Norton Corrosion Limited - 7-1068 CITY OF TIGARD,OREGON
CATHODIC PROTECTION DESIGN ENGINEERING SERVICES
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 2nd of October, 2006, by and between the CITY OF TIGARD,
a municipal corporation of the State of Oregon, hereinafter called City, and Norton Corrosion Limited,
hereinafter called Contractor.
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and experience
possessed by Contractor, and
City has determined that Contractor is qualified and capable of performing the professional services as City
does hereinafter require, under those terms and conditions set forth:
Therefore,the parties agree as follows:
SCOPE OF WORK
Contractor shall initiate services on upon receipt of City's notice to proceed, together with an executed copy of
this Agreement. Contractor agrees to complete work that is detailed in Exhibit A= Scope of Work and by this
reference made a part hereof.
EFFECTIVE DATE AND DURATION
This-Agreement shall become effective upon execution and shall expire, unless otherwise terminated or
extended, on 30th of June, 2007. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
COMPENSATION
City agrees to pay Contractor an amount not to exceed Seven Thousand One Hundred Eighty and 00/100 dollars
($7180.00) annually for performance of those services described in this Agreement. Payment will be made
based on Contractor's invoice, subject to the approval of John Goodrich, Water Supervisor, and not more
frequently than monthly. Payment shall be payable within thirty(30) days from the date of receipt by the City.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax.
Payments may be delivered by personal delivery, mail, or electronic transfer. The following addresses and
contacts shall be used to transmit notices,bills, payments, and other information:
Contact Manager for City: e*w.trwcw9 Contact Manager for Contractor:
City of Tigard 26 Company: Norton Corrosion Limited
Attn: John Goodrich, Water Supervisor T44 Attn: Jerry Weiser
13125 SW Hall Blvd., Tigard, Oregon 97223 Address: 8820 222 Id Street SE
Woodinville, WA 98077
Phone: 503-639-4171 ext. 2609 Phone: 425-483-1616
Fax: 503-684-8840 Fax: 425-485-1754
Email Address:joking@tigard-or.gov Email Address:jweiser@nortoncorrosion.com
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CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an
independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of
any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency
to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand
repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits
or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent
of any payments that City is required to make(to Contractor or to a third party) as a result of said finding.
Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an officer, employee, or
agent of the City as those terms are used in ORS 30.265.
INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this
Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and local laws, it being
understood that acceptance of a contractor's work by City shall not operate as a waiver or release.
Contractor and City agree to indemnify and defend the other, and the other's officers, agents and employees and
hold them harmless from any and all liability, causes of action,claims,losses, damages,judgments or other costs or
expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or
appeal ever takes place) incurred by the party being indemnified resulting from the indemnifying party's acts (or
failure to act when action is appropriate) that may be asserted by any person or entity which in any way arise from
or relate to this Agreement or the performance of obligations under this agreement, except liability arising out of
the sole negligence of the party being indemnified. The indemnification by Contractor of the City shall also cover
claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity
shall be found to be illegal or invalid for any reason whatsoever,.such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
INSURANCE
Contractor shall maintain insurance acceptable to City in full.force and effect throughout the term of this contract.
Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and
coverages:
a. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal &Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense(any one person) 5,000
b. Business Automobile Liability Insurance
If Contractor will be delivering the goods, Contractor shall provide City a certificate indicating that
Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The
Combined Single Limit per occurrence shall not be less than$1,000,000. Said insurance shall name City as
an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If
Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this
paragraph.
c. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract that are either
subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017,
which requires them to provide workers' compensation coverage that satisfies Oregon law for all their
subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any
employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage
limits of not less than$500,000 each accident.
d. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an
unacceptable financial rating.
e. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Contractor shall furnish a Certificate
of Insurance to the City. No contract shall be effected until the required certificates have been received
and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss
caused by negligence or neglect connected with this contract.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30th of June, 2007 shall
be accompanied by sixty (60) days written notice to the other party prior to the date termination would take
effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph,
it shall pay Contractor for services rendered prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which
result from this Agreement, including any computations, plans, correspondence or pertinent data and information
gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of
the work pursuant to this Agreement.
GOVERNING LAW
Contractor shall comply with all applicable federal, state and local laws; and rules and regulations on non-
discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age,
medical condition or disability. The provisions of this Agreement shall be construed in accordance with the
provisions of the laws of the State of Oregon. All provisions required by ORS Chapter 279 to be included in a
contract of this type are incorporated into this Agreement as though fully set forth herein. Any action or suits
involving any question arising under this Agreement must be brought in the appropriate court of the State of
Oregon.
CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, Contractor must make payment promptly as due to persons supplying Contractor labor or materials
for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from
Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any
lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be
furnished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both
parties. Such waiver, consent,modification, or change if made, shall be effective only in specific instances and for
the specific purpose given. There are no understandings, agreements, or representations, oral or written, not
specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and
conditions.
IN WITNESS WIEREOF, City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed this Agreement on the date hereinabove first written.
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aff By: t o 'zedAgent o t Contractor
Dae Date
Exhibit A
Scope of Work/Contractor's Proposal
NORTON CORROSION LIMITED
8820 222"d Street SE,Woodinville,WA 98077
Phone(425)483-1616 • Fax(425)485-1754
e-mail: jweiser@nortoncorrosion.com
August 30,2006
via e-mail:,lohng(a),ti arg d-or.gov
John Goodrich
Water Department Manager
City of Tigard
Tigard,Oregon
Subject: CATHODIC PROTECTION DESIGN ENGINEERING SERVICES
O 1964 Conical Roof,42.5'0 x 28' @1969 Toriconical,58.510 x 56.5'
OO 1963 Conical Roof,58.5'0 x 50'
Dear John:
Norton Corrosion Limited (NCL)requests a firm budget of$.5;840 to provide Cathodic Protection Design
Engineering services for the subject reservoirs. NCI, will work from your existing.documentation and
prepare and deliver separate passive or bnpressed Current(powered)bid ready plans and specifications in
a two-step process. Review of the contractor's cathodic protection submittal is included,as are answering
contractor Requests for Information. We will also provide post-installation acceptance testing (as the
Design Engineer) to .protect your interest's as the owner, and confirm the contractor's installation is
correct. Add$1,340 if a site meeting is-necessary priorto our beginning our design.
Each design will include one or two drawing sheets in an AutoCAD format with a PE stamp. Based upon
the different geometries of each reservoir, we will provide up .to two different,specifications and three
different drawing sets for all three reservoirs for inclusion in your overall specification. NCL's design
will be specific to each reservoir, and not applicable for use on other reservoirs. We will include our
basis of design and design calculations.
Please send a single water sample representative of the water in each reservoir to NCL for analysis before
we'begin these designs. Our designs will be based upon.each reservoir being freshly re-coated..
Our design will incorporate industry-standard materials readily:available from.any professional corrosion
contractor and a stamp by one of our four Registered Professional Engineers. We.request you include the
NCL"Title Block" on your drawings issued for public bid. Please let us know if you would like NCL's.
Construction Group not to"bid this project to avoid any"perceived"conflicts of interest.
Terms: Net 30 days on approved .credit. Validity of proposal 60 days. NCL maintains $3 Million
liability insurance-higher limits are available at additional cost.
Your returned authorization(below)via fax can serve as our Notice to Proceed.
Thank you for the opportunity. to work with you on this project. We look forward to your positive response.
incerel�;
Jrr eiser -`
Tec�rnal Marketing —
Authorized by Date
(7)WATigard 01
HuC_; 29 06 11 : 03a City of Tigard PW 500684&840 p, l
Request for Proposal
Engineering Contract Services in Cathodic Protection Design (G,orvosiQn-,Specialist)
SCOPE
The City of Tigard,Oregon is requesting proposals for the cathodic protection
engineering design work regarding three(3)constructed steel storage water tanks located
within the area of Tigard, Oregon.
The water storage tanks are specified and described below as:
1. 1964 constructed steel tank,Conical roof,42.5 ft diameter and 28 ft height
(2:80,000 gallon capacity). The original design/construction of this storage tank
was 20 ft.height and redesignedand raised.an additional 8 feet in 1970
2. 1963 constructed steel tank,Conical roof,58.5 ft diameter and 50 ft height
(1,000,000 gallons), Interior.recoatedin 1988.
3. 1969 constructed steel tank,Tori.conical.,58.5 fl diameter and 56.5 ft height
(1,100,000 gallons), Jnteriorrecoated in 1989.
The cathodic protection design sliall provide all engineering.services and drawings
indicating design( gisteredingineer approved)-for the installation of apassive(if
deemed adequate to meet design.criteria)or an automatically controlled impressed
current cathodic protection system for corrosion control for the interior submerged
surface of the specified tanks as listed above. All work shall be designed in accordance
with A.W.W.A. Standard D 104-97.
All engineering services shall be provided by a Goon Dsiorr Specialist u717o is accredited:by
the National Association of Corrosion Engineers and as a Registered 1.Etngi�neer
within the State of Oregon.
The intent of theCity is to design this system for construction bid proposals.at a later
date. The GorreeJSpecialist may also bid on the construction portion.of this project
when bid proposals are requested.
DESIGN
The system shall be designed by a G o1 Specialist with experience in cathodic
protection for water storage tanks. The Nrr-osion Specialist shall design the system to
provide effective corrosion control in accordance with cathodic protection standards. The
criteria for protections shall be based on a tatlk-to-water potential,IR drop free.,within a
range of-0.850 volts to-1.050 volts relative to a stationary copper-capper sulfate
reference electrode.
x` Hug 29 06 11 : 03a City of Tigard PW 5036848840 p. 2
The Corrosion Specialist shall also bas 'y tem capacity and performance on:
1. Total submerged surface area of Che tank.
2. Condition of interior coating based on previous underwater inspections
3. Chemical analysis of water including resistivity expressed in ohm-cm
4. Tank is not susceptible to icing; Prefer roof mounted hanging anode system
5. Minimum anode design Life of twenty(20)years
6. Selection,dimensions and layout of system components should be included in
design specifications and drawings
7. All materials in contact with storage water,or exposed to the interior of the tank,
shall be classified in accordance with ANSIINSF 61 "Drinking Water System
Components".
SUBMITTALS
e-4
The C si ii- Specialisi will submit detailed drawings and specifications indicating
system construction design including description of system components and electrical
design. All details will indicate existing electrical systems, constructed steel tanks,site
.conditions,.etc.that pertain to work within the scope of this project.
�4
The City of Tigard will provide to the C.vrrosien Specialist information as it may be
available pertaining to existing site conditions,construction drawings,records.and reports
pertaining to interior'coatings and site visitation as necessary to perform the work
described in this proposal.
R.
CITY OF TIGARD
CONTRACT SUMMARY FORM jam/
(THIS MUST ACCOMPANY EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CANBE ACQUIRED) IV
Title of Contract: Cathodic Protection Design Engineering Contract#:
Services I-j
Contractor: Norton Corrosion Limited Total: $7180
Brief Overview: Contractor will provide cathodic protection design engineering services for three
of the City's steel water storage tanks.
Changes Made To none
Boilerplate
Contract:
Type of Contract: ❑Purchase Agreement ® Personal Service ❑ Public Im rovement ❑ Other
Start Date: upon execution I End Date: 6/30/07 LCRB Award Date: n/a
Contract Manager: John Goodrich Extension: 2609 Department: PW
Quotes/Bids/Proposals: COMPANY AMOUNT/SCORE
n/a- digit appointment
Department Comments:
Department Signature _____� Date: /C' ... 0._
Purchasing Comments:
Purchasing ignature: Date: 1000 0(1(1
Administration: Date:
Certificate of Insurance Received? ® Yes ❑No ❑ Self-Insured (Form Received)
Business Tax Current? 0 Yes ❑No Contractor License Current? ❑ Yes ❑No
Federal TIN/1099 #: 911696424 Bonds Required: ❑ Yes ®No
Accounting String: Fund Division Account Total
O