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CONTRACT 4963A CLOSEDAgreement No. 4963A FIRST AMENDMENT TO AGREEMENT NO. 4963 BETWEEN THE CITY OF EL SEGUNDO AND CORRPRO COMPANIES, INC. THIS 1 st AMENDMENT ( "Amendment ") is made and entered into this 26th day of April, 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY "), and CORRPRO Companies, Inc., a C Corporation ( "CONTRACTOR "). Pursuant to Section 18 of Agreement No. 4963 ( "Agreement "), the Agreement is amended to replace the Exhibit "A" (the "Work ") attached to the Agreement with the attached Exhibit "A ", which is incorporated by reference, to the WORK that CONTRACTOR agrees to perform in accordance with the Agreement. 2. Pursuant to Section 18 of the Agreement, the Agreement is amended to allow CITY to pay CONTRACTOR an additional sum, not to exceed eighteen thousand six hundred dollars and zero cents ($18,600.00) for the additional Work authorized by this Agreement. Such amount will be paid, and may be adjusted, as set forth in the Agreement. 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 4963 remain the same. [SIGNATURES ON NEXT PAGE] Agreement No. 4963A IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY �L ,SE ` NI:)0 �.. __ . . .................... Greg City Manager A 9 PRQT. APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: for Karl H. Berger, a nt City Attorney 2 CO'RR iI '0�:� , I ohn Ret i Operations Manager Taxpayer ID No. 34- 1422570 Contractor State License No.: 764878 Contractor City Business License No.: 31019 PROPOSAL FOR INTERNAL CATHODIC PROTECTION ENGINEER DESIGN, MATERIALS, INSTALLATION AND TESTING. CITY OF EL SEGUNDO "HIGH TANK" EL SEGUNDO, CALIFORNIA Corrpro Ref. ## SCA- 16 -10 -A Corrpro is pleased to provide this proposal for corrosion engineering services, materials and installation of one (1) complete internal Cathodic Protection (CP) systems. Materials inclusive to this proposal consist of a NEMA 4 FRP rectifier with an automatic controller, horizontally suspended .062" titanium mixed metal oxide anode assemblies; Two (2) Cu /CUSO4 reference electrodes; DC Wiring; And incidental splice material *All CP components exposed to the tank interior are UL classified in accordance with NSF Standard 61 per California State Citation CCR Title 22: 64590/64591. Included in this proposal is pricing for (CP) components. Corrpro pricing for materials and quantities are subject to change until there is an approved design. Installation & testing will be performed by Corrpro Waterworks personnel and reviewed under the direct supervision of a NACE Cathodic Protection Specialist (CP Level 4). The below table includes the price for each associated task as required per Corrpro design. 1. Engineering Design Services — Pre - Installation During this phase Corrpro will obtain tank and site information to perform a cathodic protection design ensuring adequate (CP) current and current distribution internally within the tank. Corrpro will provide design calculations, installation drawings and material catalog cuts for approval prior to moving forward with material ordering. The (CP) system will be designed with a minimum 20 year design life according to NACE SP0388 -14 specifications. Upon receiving approval and notice to precede the materials will be ordered and shipped, with an expected lead time of 4 to 6 weeks. 2. Engineering Services —Installation Corrpro Waterworks personnel will Install the corrosion control system components to ensure conformance with project specifications and Corrpro Waterworks design. The pricing for engineering services associated with the Installation is estimated based on the following tasks listed in the below table. The labor costs associated with the Installation support will be included in this price: Proposal for lntemai CatbodlePrntecilonEnglneeringServlces &Materials, NeparedbyJCM CorrproRei. #SCAd6]U -A 4/1812016 11 Page Score of Services to be provided by others The site will notify Corrpro of the dates of construction at least 30 -days in advance. • This price does not include provisions for 120V /10amp /1ph /60Hz AC input to rectifier. • This price does not include any welding of hardware and touch -up coating. • This price does not include provisions for buried DC conduit and wiring. 3. Engineering Services — Post - Installation Once installation is complete Corrpro will perform the following tasks listed in the below table to ensure that the (CP) components are working properly and providing adequate levels of (CP) according to NACE criteria. All data obtained will be compiled in a report and submitted within 30 days of survey completion. This report will include Start Up Test Report and operation & maintenance manual. 4. Materials & Shipping Corrpro will provide the materials listed in the below table per the initial design, these quantities and the associated price will be confirmed once the design has been completed and approved. All hardware for mounting of CP system to be provided. Proposal for Internal Cathodic Proleclion Engineering Services & Materials. Prepared byJCM Corrpro Ref.9SCA46 -10-A 4/18/2016 2 1 Page 5. Start up / Warranty At the time of start up, when the tank is full of water, Corrpro will provide cathodic protection operating instructions to the designated personal responsible for maintaining and monitoring the (CP) system. All (CP) materials and labor shall be guaranteed for a period of one (1) year by Corrpro's standard warranty, beginning from the date of final acceptance or at such time that the system is energized for useful purposes. Corrpro Waterworks payment terms are due upon receipt, subject to credit approval and Corrpro Companies, Inc. professional services terms & conditions, available upon request. Invoices issued on a work complete to date basis. Corrpro Waterworks will not accept payment terms that are contingent upon payment to your firm by an outside source. An original copy of this quotation will be provided by U.S. Mail upon request. Thank you for the opportunity to submit this proposal. This proposal will be honored for 90 days from this date. Kindly have the signatory space below signed and fax back (fax 623 -842 -9697) or emailed (:n enrioza c co _q&qM) back a copy to my attention. If you have any questions, please contact us at (602) 269 -7641 Respectfully submitted, "I- ... CadeJ son Nati I operations Manager luar� Carlos R. Mendoza Estimator 6. Additional Work Corrpro Waterworks shall execute additional construction services as determined by the City of El Segundo City Engineer on a time and materials basis for a fee not to exceed $3,700.00. 7. Contract Accounting Summary High Tank Cathodic Protection System $14,900.00 i.0ed by the C (y ........-.....m 00.00 Total Contract $18,600.00 Proposal for Internal Calhodlc Protection Engineering Services & Materials, Prepared by XIA Corrpro Het. NSCA46.10•A 4/18/2016 3 1 Page CLIENT APPROVAL ON CORRPRO REFERENCE # SCA- 16 -10 -A (complete below): Authorized Signature Title Typed or Printed Name Date The following additional terms and conditions apply to this proposal: 1. Progress biiling will be submitted when materials are delivered and /or service progressively rendered. 2. This price includes any applicable taxes and shipping. Please forward tax exemption certificate as required. 3. Corrpro shall be entitled to an equitable adjustment in the price of the work, including but not limited to any increased costs of labor, including overtime, or materials, resulting from any change of schedule, acceleration, out of sequence work or delay caused by others for whom Corrpro is not responsible. 4. Corrpro reserves the right to pass on price increase in manufactured and /or consumable products to the Purchaser if the order has not been placed within ninety (90) days of the proposal being issued. 5. All terms and conditions listed above, whether explicitly detailed or not detailed in a resulting contract or purchase order, shall be accepted as "condition of sale" between Corrpro and the Purchaser and cannot be waived unless it is explicitly mentioned in the resulting contract or purchase order. 6. The schedule of the work is to be mutually agreed upon. 7. Completion and acceptance of a credit application may be required prior to commencement of work Proposal for Internal Cathodic Protection Engineering Services & Materials. Prepared byJCM Corrpro Bet.HSCA-1rr10-A 411812016 4 1 Page 3s.—O. 23'-0' 5 FIMOUELD IFICATI0NCODITIONS W Eii ADE T6 ii'EET . . . ....................... + + v I WELDED TO TANK S (FEET) � EET 4 - STE EL E G E RISER. 2 - %1FLOE A' sc a" DO'AN FROM U Q ", I APART AND 2 - L I BOTTOMj 40 IN - A LW u", M, 1801, (DFORCIS) APA Al A SEE DETAIL 111, !PiEU CORPPRO SYSTEM NO. 92251 I - RECTIFIER NqOVNTING URACXE SEE DETAIL THIS SHEET I - I- NPT WOO COUPLING SEE DETAIL THIS SHEET Agreement No. 4963A MIXdi TAW •ML F I/ $»Oc TRW WIV rg KNO KO WAN ---------- CITY OF TRINIDAD CATHODIC PROTECTION ELEVATED TANK SYSTEM HARDARE LOCATION DETA TRINIDAD, iw.00Wi) GALLON ELEVATED NONE COLORADO WATER STORAGE TANK cicw IL -' F- -J� 0 td;t *3DE 7" ft$M PPE 26, TANK 14* URAL fytgx FRONT NEW RECTIFIER UOUNTIXG DETAIL ---------- CITY OF TRINIDAD CATHODIC PROTECTION ELEVATED TANK SYSTEM HARDARE LOCATION DETA TRINIDAD, iw.00Wi) GALLON ELEVATED NONE COLORADO WATER STORAGE TANK cicw IL -' F- -J� 0 td;t PRESSURE SIDE 1" NPT 303 STAINLESS STEEL HEX NIPPLE SRO CftcAZIONs 'WATER TEMPERAIURE RANGE: 32' TO 190' F AMBIENT TEMPERATURE RANGE: MINUS 20' TO 120 F VOLTAGE RAZING: NO. 10 AWG -- 600 VOLTS @ 30 AMPS VOLTAGE RA61NG; NO. 141 A1YG - 600 VOLTS @ 15 AMPS PRESSURE RATING: 200PSI NSF 61 CLASSIFIED FOR USE IN POTADLB_ W IER: HIGH CONCENTRATION O1 CHLORINE DURING DISINFECTION COULD REACH p.EWLS OF 2001--mg/t, AVAILABLE CHLORINE WMNM EP Agreement No. 4963A ATMOSPHERE SIDE {4 12" -t 1" NPT WIRE PRESSURE ENTRANCE FITTING 2 - #10 AYIG RHW /USE WIRES & 2 - #14 AWG RHW /USE WIRES HERMETICALLY SEALED IN HOUSING STANDARD 4 WIRE DETAIL DRARING SPEC j M s 0 x n m c� e b �n z Agreement No 4963A Cathodic Protection System Components in Accordance -,with AWWA Standard D104 /NACE Standard RP0388 1 Titanium Mixed Metal Oxide or Platinized Niobium Impressed Current Bowl and Riser Anode Assemblies / Submerged Anode Support System / Permanent Reference Electrodes -- A— Elet-aRen Buoy r- 1 Steel Anchors Welded to Side Wall / Conduit with Associated Wining 1 Automatically Controlled T.A,S.C.` Rectifier Waterworks Division = Sales and Operations Offlces Ohio Georgia. 1055 W. Smith Road 581 Sigman Rd.! Ste. 3a World Headquarters Medlna, OH 44256 Conyers,? GA. 30013 1090 Enterprise Drive Tel: 330.726.6681 Tel: 770.761,5400 Medlna,•OH 44256 Fax: 330.723.606.5 Fait: 770.76'x.5410 mvw.'corrpro.00m Tel: 330.723.50821800.443.3516 Tel: 930.723.5082 180 1- 866.267 -7776 Fax: 330.723.6065 Fax: 330.723.6065 National Service Center Tel: 800.443.3516 Coriprol is a subsidiary of insltuform Tachnologlao, Inc., the Kvddsvlde leader in pipeline rehabilitation srlvIlons. Arizona 5643 N. 52nd Avenue Glendale, AZ 85301 Tel: 802,269.7641 Fax: 623.842.9697 "Cell: 330,723.50621800.443.3516 Fax 330.723.6065 0 eoarpro CwVanlus, Ina.All Righis Rasemed. 0 0.443.3516 Arizona 5643 N. 52nd Avenue Glendale, AZ 85301 Tel: 802,269.7641 Fax: 623.842.9697 "Cell: 330,723.50621800.443.3516 Fax 330.723.6065 0 eoarpro CwVanlus, Ina.All Righis Rasemed. r , Cathodic Protection Rectifiers Description The Corrpro T.A.S.C. series rectifier is specifically designed to provide accurate, economical corrosion control for the submerged surfaces of steel water storage tanks and water / wastewater treatment units. The T.A.S.C. Vlll is designed by NACE accredited cathodic protection engineers for optimum performance in accordance with ANSI /AWWA D104, Type A, IR Drop Free control standards. The T.A,S.C, rectifier automatically monitors and adjusts the DC output required for optimum corrosion control. The T;A.S.C. rectifier control unit is equipped with an automatic potential limit, which is adjusted to maintain AWWA D104 -97 and NACE criteria for optimum cathodic protection corrosion control while preventing over or under protection of the coated surface. Superior design, engineering and operation provide ownerloperators with long life, low maintenance performance. The standard digital display meters facilitate ease of monitoring,'with performance indicator lights on the front cabinet available as an optional extra feature. Each T.A.S.C. rectifier is both factory and job site tested to Insure quality workmanship and performance. Features Agreement No. 4963A . Totally Automatic Control. . Eliminates "1R' Drop Error. . Controls fromO to 100% of Rated Output. . Automatic Current Limiting. . Soft -Start Circuitry To Avoid High Initial Power-On In- rush Currents. . Anti -spike technology for prevention of voltage /current overshooting afterrelease of interruption. . Full -wave silicon rectification. . High energyACinputsurge protection. . High energy DC output surge protection. . Secondary AC surge protection, . Plug InAutomatic Control Circuit Board. . Switch forAutomatic/Manual Operation. . High Intensity LED Digital Meters. . Transformer constructed to Class 'H' (180'C /356 °F) temperature requirements with a minimum efficiency of 95 %. . All brass /copper hardware finished in electroless nickel plate forsuperior corrosion prevention. . Wail or pole mounting. . One year warranty, from date of purchase against defective components, and faulty workmanship. . Full complement of options to tailor the rectifier to the specific installation requirements. . Control indicator LEDs. Specifications • Single phase inputs: 115, 208, 230, 460 VAC., 60 Cycle. • Magnetic trip input circuit breakers and secondary fuses for full overload & short circuit protection. • Standard 25 -steps of tap adjustment • Output voltage range 20 or 30 volts DC. . Output current range 5, 8 or 16 amperes DC. • Special output or Input ratings available on request. • Metering: 2% meters, temperature compensated. • Cooling by natural air convection, • Operating ambient: -40° to +45 °C( -40° to 113 °F). • NEMA4XEnclosure. • Stainless steel hardware. • "Dead - front "aluminum front panel. • CSAcertified under file number LR- 45382. Conpro companies Inc„ Corrpro Rectler 1hv'alon 10848.214 Street, Edmonton, Alberta, Canada,M 2A7 Phone: (780)447 -4585 Fax: (780)447.4248 E•mai: ra6fiaf In!*@corrpro.ca h1tp1Mv,1Y.corrpro. ca Enclosure Dimensions 19.59• Ordering Guide Agreement No. 4963A Cathodic Protection Rectifiers Model, [!"d A Option Code Summary C - SscondaryAnods Ctrcutt J - Potential MonitorArarm R -Non Standard Endosure Rnsh Z - Unlisted Option (Customer Defined) 8, err '1.80" UE-3 (other options are irnited for this sales, please consult factory) MOUNTING DIMENSIONS: (CENTER TO CENTER) WIDTH - 12.09' HEIGHT - 18.76' HOLE SIZE - 0.34' (11132) OVERALLCLEARANCE DIMENSIONS: VVIOTH - 18.00' HEIGHT - 19.60' 19; TASC - I.R. Free Automatic Type A- 115 VAC Input ........ _. B - 208 VAC InpU .. .... C - 230 VAC Input ........� .. .�.B.O.�VAC..�In - .. ............_. ........... # - DC Voltage (Output (20 or 30 VDC) # - DC Current tOutptlt 5, 8 or 16 ADC OPT - 0olion Codes (see belowl wtia. CorRpao Compardes'dac., Corapro RocrC,Tior %''&W, 19949.214 Met, Ednroalon, Adhoada, Canada,165 2A7 Phone: (780)447.4585 Fax: (788)447.4248 E-ma9: rectifier Info@conpro.ca htlplAmtiv.corrpro.ca I N <4 w 44 Corrpro° Mixed Metal x! Na a'Wire , nodes; Lightweight and Dlrfre j'si nq'lly�StOble Ordering Procedure The many benefits oblaineet by usIn( mixed metal oxide The mixed ntetat oxide wire a o le is available in anodes are well known. Th se in lu 0 1 0 wiconsumption different current output tatirtg� 'eo order the right wire rates, dimensional s6bil�ty and high omrrrent ddn itie�s. anode for your particular a pica ion, indicate that you Wire mixed metal oxide (nodes possess all these need a mixed metal oxide ire a. ode. Specify the lineal characteristics and also offer greater' installation feet desired Arad the wire type, A example is provided flexibility. The anodes are:: co niaosed�of h copper to illustrate this process. u � core, which is surrounded by a tit�niLrrn `substrate. Metallurgically bonded to the substrotea is mixed fetal �� m �g, � t 11, l �t �� oxide coating. The combination of those: three m tedals �,e:i�,� at� ��� �� I `° ' ° ��� � � °� ° °° � �� � ` produces an anode c gable of su enor,opora ing Quantity Lineal Feet 1000 ft _ Wire Anode ..._. .., performance. The titaniuPm is irrlterently resilie t Anode Material Mixed Metal Oxide and stable, allowing tke faire ahode t�o be e xtr° m ly ; � m � � � _ e doesn l di.40 ' ltro g r flan t, Anode Type TIR2000wStandard flexible. Because this °me -tai does l�rot di ch electrical current tract fe is mixed metal oxide coating, the coating acs in'l wane t0 � abrupt current reverse ls,� arld shay receive high current overloads for initial polarization without ca6sirig liarm to the anode. Corrpro wire anodes can be used in fdurneresus geometries. In water storage t,nksa tote 'anodes is oft n suspended by rope in con fiu rations, that follow the + circumference of the structr re.i Tllis des gn perrrt�ts even current distrib,4011,1 It. als produces a catltod16 protection system that is, nest sus ptibld to damage from icing. Because tiro n9de; Is cPnt1jnu a wire,, failures due to poor wvire cohn ctlons' arb e irn raafed Applications i Corrpro mixed metal bxi e h8de can be used i� bath aqueous and soil efectrolytes. They rieliver superior, protection in fresh, br° cA isl or�sa�t paters, �artd have been found to be resistant to acid �att aZ The An des can operate in ternpe at es" of {up to 1, 50Co Trey should not be used in ei ctrolytes containirtcg barivai or cadmium. 1 I � a R n rrTRTW Cl f:5 B RP ,lt CC 3-5.tz,l.'l, Permacell 801 Permanent R *� 'erice C�II d For Accurate Readl6gs; in Fresh Water Environments ; Routine monitoring is an important part of ally` - cathodic protection main�eniance program. Toipliy this testing procedure, differen� ty~ es of pe�rxra nsnt ' ar reference cells can b� used. fear trrrclure�s located in �1 , ` fresh water, Corrpro offers the Penn c,4'8' c, l 801 co, peal ` copper sulfate cell. 'The Oell,is' a6e, using 0.9,90/0 iaa lure copper coiled el mbnti which is surrounded ; by a supersaturated paste of copoer ulfato. "fly ` s�i, ensure a low- resistancecorinection, lead wie is mechanically bonded'and soldered tea the copper element. This electricbl jun6tion is th n encapsulated r k . by a moisture- resistaw t shrink 6 vefor a ruly saalpd F connection. Electrical conta'bt to the electrolytO is� accomplished througk a �Olt� ring plug at the erhd of the reference electrode. The plug allo"ws�accur rte�potential fill", measurements to be abtain6d While preventing cell a contamination. I In order for a refer'en e to be effective, it must remain r a v electrically stable over tine., Corrpro"s 80'1 eference cell delivers unsurpassed siabllily� due to strict f quality control procedures irnpiente+d duiln i the manufacturing process beinonized water is usedo a r "% create the supersaturated solution of c4per sulfate, and the copper element , is treated`with 6 special 1 t cleansing agent bofrss`e i ( is inslalldnta lht3 cell" ; plastic housing. Each cell is also tested for reslstende and electrical potential, and' the valivohli s obtin+d are- recorded and marked on s ,ippingp ts ttsched �o the cells. These extras q+'alll� steps Perr y ac611 801 a 30 -year design life and tie abijlty to �na�ntain n electrical potential of within ±5 °millivolts; r., Typical Applicatlons f a The Permacell 801 is! ideal ior'�us4 inl cathodic! protection systems o�er ted lfj fr sl''water r ca environments. This Include,' elev toe , w�ite� storage tanks, clarifiers, traveling screens; p stasurizeis, luck's, i dams, and fresh water doc struc ures. 11,E c it call v, be operated at temperatures of up to 135`"F but should not be used in waters containing high celrppnkrations of ch, ioride ions. ' 368 i o Ordering Procedur'cr Permacell 01 is provided ist nd~ rd with fifty feet of insulated lead ware, but it cn also be custom manufactured to meet the pustorper's specifications. To order this reference cell fob your rarticular application, indicate that you treed a Corrll)ro;Permacell 809 permanent reference cell, and specify the quantity desired and the lead wire 16116th) size, and insulation, if different from the staridard l5ro�id 6d. An example is included to illustrate this p(oces, 91i HMWPE -- Standard � ...� able b use #16, _ ...... Custom assemblies ravaa rabl�a, #14, #20, #10, or 8 mres;lbr those assemblies. " k @ o08 Conpro Companies, Inc. « AU lglals Resewed , Permanent Reference e Cell Permacell Model 8 801„ a Lead Wire Length 50 5 50 ft ft Standard Size #14 AWG 1 14 AWG Standard � �Insulation _....HMWPE � ...� able b use #16, _ ...... Custom assemblies ravaa rabl�a, #14, #20, #10, or 8 mres;lbr those assemblies. " k @ o08 Conpro Companies, Inc. « AU lglals Resewed , Agreement No. 4963A Pennacelf 801 Pdrenqnahl Reference i3ad 11 SCHEDULE bo I VC LEAD WIRE PIPE' STRAW RELIEF E KE�NDITIE' c SPL SEALANT D jl$�IC 1 CuSO4 'MIXTURE COPPER ELEMENT MECHANICALLY BONDED AND'SOLDERED CONNECTION, ENCAPSUL�TEbB'Y A 81-II INK SLEEVE 7 1 42� Nominal Dimensions Weight ...,.Ma, ximum 0 Length Temperature Design Life Electrical Stabililty lbs kg 1" X III, (25.4mm x 279-4mm) 2 0.91 ±5 millivolts with 3.0 135 OF 57.2 OC 30 Years microamp load cl 7 7 10 ON % 369 0, 2008 Coapro Compantes, Inc. All Rights Reserved . ... ......... Agreement No. 4963A FDNP.MH17837 Drinking Water System Components Drinking Water System Components co ANSI /NSF STANDARD 61 Mechanical Devices (a) - Combinations of 1 -2, 3 or 4, and 7 -16- Greater than 25,000 gal. (b) - Combinations of 1 -2, 5 or 6, and 7 -16. Greater than 25,000 gal. NOTE - Poduct Is classified as an entire system when using various combinations of the Corrpro Cathodic Protection System Model Components: 1. Insulated Cable /Wiring; 2. Sealer; 3. Platinized N[obium (P /N) Anode; 4.Titanlum Anode; S. Galvo -Rod Magneslum Anode; 6. Galva -Mag Magnesium Anode; 7. IHRP80ICT Reference Electrode ; 8. Rope; 9. Pressure Entrance Fitting; 10. Floats; 11. Shock Card, 12. Rubber Gasket and Insulator; 13. Suspension Stabilizer; 14. Electrical Tape; 15. Heat Shrink Tube; 16. Cable Ties. Components of the Classified product can be replaced in the field with components that appear on the "Authorized Wetted Parts List'. p2012ULLLC The appearance of a company's name or product in this database does not In Itself assure that products so Identified have been manufactured under UL's Follow -Up Service. Only those products bearing the UL Mark should be considered to be Listed and covered under UL's Follow -Up Service. Always look for the Mark on the product. UL permits the reproduction of the material contained In the Online Certification Directory subject to the following conditions: 1. The Guide Information, Designs and /or Listings (files) must be presented in their entirety and in a non- misleading manner, without any manipulation of the data (or drawings). 2. The statement 'Reprinted from the Online Certifications Directory with permission from UL' must appear adjacent to the extracted material. In addition, the reprinted material must include a copyright notice in the following format: '© 2012 UL LLC'. Agreement No. 4963A UNDERWRITERS LABORATORIES INC. Au independent, not-for-prorit organization testing for public safety COR11PRO WATEMWORKS -- -- --,-.-AlANLJFAC`TURE. REF-PRENCr No E-0AW.WN f -NR A ?, I E tCl!h. Rat ADDRESS . .... .-.-. ISI . . . . ............... ­­-.111,11,11- CERTIFICATE illedhin, Oil 44256 —rr V,- STATF, ZIP CODE The above company is qualified under lite Classification and rollow-up Scrvicp of Underwriters Laboratories lite. to furnish Drinking Water Treatment Components Classified with respcc( to Standard ANS11N, SF�`� I . The above mentioned company is therefore authorized to issue l stns, 6 icate for the bulk shipment of material described below as it's ,14 tf W, �,> -iters Laboratories hic. for this representation that Stich material is manufactured in conyfliand mii�� requireiOnis established by Underxvi class of product. 'I'his Cerlificate sloes not indicate prol4api)ficiflion ortiscofthe material and does not apply to other material, which may be used at the loention specified. V -- SEE U L PLUMBING hND ASSOCIATED PRODUCTS DIRr.,CTORY - TRADE DESIGNATION; _.______.. m w CATEGORY Mechanical Devices SE LEVEL: L, AY ANSI/ NSF 61 DRINKING WATER SYSTEM COMPONENTS 7N53 Date of issuance of Certificate: Date Material . .... . . . ................ --- - Carrier : —m. ,_ WaterworksQ - — ----------- — ----- — Description of Container: Corqirn Wnft-.,-wnrk,-L-re.%v Vehicte Bill of Lading N Shipped To. �iowimrp. nf Aiifhnri7P.d PerqAtj City/Slate Agreement No. 4963A CORRPRO COMPANIES, INC. PROPOSAL TERMS AND CONDITIONS The following terms and conditions (`T &Cs') apply to the proposed sale of equipment, supplies, products or materials ('Goods') or the proposed furnishing of labor, with or without the supply of Goods ('Services'), by Corrpro Companies, inc. (' Corrpro7, all as further described in the Proposal, to the buyer named In the Proposal ('Buyer"). 1. Scope of Agreement; Acceptance. Unless expressly provided otherwise in a writing signed by Buyer and Corrpro (including a master or other written agreement between Corrpro and Buyer signed by an authorized representative of Corrpro prior to the Proposal, these T &Cs, Corrpro's Warranty Certificate and any other documents expressly Identified in the Proposal as a contract document shall be considered contract documents (collectively, the 'Agreement'). Any terms that add to or contradict the terms of this Agreement are not valid. A definite expression of acceptance of this Proposal by Buyer that contains terns that are additional to or different from the terms of the Agreement will form a contract solely on the Agreement, and the additional or different terms shall not become a part of (he Agreement, whether or not they would materially alter the Agreement. Neither course of prior dealings nor usage of trade shall be relevant to supplement or explain any provision of the Agreement. This Agreement becomes a valid and binding obligation of Corrpro and Buyer on the earlier of: (a) Corrpro's receipt of this Proposal signed by Buyer; (b) Buyer delivering a purchase order or a purchase order number to Corrpro for the Goods or Services described in the Proposal; (c) Buyers receipt and acceptance of the Goods or Services, (d) Buyer's payment for the Goods or Services described in the Proposal, or (e) any other written indication by Buyer of its acceptance of this Proposal. 2. Delivery; Risk of Loss. All shipping dates of Goods and performance dates of Services stated in the Proposal are approximate and not a guarantee of a particular date of shipment or performance. Unless slated otherwise in the Proposal, delivery of Goods shall be EXW (Incoterms 2010) at Corrpro's facility stated in the Proposal. At Buyers option, Corrpro will ship Goods to Buyer at the shipping address stated in the Proposal by any commercially reasonable means, provided that Corrpro has the option of selecting the particular route and carrier for shipment of the' Goods to Buyer, unless specified by Buyer. Buyer shall bear all risk of loss or damage in transit. All freight, insurance, tariffs, freight forwarding, customs, cartage and other transportation or incidental charges shall be borne by Buyer. Corrpro reserves the right to deliver Goods or perform Services in installments, all such installments to be separately Invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer's obligations to accept remaining deliveries, 3. Inspection and Acceptance. immediately on Buyer's receipt of any Goods shipped or Services performed, Buyer shall inspect the same and shall notify Corrpro in writing of any claims for shortages or non - conformance (including defective and damaged Goods or Services). Buyer shall hold any non- conforming Goods for Corrpro's written instructions concerning disposition. Failure to give written notice of any non- conforming Goods or Services within 10 days after receipt of Goods or performance of Services, express oral or written acceptance of the Goods or Services, or payment for the Goods or Services, shall conclusively (a) establish Buyers acceptance of the Goods or Services, (b) release Corrpro from any and all liability therefor, and (c) waive Buyers right to seek damages or other remedies for any non - conforming Goods or Services. Buyer shall bear the expenses of inspection under all circumstances. 4. Payment Terms. Terms of sale are net 30 days from date of invoice, unless otherwise stated in the Proposal. Time is of the essence with respect to all payments, Any amount not received by Corrpro when due shall bear interest at the rate of 1'/a0/o per month (18% annually), or the maximum rate of interest that applicable law allows, whichever is less, until fully paid, including any interest due. Buyer agrees to pay all costs of collection resulting from any default by Buyer of this Agreement. Amounts due to Corrpro under this Agreement are not subject to offset, deduction or back charges by Buyer. Unless stated otherwise in the Proposal, the prices slated in the Proposal and all payments due to Corrpro from Buyer shall be in the lawful currency of the U.S. If, at any time prior to shipment or performance (either complete or partial), Buyer does not meet Corrpro's credit approval or Corrpro, in its sole discretion, deems Buyer's financial condition to be unsatisfactory, Corrpro may either (a) delay or postpone delivery of Goods or performance of Services, (b) cancel the Agreement, or (c) request payment in full or other security satisfactory to Corrpro from Buyer prior to shipment of the Goods or performance of the Services. 6. Taxes; Permits and Fees; Laws. Unless expressly stated otherwise in the Proposal, the purchase price for the Goods furnished or Services performed by Corrpro excludes all governmental or brokerage taxes, duties, customs, fees, charges or assessments (collectively, 'Taxes'). In the event Corrpro is required to pay any Taxes, Buyer shall reimburse Corrpro. Buyer must provide Corrpro with documentation acceptable to Corrpro of any exemptions claimed from Taxes in advance. Except to the extent assumed by Corrpro in writing, Buyer shall secure and pay for all permits and fees necessary for delivery and installation of the Goods or performance of the Services. it is Buyers duty to ascertain that the Goods or Services proposed by Corrpro are and their subsequent installation and use is in accordance with applicable laws, ordinances and building codes. Corrpro shall not be responsible for compliance of the Goods or Services to such laws, ordinances and building codes, but shall, to the extent reasonably possible, promptly notify Buyer of any discrepancies brought to Corrpro's attention. 6. Specifications. Buyer warrants that any documents, drawings, designs or specifications furnished to Corrpro by Buyer or any party acting on behalf of, or under direction from, Buyer (collectively, 'Specificationsl are complete, accurate and may be reasonably relied on by Corrpro. Corrpro shall have no liability for errors, omissions or Inconsistencies in any Specifications. In the event the Agreement contains submittal requirements pertaining to the Goods or Services, Compro agrees to submit in a timely fashion to Buyer for review and approval any shop drawings, samples„ product data,, manufacturers' literature or similar submittals as Buyer may reasonably request. Buyer shall be responsible for review and approval of submittals with reasonable promptness to avoid causing delay. 7. Change Orders. Changes to the quantity, Specifications, scope of supply or performance, delivery schedule, period of performance, shipping instructions or any other material term of the Agreement, may only be made by Buyer and Corrpro executing a written change order ('Change Order). Any Change Order shall state the parties' agreement on (a) change in the material term of the Agreement, and (b) an adjustment to the purchase price or the date of shipment or period of performance, as applicable. Both parties agree that, unless a Change Order Is agreed in writing and signed by authorized representatives of both parties, the Agreement shall not be changed or modified in any manner. In addition, Corrpro has the right to suspend performance during the period while the change is being evaluated and negotiated. In the event Buyer has communicated proposed changes to Corrpro, Corrpro, at its sole discretion, shall either (x) accept the Change Order, (y) reject the Change Order and continue performance under the existing Agreement, or (z) cancel the Agreement, In the event that Corrpro elects (y) above, Buyer shall have the option to cancel the Agreement. 8. Warranties. CORRPRO'S WARRANTY OBLIGATIONS ARE PROVIDED IN CORRPRO'S WARRANTY CERTIFICATE INCORPORATED IN THIS AGREEMENT. CORRPRO EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER EXPRESSLY AGREES THAT THE REMEDIES AVAILABLE UNDER THE WARRANTY CERTIFICATE AND THESE T &CS ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY WARRANTY PROVIDED IN THIS AGREEMENT. Corrpro does not warrant that the use or sale of the Goods delivered or Services performed under (his Agreement will not infringe the claims of any U.S. or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process. Rev. 1112012 Agreement No. 4963A 9. Technical Assistance. At Buyer's request, Corrpro may, in its discretion, furnish technical assistance and information with respect to Corrpro's products. CORRPRO MAKES NO WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, WITH RESPECT TO TECHNICAL ASSISTANCE OR INFORMATION PROVIDED BY CORPRRO OR ITS PERSONNEL, ANY SUGGESTIONS BY CORRPRO REGARDING USE, SELECTION, APPLICATION OR SUITABILITY OF PRODUCTS SHALL NOT BE CONSTRUED AS AN EXPRESS WARRANTY UNLESS SPECIFICALLY DESIGNATED AS SUCH IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF CORRPRO, 10. Confidentiality. All information, including quotations, specifications, drawings, prints, schematics, and any other engineering, technical or pricing dala or information submitted by Corrpro to Buyer related to any order for Goods or Services are the confidential and proprietary information of Corrpro. Buyer and its employees, agents or other parties for whom Buyer is responsible may not disclose Compro's confidential and proprietary information to any third parties, or use Corrpro's confidential and proprietary information for its own account or that of any third party, except in the performance of this Agreement. 11. Force Majeure. if Corrpro is delayed at any time by the acts or omissions of Buyer, Change Orders, or any Force Majeure, then the period of perfonnance of Services shall be extended, the delivery of Goods rescheduled and the price equitably adjusted to reflect the effects of delay on Compro's costs. 'Force Majeure' means circumstances beyond Corrpro's reasonable control, including acts of God, acts of public enemies, wars, other hostilities, blockades, insurrections, riots, epidemics, quarantine restrictions, floods, unavailability of components or supplies, lightning, fire, storms, earthquakes, arrests, civil disturbances, acts of any governmental or local authority, and any other acts and causes, not within Corrpro's control, which by the exercise of due diligence and reasonable commercial effort, Corrpro shall not have been able to foresee, avoid or overcome. If Corrpro is unable for any reason to supply the total demands for Goods specified in the Agreement, Corrpro may allocate its viable supply among any or all purchasers on such basis as Corrpro may deem fair and practical, without liability for any failure of performance which may result therefrom. 12. Default; Cancellation. If Buyer fails to perform any of its obligations under this Agreement, including failure to make payments as provided in this Agreement or otherwise, or if Buyer fails to give prompt assurances of future performance when requested by Corrpro, then Corrpro may, on 5 days' written notice to Buyer, declare Buyer to be in default and Corrpro may suspend or terminate performance of its obligations under this Agreement without liability and retain all rights and remedies Corrpro may possess at law, in equity or as provided in these T &Cs. In addition to the remedies above, to the extent that (a) Corrpro declares a default under this Section 12, or (b) if the order is cancelled for any reason other than default by Corrpro, Buyer agrees to pay Corrpro on demand 100% of the quoted price for any Goods and Services for which Corrpro has commenced work, regardless whether such Goods or Services are completed, plus any charges for packing and storing any of the aforementioned Goods or demobilizing for Services. 13. Hazardous Material. Corrpro is not responsible for the discovery of any hazardous material at the site where Services are to be performed. In the event Corrpro discovers hazardous material, Corrpro will promptly notify Buyer. Corrpro is not obligated to commence or continue work until all hazardous material discovered at the place of performance has been removed, remediated, or determined to be harmless. If Corrpro incurs additional costs or is delayed due to the presence or remediation of hazardous material, Corrpro is entitled to an equitable adjustment in both the Agreement's price and the time for performance, In no event shall Corrpro be liable to Buyer or any third party for any hazardous material existing at the place of performance, or brought onto said premises by any third party. Hazardous material includes any substance or material identified currently or in the future as hazardous under applicable laws, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. 14. Release of Liability for Buried Pipelines. If necessary for the performance of Services, Corrpro will contact the appropriate jurisdictional authority to identify and locate any buried public utilities at least 72 hours prior to commencing work on site. Corrpro will also attempt to locate any buried metallic piping prior to commencing work on the site. Buyer will provide Corrpro with accurate, dimensioned, reliable site piping and utility plans ('as -built site drawings') which depict, at a minimum, the precise location of all underground storage tanks and all below ground fuel, vent, air, water, or natural gas piping and electricallinstrumentation conduits (collectively 'below- ground hazards') at least 3 days in advance of the date Corrpro is to commence work at the site. If Buyer fails to provide as -built site drawings, or if any as -built site drawings provided by Buyer are inaccurate or fail to identify the location of all below- ground hazards, Buyer agrees that Corrpro will not be liable to Buyer for any damages, liabilities or claims arising from damage to any below -ground hazard or a release of petroleum products or other hazardous material, in the course of Corrpro's performance of the Services, including any such damages caused by the negligence of Corrpro or its employees. In addition, Buyer will indemnify and hold Corrpro harmless from any such damages, liabilities or claims made by third parties, including governmental agencies. 15. Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CORRPRO AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, COSTS (INCLUDING COSTS OF LITIGATION OR OTHER DISPUTE RESOLUTION AND ATTORNEYS' FEES), CLAIMS AND CAUSES OF ACTION IN FAVOR OF ANY AND ALL PERSONS ARISING OUT OF, RESULTING FROM, OR IN ANY WAY ATTRIBUTABLE TO THE NEGLIGENT ACT OR ACTION, OMISSION OR FAILURE TO ACT ON THE PART OF BUYER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS OR ANY OTHER PARTY FOR WHOSE ACTS OR OMISSIONS ANY OF THEM MAY BE LIABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER FURTHER AGREES THAT WHERE OTHER CONSULTANTS OR CONTRACTORS ARE EMPLOYED IN THE WORK, BUYER WILL NOT HOLD CORRPRO RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY ANY FAULT OR NEGLIGENCE OF SUCH OTHER CONSULTANTS OR CONTRACTORS FOR RECOVERY FROM THEM, OR ANY OF THEM, FOR ANY SUCH DAMAGE OR INJURY. 1S. Limitation of Liability. IN NO EVENT SHALL CORRPRO OR ITS AFFILIATES BE LIABLE TO BUYER, ITS AFFILIATES, SUCCESSORS, ASSIGNS, VENDEES OR TRANSFEREES, OR TO ANY THIRD PARTY, FOR ANY ECONOMIC LOSS, LOST PROFITS OR BUSINESS OPPORTUNITIES, PHYSICAL HARM, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF CORRPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, RESULTING FROM OR RELATING IN ANY WAY TO THIS AGREEMENT OR ACTS OR OMISSIONS OF CORRPRO IN CONNECTION THEREWITH. 17. Dispute Resolution; Prevailing Party; Governing Law, Any and all disputes, claims or controversies arising out of or relating to this Agreement, or the breach thereof, shall be finally settled in the district court for the Southern District of Texas or the Harris County District Court, both located in Houston, Texas. Each party agrees to personal jurisdiction in these courts. In any litigation proceeding pursuant to this Agreement, the prevailing party shall recover from the other party all reasonable attorneys' fees, and other expenses in connection with such proceeding. The prevailing party is a parry who recovers at least 75% of its total claims in the action, or who is required to pay no more than 25% of the other party's total claim in the action. The UNCITRAL Convention on Contracts for the International Sate of Goods shall not apply to the validity, construction or performance of this Agreement, 18. Export Compliance. Corrpro's products, programs, and services are subject to U.S. export laws, rules, treaties, regulations, and international agreements (collectively, 'Export Laws). Buyer assumes the responsibility of abiding by the Export Laws along with applicable foreign laves when Rev. 11/2012 Agreement No. 4963A transferring, selling, importing, exporting, re- exporting, deemed exporting, diverting, or otherwise disposing of Goods or Services. By purchasing the Goods and/or Services, Buyer represents it is not In a sanctioned country nor is Buyer an individual or an entity whose purchase of the Goods or Services is restricted by the Export laws. 19. Order of Precedence; Notice. If there is a conflict between the contract documents included In this Agreement, unless specified otherwise, the terms of the documents will control in the following order; (a) master or other written agreement between Corrpro and Buyer signed by an authorized representative of Corrpro prior to the date of the Proposal; (b) terms stated on the face of the Proposal; (c) the Warranty Certificate; (d) these T &Cs; and (e) any other contract documents. All notices and communications required by this Agreement shall be delivered, in writing, to the Corrpro address stated on the Proposal, 20. Interpretation. Corrpro and Buyer acknowledge this Agreement, including the Proposal, these T &Cs, and the other contract documents, represents the entire agreement and understanding between the parties, Incorporating all prior negotiations and understandings relating to the subject matter of this Agreement, whether written or oral. This Agreement shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner. The failure of Corrpro to insist on strict performance of this Agreement shall not constitute a waiver of, or estoppel against, asserting the right to require such performance in the future, nor shall a waiver or estoppel in any one Instance constitute a waiver or estoppel with respect to a later breach of a similar nature or otherwise. All rights and remedies under this Agreement are cumulative and are in addition to any other rights and remedies Corrpro may have at law or in equity. Unless the context of this Agreement clearly requires otherwise, "including" is not limiting and "or" has the inclusive meaning represented by the phrase 'and /or.' If any provision of this Agreement shall be held to bo invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. The section headings are for convenience only; they form no part of the terns and conditions and shall not affect their interpretation. This Agreement shall be bindingii on and inure to the benefit of the parties and their respective successors and assigns; however, Buyer may not assign this Agreement without the prior written consent of Corrpro. Rev. 1112012