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Norton Corrosion Limited - Cathodic Protection Design 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: C+ww,,,.rZ�9 Contact Manager for Contractor: City of Tigard 21 'Company: Norton Corrosion Limited Attn: John Goodrich, Water Supervisor T4t6 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 A_��"l ve.,- &&Oji �� rolc.(dc 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 3, 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 fiilly 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 WHEREOF, 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. CITY OFG RD,% C NTRAC R By: utho ' ed City staff By: t o 'zed Agent o Contractor D 2�i b ko�t�,kt&- Da e Date Exhibit A Scope of Work/Contractor's Proposal NORTON CORROSION LIMITED 8820222 nd Street SE,Woodinville,WA 98077 Phone(425)483-1616 ® Fax(425)485-1754 e-mail: jweiser@nortoncorrosion.com August 30,2006 via e-mail: ohn r rdti artl-or:<rov John Goodrich Water Department Manager City of Tigard Tigard,Oregon Subject: CATHODIC PROTECTION DESIGN ENGINEERING SERVICES O 1964 Conical Roof,42543 x 28' OO 1969 Toriconical,58.5'0 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. NCL will work from your existing documentation and prepare and deliver separate passive or]:impressed Current(powered) bid_ready plans and specifications in a two-step process. 'Revievv 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-riecessaiy prior to ow`beginning out-design. Etch 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 ineltision 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 vve begin these designs. -Our designs will be based upon each reservoir being freshly re-coated. Our design will incorporate:industry-standard materials readily available frons_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 riot 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. Sincerely " i -ler r} l eiser TIeelinical Marketing —____ Authorized by Dai.e (7)WATigard 01 2J D6 11 : 03a City of "rigard PW 50368488 40 I° 1 Request for Proposal Engineering Contract Services in Cathodic Protection Design(Gorwsiort-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 (280;000 gallon capacity). The original design/con stt2iction of this storage tank was 20 ft height and redesigned and 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 recoated in 1988. 3. 1969 constructed steel tank,Toriconi.cal, 58.5 ft diameter and 56.5 ft height (1,t 00,000 gallons): Enter for recoated in 1989. The cathodic protection design shall.provide all engineering services and drawings indicating design(."Vegistered;,66 bincer approved)for the installation of a passive (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 D164-97. All engineering services shall be provided by a Corrosion Specialiste-ho is accredited by the National Association of.Corrosion Engineers and as a Registered Lil Engineer within the State of Oregon. 1 The intent of the CO is to design this system for constriction bid proposals at a later date. The Corros-101a`Specialist may also bid on the construction:portion of this project wben bid proposals are requested. DESIGN The system shall be designed by a Corr4s�n Specialist with experience in cathodic protection for water storage tanks. The Ctlrr-sion Specialist.shall design the system to provide effective corrosion control in accordance v ith cathodic protection standards. The criteria for protectibns shall be based on a tank-to-water potential, Iia drop free, within a range of-0.850 volts to-1.050 volts.relative to a stationary copper-copper sulfate reference electrode. hug 29 06 11 : 03a City of Tigard PW 506684€ 040 p. 2 r * ' z";� xk The Cortfsdn Specialist shill also base'-;system capacity and performance on: 1. Total submerged surface arca of the tank. 2. Condition of interior coating based on previous underwater inspections 3. Chemical analysis o.f water including resistivity expressed in ohm-cm 4. Tank is not susceptible to icing; Prefer roof mounted hanging anode:system 5. Mininnun 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 ANSUNSh 61 "Drinking Water System Components'!. SUBMITTALS C The C61fRtan.Specialist 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. hb .he City of Tigard will provide to`the Corrosion 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.