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HomeMy WebLinkAbout24 - Professional Services Agreements - Corrpro Companies, Inc - Cathodic Protection Corrosion Control System DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 ISDO r r` PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this I"day of June, 2024 ("Effective Date"), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and, Corrpro Companies, Inc., hereinafter referred to as "Contractor."The City and Contractor may be referred to individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in Plan "C" Service as described in and attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 3 1"day of May, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will conduct an inspection of the cathodic protection corrosion control equipment of the hilltop tank at the Bozeman Water Treatment Plant and provide the services in accordance with the requirements of the Scope of Services as described in Plan "C" Service of Exhibit A. For conflicts between this Agreement and the terms in Exhibit A, unless specifically provided otherwise, the terms of this Agreement govern, including but not limited to Section 7. 4. Payment: City agrees to pay Contractor$1025.00 for the services described in Exhibit A. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City,and will become an additional charge over and above the $1025.00. The City must agree in writing upon any additional charges. Unless otherwise set forth in the Agreement, payments are due to Contractor from the City within thirty (30) days receipt of invoice and payable in U.S. Dollars. In the event City does not pay Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 1 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 in accordance with the terms of this Agreement, Contractor shall have the right to terminate the Agreement and City shall pay all collection costs incurred by Contractor, including attorneys' fees. 5. Contractor's Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost,progress or performance of the Scope of Services. b. Contractor represents and warrants for one (1) year from completion date, to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill;that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71,MCA. Contractor shall maintain workers' compensation coverage for all members and employees of Contractor's business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (2) proof of exemption from workers' compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 2 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, within the limits of its insurance, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, within the limits of its insurance in this Agreement, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including reasonable attorney's fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents. For the professional services rendered, to the fullest extent permitted by law and within the limits of its insurance in this Agreement, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor's agents or employees. Such obligations shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 3 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's applicable insurance policies required below, the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except "responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above,Contractor shall at Contractor's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers' Compensation—statutory; • Employers' Liability-$1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability- $1,000,000 property damage/bodily injury per accident; and • Professional Liability- $1,000,000 per claim; $2,000,000 annual aggregate. Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 4 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and carrier will provide cancellation notice in accordance with policy provisions. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor's Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor's right to proceed with all or any part of the work ("Termination Notice Due to Contractor's Fault"). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. C. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City's Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 5 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. C. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City's Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special,punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor's Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and each party hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind against the other. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 6 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 a. City's Representative: The City's Representative for the purpose of this Agreement shall be Jill Miller,Water Treatment Plant Superintendent or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative;provided,however,that in exigent circumstances when City's Representative is not available,Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Raychell Whitlow-Long or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances,rules,and regulations,obtain all necessary permits,licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Reiulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 7 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants,including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.Department of Transportation (DOT)regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder,without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 8 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney's Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs,including fees,salary,and costs of in-house counsel including City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties,the parties may invite an independent,disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty(30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor's indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable,the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 9 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 30. Integration: This Agreement and the Scope of Services specifically described as in Exhibit A attached hereto constitute the entire agreement of the parties. The following language in Exhibit A is specifically excluded from this Agreement and nonbinding on the parties: "Corrpro's total liability to Client shall not exceed the amount of compensation actually paid for the services, products, or materials giving rise to the claim. Client and Corrpro waive all rights against each other and any of their subcontractors, agents, and employees for all loss or damage to property or its loss of use." Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 10 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641F4BD2B700 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN,MONTANA DocuSigned by: Corrpro Companies, Inc. s CONTRACTOR(Type Name Above) 9 DocuSigned by: DocuSigned by: By 1 RIA.bI. By ltiAlA d�LuA. A 50 88 �DA472 526FBB36195A465... Chuer WInn,Interim City Print Name: Juan Mendoza Print Title: Ooerations Manager APPROVED AS TO FORM: By FDocuSigned by: J A"U , 87 9 9ACA44B Greg u Ivan,Bozeman City Attorney Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2023—FY 2024 Page 11 of 11 DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641 F4BD2B700 IANI AEG I 0 N® COrrpry ANNUAL SERVICE AGREEMENT WATER STORAGE TANK/CLARIFIER Customer: 2577701 Stronger.Safer.Infrastructure.- CATHODIC PROTECTION SYSTEM(S) Contract: 91681 BOZEMAN,CITY OF 1055 West Smith Road P.O.BOX 1230 Medina, OH 44256 BOZEMAN MT 59715 Phone: 330.725.6681 UNITED STATES Fax: 330.723.6065 contractcenter@corrpro.com ATTN: JILL MILLER Structure Capacity Designation/Location System No. Plan Amount Reservoir 2,000,000 HILLTOP TANK 90785 c 1,025.00 RECEIVED APR - 9 W4 For contract period 6/1/2024 through 5/31/2025 Total Lump Sum $1,025.00 All service plans include one site visit per contract term to include 1 through 5. Additional plan services as noted below. 1.Tank-to-Water potential profile within tank to monitor and verify effectiveness of system on submerged surface of tank. 2.Electrical Measurements to test anode and reference cells. 3.Ins ad,test.and clean rectifier,controls,meters,contacts,wiring and connections.Replace fuses as required. 4.2ust system for optimum corrosion control on submerged metal surface of tank. 5.Emit report with all data obtained,evaluation of data,and recommendations for continued performance. Plan „A" Service: Includes one annual inspection as indicated including repair and/or replacement of anodes and rectifiers as required. Plan „B„ Service: Includes one annual inspection as indicated including repair and/or replacement of anodes as required. Plan „C„ Service: Includes only services listed in items 1 thru 5 above. Plan "AA" Service: Includes two inspections annually as indicated including spring installation and fall removal of anodes as well as repair and/or replacement of anodes and rectifiers as required. Plan ,BBB„ Service: Includes two inspections annually as indicated including spring installation and fall removal of anodes as well as repair and/or replacement as required. Plan "CC" Service: Includes two inspections annually as indicated including spring installation and fall removal of anodes. Payment is due at the start of the contract period.Additional repairs or replacements of system components would be subject to the subscriber's approval.This agreement does not effect in any way the original warranty on the system(s)described above.Corrpro agrees to maintain General Liability Insurance and Workmen's Compensation Insurance during the annual service period.Client and Corrpro agree that neither party shall be responsible to the other party for incidental,consequential,indirect,punitive, or exemplary damages with respect to any claims,disputes,or other matters in question arising out of or relating to this Agreement or its termination,and Client and Corrpro herby waive such damage.Corrpro's total liability to Client shall not exceed the amount of compensation actually paid for the services,products,or materials giving rise to the claim.Ghent and Corrpro waive all rights against each other and any of their subcontractors,agents and employees for all loss or damage to property or its loss of use. Please Include Job Site Contact Person: Phone Number: CORRPRO COMPANIES, INC. SUBSCRIBER'S ACCEPTANCE 24 Signature: Whitlow-Long,Raychell Y Date: 4/1/2024 Printed Name/Title: Date: Subscriber to mail one signed copy to CORRPRO at the above address. DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641 F4BD2B700 CORRPRO Waterworks �i AEG 10 N® carrpry ADDITIONAL WATER TANK SERVICES AGREEMENT Stranger.Safer.Infrastructure: BOZEMAN,CITY OF 1055 West Smith Road P.O.BOX 1230 Medina, OH 44256 BOZEMAN,MT 59715 ATTN:JILL MILLER Phone : 330.725.6681 CUSTOMER NO:2577701 Fax : 330.723.6065 CONTRACT NO:91681 contractcentergcorrpro.com ANNUAL 15 POINT TANK REVIEW 1. FOUNDATION: OBSERVE FOR SETTLING, CRACKS AND DETERIORATION. 2. EXTERIOR TANK COATING: OBSERVE FOR COATING FAILURE, CORROSION AND LEAKS. 3. INTERIOR TANK COATING: OBSERVE AS ALLOWED FROM ACCESS HATCHES. 4. WATER LEVEL INDICATOR: CHECK OPERATIONAL CONDITION. 5. OVERFLOW PIPE: CHECK THE FLAP VALVE COVER AS ACCESSIBLE, OPERABLE AND SEALED. 6. ACCESS LADDER: CHECK FOR LOOSE BOLTS AND RUNGS. 7. FALL PROTECTION DEVICES: CHECK OPERATION. 8. ROOF: CHECK FOR HOLES, RUST, AND PONDING WATER LOW SPOTS. 9. AIR VENTS: CHECK SCREENS, SEALED EDGES AND SEAMS. 10. CATHODIC PROTECTION ANODES COVERS: CHECK FOR DETERIORATED GASKETS AND IMPROPER SEAL.(FOR TANKS NOT PRESENTLY COVERED BY A SERVICE AGREEMENT) 11. ROOF HATCH: CHECK LOCKS, HINGES AND GASKETS. 12. VISUAL WATER QUALITY: OBSERVE FOR FOREIGN MATTER AS DISCERNABLE FROM THE ROOF HATCH. 13. PHOTOGRAPH AREAS OF CONCERN. 14. WRITTEN RECOMMENDATIONS FOR CORRECTIVE ACTION IF REQUIRED. 15. OBSERVE TANK SITE SECURITY. CHECK FENCES, GATES AND ACCESS DOORS. ANNUAL COST$890.00 PER TANK PER YEAR ACCEPTED: YES NO The service provided is an annual visual evaluation for the purpose of noting possible areas which may require further investigation or possible corrective action in accordance with AWWA recommended practices. It Is limited to areas of the tank visible from access points such as ladders and catwalks.The work performed is not a structural evaluation nor does it take the place of a complete 3-5 year water tank inspection as recommended by AWWA standards. AVIATION LIGHT BULB REPLACEMENT (standard bulbs included) REPLACE ALL AVIATION LIGHT BULBS AT THE LISTED COST PER TANK FOR THE FIRST TWO BULBS AND$25.00 EACH ADDITIONAL BULB. REPLACEMENT COST$125.00 PER TANK PER YEAR ACCEPTED: YES NO 'Price based on Max.bulb size, 116 watt medium screw base Traffic Signal Bulb(116 A21 TS) INTERIOR LIGHT BULB REPLACEMENT (standard bulbs included) REPLACE ALL INTERIOR LIGHT BULBS ACCORDING TO THE LISTED COST FOR THE FIRST FIVE BULBS AND$10.00 EACH ADDITIONAL BULB. REPLACEMENT COST$140.00 PER TANK PER YEAR ACCEPTED: YES NO *Price based on Max.bulb size, 150 watt medium screw base Rough Service Incandescent Bulb(150 A23 RS) SIGNATURE: TITLE: DATE: I DocuSign Envelope ID:CCD3E3DB-3BB3-4A4A-B8FA-641 F4BD2B700 Houston•Cleveland•Atlanta•Phoenix•LosAngeles•Calgary.Edmonton•Montreal-London ® o Waterworks Division Tel:330.725.6681 � A E G I O V foist pr - 1055 West Smith Road Fax: 330,723.6065 Medina,OH 44256 w%Anu.corrpro.com Stronger.Safer. Infrastructure. April 1, 2024 JILL MILLER BOZEMAN, CITY OF P.O. BOX 1230 BOZEMAN, MT 59715 Reference: Cathodic Protection Corrosion Control System Dear Customer: Enclosed is our maintenance agreement proposal which will provide for the inspection of the cathodic protection corrosion control equipment listed therein. Your early acceptance will allow for the proper scheduling by the Con-pro Waterworks operational facility in your area of this necessary service to evaluate the corrosion control system in the structure(s) covered by this agreement. Upon approval, please return a signed copy to the address indicated above. If you prefer, you may email contractcenter ftorMro.com or fax your response to 330/723-6065. You will also note that we have included a checklist of additional tank services we provide. While these services do not pertain directly to the operation of your corrosion control equipment, many of our customers have expressed a need for them. In the event you wish to subscribe to any of these services, simply complete the form accordingly and return one copy to us. Please bear in mind that the service charges indicated are in addition to the fee quoted for maintenance to your cathodic protection equipment. By completing this proposed survey to confirm your if your existing cathodic protection system is still functioning properly, you'll reduce your overall operations and maintenance cost and extend the life of your asset. Since the cost of these services seems minimal when compared to the overall cost of your water storage tank investment, we hope you will give our proposal serious consideration. We ask that you please contact us (Toll-Free 1-800/443-3516) should any questions arise. Very truly yours, Raychell Whitlow-Long R""2fJ"u< Contracts Administrator Enclosure DocuSign Certificate Of Completion Envelope Id:CCD3E3DB3BB34A4AB8FA641 F4BD2B700 Status:Completed Subject:Complete with DocuSign:G.3 PSA_with_Corrpro_2024_with_Exhi bit.pdf Source Envelope: Document Pages: 14 Signatures:3 Envelope Originator: Certificate Pages:5 Initials:0 Mike Maas AutoNav: Enabled Stamps: 1 PO Box 1230 Envelopeld Stamping: Enabled Bozeman, MT 59771 Time Zone: (UTC-07:00)Mountain Time(US& Mmaas@bozeman.net Canada) IP Address:69.145.83.100 Record Tracking Status:Original Holder:Mike Maas Location: DocuSign 5/21/2024 6:25:13 PM Mmaas@bozeman.net Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:City of Bozeman Location: DocuSign Signer Events Signature Timestamp Juan Mendoza by Sent:5/21/2024 6:27:46 PM jmendoza@aegion.com EDI-Sil"Id NLc,In.hA A, Viewed:5/22/2024 3:29:02 PM Operations Manager 626FBB36,96A466 Signed:5/22/2024 3:29:10 PM Corrpro Companies, Inc. Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 12.201.175.40 Electronic Record and Signature Disclosure: Accepted:5/22/2024 3:29:02 PM ID:8546648b-Oe06-4670-82d5-4781421a15e6 Greg Sullivan E876992ACgACA44B DocuSigned by: Sent:5/22/2024 3:29:11 PM gsullivan@bozeman.net SUW� Viewed:5/22/2024 4:05:02 PM Bozeman City Attorney Signed:5/22/2024 4:05:12 PM City of Bozeman,Montana Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address:69.145.83.100 Electronic Record and Signature Disclosure: Accepted:5/22/2024 4:05:02 PM ID:8c0a9e46-Ob47-4b9b-9556-7ebf4967e7c5 Chuck Winn ED—Si,nedby: Sent:5/22/2024 4:05:13 PM IIcwinn@bozeman.net 6 .. 9RA4& 9Viewed:5/22/2024 9:52:43 PM 9 Y Manager Actin City Mana Signed:5/22/2024 9:53:07 PM City of Bozeman Signature Adoption: Pre-selected Style Security Level: Email,Account Authentication (None) Using IP Address: 174.45.107.155 Signed using mobile Electronic Record and Signature Disclosure: Accepted:5/22/2024 9:52:43 PM ID:52ca3595-63f9-47df-b446-ff5268ee613d Mike Maas Sent:5/22/2024 9:53:08 PM mmaas@bozeman.net Viewed:5/28/2024 7:56:30 AM City Clerk .9, Signed:5/28/2024 7:58:12 AM City of Bozeman Security Level: Email,Account Authentication (None) Using IP Address:69.145.83.100 Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 1/6/20204:08:14 PM ID:79370d6f-72a4-4837-866f-9ec31 f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jill Miller COPIED Sent:5/28/2024 7:58:13 AM jmiller@bozeman.net Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/2/2022 5:53:20 PM ID:66fOdOc9-1eae-468b-968e-4b0b9236a1e0 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/21/2024 6:27:46 PM Certified Delivered Security Checked 5/28/2024 7:56:30 AM Signing Complete Security Checked 5/28/2024 7:58:12 AM Completed Security Checked 5/28/2024 7:58:14 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:7/9/2018 4:06:02 PM Parties agreed to:Juan Mendoza,Greg Sullivan,Chuck Winn, Mike Maas,Jill Miller CONSUMER DISCLOSURE From time to time, City of Bozeman(we,us or Company)may be required by law to provide to you certain written notices or disclosures. 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