by themanufacturer (BVG), multiplying times 100 and subtracting from 100. The equation forthe GAC media replacement cost provided by the Manufacturer to the Owner is shownbelow:

GAC Replacement Reimbursement to Owner = Max ($0, $1) * (100 - (BVT / BVG))

City of Monterey Park GAC Replacement 16

BID COST FORM Item No. Item Description Qty. Unit Unit

Price Extended

Price

NON-CATALYTIC GAC

Dual Barrier Treatment Plant 1 GAC Profile 1 each $ $ 2 GAC Replacement 120,000 lbs $ $ 3 Caustic Wash Per Vessel (OPTIONAL) 6 each $ $ 4 Tax % $

Total $ Well 5 Treatment Plant

1 GAC Profile 1 each $ $ 2 GAC Replacement 40,000 lbs $ $ 3 Caustic Wash Per Vessel (OPTIONAL) 2 each $ $ 4 Tax % $

Total $ Wells 1, 3, 10, and Fern Treatment Plant

1 GAC Profile 1 each $ $ 2 GAC Replacement 120,000 lbs $ $ 3 Caustic Wash Per Vessel (OPTIONAL) 6 each $ $ 4 Tax % $

Total $

CATALYTIC GAC

1 GAC Profile 1 each $

2 GAC Replacement 200,000 lbs $

$ Describe Backwash Process:

3 Caustic Wash Per Vessel (OPTIONAL) 10 each $ $

4 24-Month Warranty $

5 Tax % $

Total $

City of Monterey Park GAC Replacement 17

BIDDER’S GENERAL INFORMATION

Company Name Taxpayer Identification No.

Mailing Address

Email Telephone

Type of Firm (Individual, Partnership or Corporation)

If Corporation, State under which laws the Corporation was organized

Authorized Signature Date

Print Name Title

BID BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________________

__________________________________________________________________, Principal,

and________________________________________________________________________

__________________________________________________________, Surety, are held and firmly bound unto

THE CITY OF MONTEREY PARK Obligee, in the sum of Ten Percent of the total amount of the Bid for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents.

Principal submitted or is about to submit a bid or proposal to Obligee on a contract for

GRANULAR ACTIVATED CARBON (GAC) REPLACEMENT

Should a contract be awarded to the principal and principal, within such time as specified, duly execute the contract in the prescribed form and deliver the same to obligee with all required bonds/performance securities, certificates of insurance and such other items as required in the bidding or contract documents then this obligation is null and void. Otherwise, it will remain in full force and effect, and if the contract is awarded to principal and principal fails, within the time specified, to duly execute the contract in the prescribed form and deliver the same to obligee with all said required items, then surety must pay obligee the full penalty sum of this bond.

Surety, for value received, hereby agrees that no extension of time, change, alteration, modification, or addition to the bidding or contract documents, or of the work required thereunder, releases or exonerates surety on this bond or in any way affect the obligation of this bond; and surety does hereby waive notice of same.

Signed, sealed and dated _______________________________________________

(Principal)

by________________________________________(Seal)

_______________________________________________ (Surety)

by_____________________________________________ Attorney-in-Fact

INDICATE COMPLETE ADDRESS OF SURETY TO WHICH CORRESPONDENCE CONCERNING THIS BOND SHOULD BE DIRECTED.

Telephone No.

City of Monterey Park GAC Replacement 18

PROPOSAL Contractor's Name

_________________________________________________________ List of Subcontractors and Off-Job Fabricators

Listing must comply with the provisions of Public Contract Code § 4104. Name of Subcontractor or Off-Job Fabricator

Contractor’s License Number

Business Address Items of Work

If more space is needed, attach additional sheets. Public Contract Code § 4104 provides that bidders must list:

(a)(1) The name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

Per Public Contract Code §4104, Contractor’s bidding on public projects are required to list above California contractor license numbers for all subcontractor’s performing work in excess of one-half of one-percent of the contract’s value.

City of Monterey Park GAC Replacement 19

PROPOSAL

GRANULAR ACTIVATED CARBON (GAC) REPLACEMENT

BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS

Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation.

1. Have you ever been disqualified from any government contract?

Yes No

2. If yes, explain the circumstances:

3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure toregister requires the City to reject your bid as nonresponsive]?

Yes No

___________________________________________ Bidder’s Signature

City of Monterey Park GAC Replacement 20

INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL]

To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

Commercial general liability: $2,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement.

Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.

Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates 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.

By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s consultant. Failure to provide this insurance will render the bidder’s proposal “nonresponsive.”

___________________ __________________________ Date Bidder

City of Monterey Park GAC Replacement 21

WORKERS’ COMPENSATION CERTIFICATE

(AS REQUIRED BY LABOR CODE § 1861)

I am aware of Labor Code § 3700 which requires every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

Contractor

By

Title

City of Monterey Park GAC Replacement 22