HomeMy WebLinkAboutContract #: 1591 - From: 03-06-2023 To: 09-30-2023 - Weston and Sampson - WTP CONTRACT NO. SR
VENDOR NO. 2984
CONTRACT FOR ENGINEERING SERVICES WITH THE TOWN OF NORTH ANDOVER
This CONTRACT made and entered into on — day of February, 2023, by and between Weston &
Sampson Engineers, Inc., a Massachusetts corporation with a usual place of business at 55
Walkers Brook Drive, Suite 100, Reading MA 01867, "ENGINEER"and the Town of North Andover
(the "TOWN'} a municipal TOWN duly established by law and located at 120 Main Street, North
Andover, Essex County, in the Commonwealth of Massachusetts.
WHEREAS, the TOWN sought a priced proposal for professional Engineering services for to provide
engineering services for the Town of North Andover (the Town) to assist with the Ozone Pipe Leak
Investigation Project(the Project),.
WHEREAS, the ENGINEER represents that it is duly qualified in this field, and has agreed to perform
such services for the TOWN.
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
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The ENGINEER will complete Ozone Pipe Leak Investigation Project as set forth in the
ENGINEER's proposal and current fee schedule, attached as Exhibit A. This Contract will commence
upon execution and terminate on September 30, 2023. Time is of the essence for this Contract. Any
extensions of time must be in writing and are at the sole discretion of the TOWN.
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The Priced Proposal, all required Certifications, and all Insurance Binders are incorporated herein
and made part of this Contract.
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Total payment under this Contract shall not exceed the sum of $24,600.00. This Contract is
expressly subject to and contingent upon an appropriation of funds.
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The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an
invoice, so long as all services provided are sufficiently detailed in the invoice, and that the invoice
has filed with the contracting department. Any payment under this Contract shall not constitute
or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN
may have against the ENGINEER for breach of this Contract.
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The ENGINEER agrees that no obligation shall be considered to have incurred under this
CONTRACT unless and until a purchase order shall have been duly issued and approved.
And further, that the obligation incurred shall be limited to the amount set forth in purchase
order or purchase orders duly issued and approved.
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Such services under this Contract will be performed as expeditiously as possible in a manner
under the supervision of, and to the satisfaction of the Department Head in the TOWN, The
ENGINEER states that it is qualified, and is in all relevant aspects,in good standing.The ENGINEER
certifies that performance under this Contract will meet ethical business standards and good
stewardship of taxpayer and public funding to prevent waste or abuse.
The ENGINEER shall commence work promptly upon execution of this Agreement and shall
prosecute and complete the work regularly, diligently, and uninterruptedly at such a rate as will
ensure completion in a timely manner.
The ENGINEER shall use their skills and attention, which shall not be less than such state of skill
and attention generally rendered by the ENGINEER/design professional for projects similar to this
Project in scope, difficulty and location. Consistent with the referenced standard of care, the
ENGINEER shall be responsible forthe professional and technical accuracy for all work or services
furnished by him or his consultants and subcontractors. The ENGINEER shall perform his work
under this Agreement in such a competent and professional manner that detail checking and
reviewing by the TOWN shall not be necessary.
All consultants must be registered and licensed in their respective disciplines if registration and
licensor are required under the applicable provisions of Massachusetts law. The ENGINEER and
all consultants and subcontractors shall conform their work and services to any guidelines,
standards and regulations of any governmental authority applicable to the type of work or
services covered by this Agreement. Neither the TOWN`s review, approval or acceptance of any
of the work or services performed shall be construed to operate as a waiver of any rights under
the Agreement or any cause of action arising out of the performance of the Agreement.
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The ENGINEER shall produce One (1) reproducible copy of all drawings, plans, specifications and
other documents prepared by the ENGINEER which shall become the property of the TOWN upon
payment in full therefor to the ENGINEER. Ownership of stamped drawings and specifications
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shall not include the ENGINEER's certification or stamp. Any re-use of such documents without
the ENGINEER's written verification of suitability for the specific purpose intended shall be
without liability or legal exposure to the ENGINEER or to the ENGINEER's independent
professional associates, subcontractors or consultants. Distribution or submission to meet
official regulatory requirements or for other purposes in connection with the Project is not to be
construed as an act in derogation of the ENGINEER's rights under this Agreement.
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The TOWN shall furnish to the ENGINEER available surveys, data and documents relating to the
area which is the subject of the Scope of Work. All such information, including that relating to
subsurface and other conditions, natural phenomena,existing pipes, and other structures is from
the best sources at present available to the TOWN. All such information is furnished only for the
information and convenience of the ENGINEER and is not guaranteed. It is agreed and
understood that the TOWN does not warrant or guarantee that the subsurface or other
conditions, natural phenomena, existing pipes, or other structures will be the same as those
indicated in the information furnished, and the ENGINEER must satisfy himself as to the
correctness of such information. If, in the opinion of the ENGINEER, such information is
inadequate,the ENGINEER may request the TOWN's approval to verify such information through
the use of consultants or additional exploration. In no case shall the ENGINEER commence such
work without the TOWN's prior written consent. Such work shall be compensated as agreed
upon by TOWN and ENGINEER.
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The ENGINEER shall give its personal attention constantly to the faithful performance of the work
and shall keep the same under its personal control and shall not assign nor sublet the work or
any part thereof without the previous written consent of the TOWN and shall not, either legally
or equitably, assign any of the monies payable under this Agreement or its claim thereto unless
by and with the written consent of the TOWN.
The ENGINEER shall not assign or delegate, in whole or in part or otherwise transfer any liability,
responsibility,obligation,duty or interest under this Contract without the written approval of the
TOWN.
Any authorized subcontract entered into by the ENGINEER for the purposes of fulfilling the
obligations under this Contract must shall be consistent with and subject to the provisions of this
Contract. Subcontracts will not relieve or discharge the ENGINEER from any duty, obligation,
responsibility or liability arising under this Contract. The TOWN is entitled to copies of all
subcontracts and shall not be bound by any provisions contained in a subcontract to which it is
not a party.
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The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person, and in full
conformity with MGL c.268A. As used in this certification, the word "person" shall mean any
natural person,business, partnership,corporation, union,committee, club or other organization,
entity, or group of individuals.
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It is further agreed by the ENGINEER that, in the event the TOWN is sued in a court of law or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
ENGINEER'S performance or non-performance of this Contract, then the ENGINEER, without
reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out
of the ENGINEER'S performance or non-performance of the Agreement.
To the full extent permitted by law, no official, employee, agent or representative of the TOWN
of North Andover shall be individually or personally liable on any obligation of the TOWN under
this Contract.
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It is further agreed that the TOWN may terminate this Agreement without cause, upon fourteen
(14) days' written notice to the other party, sent by certified mail,to the usual place of business
of the other party. The TOWN may also terminate this Agreement at any time for cause.To the
full extent permitted by law, no official, employee, agent, or representative of the TOWN shall
be individually or personally liable on any obligation of the TOWN under this contract.
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It is understood and agreed by the TOWN and the ENGINEER that a Contract Performance Record
Form must be completed on this contract by the Department Head or his designee who is
supervising this contract,and such Contract Performance Record Form must be submitted to the
TOWN Manager, TOWN Accountant, and Purchasing Agent prior to release of final payment
under this contract. If requested by the ENGINEER a copy of the Contract Performance Record
Form shall be furnished to the ENGINEER.
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The ENGINEER certifies that any and all taxes and municipal fees due and owing to the TOWN of
North Andover have been paid in full.
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This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state, and
local, which are applicable to this contract, and services provided to a public entity; and it is
presumed that the ENGINEER is cognizant thereof. Any and all proceedings or actions relating to
the subject matter herein shall be brought and maintained in the courts of the Commonwealth,
which shall have exclusive jurisdiction thereof.This paragraph shall not be construed to limit any
other legal rights of the parties.
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The ENGINEER shall at all times during the Contract maintain in full force and effect Employer's
Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage Insurance,
including contractual liability coverage. All insurance shall be for policy limits acceptable to the
TOWN;all required insurance shall be certified by a duly authorized representative of the insurers
on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of
this agreement);and before commencement of work hereunder the ENGINEER agrees to furnish
the TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. The
certificates shall contain the following express obligations: "In the event of cancellation or
material change in a policy affecting the certificate holder, thirty (30) days prior written notice
will be given the certificate holder. Where notice is not provided by ENGINEER's insurer, the
notice will be provided by the ENGINEER." The TOWN shall be named as an additional insured
under each policy or policies, except Workers' Compensation.
For the purpose of the Contract,the ENGINEER shall carry the following types of insurance in at
least the limits specified below.
• Workers' Compensation—the required statutory amount
• Employer's Liability—$500,000
• Bodily Injury& Property Damage Liability Except Automobile—$500,000
• Automobile Bodily Injury& Property Damage Liability—$1,000,000 combined single limit
for each accident.
• Excess Umbrella Liability—$5,000,000 for each occurrence
The coverage shall be in force from the time of the agreement to the date when all the
construction work for the Project is completed and accepted by the TOWN.If,however,the policy
is a claims made policy, it shall remain in force for a period of six(6)years after completion.
-17-
The ENGINEER will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151B (Law Against Discrimination) and
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any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended.
The ENGINEER shall comply with all federal and state laws, rules and regulations promoting fair
employment practices or prohibiting employment discrimination and unfair labor practices and
shall not discriminate in the hiring of any applicant for employment nor shall any qualified
employee be demoted,discharged or otherwise subject to discrimination in the tenure, position,
promotional opportunities, wages, benefits or terms and conditions of their employment
because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual
orientation or for exercising any rights afforded by law.
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The ENGINEER will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151, §1, et seq. (Minimum Wage Law)
and any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended. If applicable, the ENGINEER will at
all times comply with the wage rates as determined by the Commissioner of the Department of
Labor and Industries, under the provisions of General Laws c149, §§26 to 27D (Prevailing Wage
Law), as shall be in force and as amended. The ENGINEER will, in addition to any other
submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the TOWN
with the information described in General Laws c149,§278.
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At any time during normal business hours, and as often as the TOWN may deem it reasonably
necessary, there shall be available in the office of the ENGINEER for the purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
-20-
This instrument, together with its endorsed supplements, and the other components of the
contract documents, constitutes the entire contract between the parties, with no agreements
other than those incorporated herein.Any Amendments to this Contract must be made in writing
and executed by all signatories to the original Contract, prior to the effective date of the
amendment.
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Any notice permitted or required under the provisions of this Contract to be given or served by
either of the parties hereto upon the other party hereto shall be in writing and signed in the name
or on the behalf of the party giving or serving the same. Notice shall be deemed to have been
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received at the time of actual service or three (3) business days after the date of a certified or
registered mailing properly addressed. Notice to the ENGINEER shall be deemed sufficient if sent
to the address set forth in the Contract and to the TOWN of North Andover by being sent to the
TOWN Manager,TOWN Hall, 120 Main Street, North Andover, Massachusetts 01845.
IN WITNESS WHEREOF the parties have hereto and to one other identical instrument set forth their
hands the day and year first above written.
THE TOWN THE ENGINEER
' �n` r': Weston &Sampson Engineers, Inc.
Department Head Name of Firm
Date: ��"���b'� Date: 3/6/2023
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Melissa Murphy-Rodrigues by:Tara E. McManus, PE
TOWN Manager Senior Associate
Date: Date: 3/6/2023
Federal Identification
No.: 04-2601194
APPROVED AS TO FORM:
Christine P. O'Connor,TOWN Counsel
Date
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CERTIFICATION AS TO AVAILABILITY OF FUNDS:
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Lyne Sav e, TOWN Accou t nt
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DateJ�
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CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that our bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean natural person, business, partnership, corporation,
committee, union, club or other organization, entity,or group of individuals.
Signature Date 3/6/2023
Tara E. McManus, PE
SeniorAssoclate Weston &Sampson Engineers, Inc.
Print Name &Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
Tara E. McManus, PE , authorized signatory for Weston &Sampson Engineers, Inc.
Name of Individual Name of ENGINEER
'f do hereby certify underthe pains and penalties of perjury that said ENGINEER has complied with
all laws of the Commonwealth of Massachusetts, and the TOWN of North Andover, relating to
taxes, permit or other fees, reporting of employees and ENGINEERS, and withholding and
I remitting child support.
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14etd.4 3/6/2023
Signature Date
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Weston
55 VA*wo ftook Drive,Sift 100,ResdbV,MA 01087
Tat 970.&V 1900
Clerks Certificate of Vote
The undersigned,Clerk of Weston&Sampson Engineers,Inc.,hereby certifies that at a meeting duly called In accordance with
the by-laws,the Board of Directors unanimously passed the folkrwing resolution on December 15,2022.
VOTED: To authorize
Jeffrey J.Alberti Francis M.Ricciardi
acting Individually,to execute and deliver on behalf of the Corporation,contracts for Professional Services which are In the
ordinary course of the Corporation's business,not Including contracts exceeding$5,000,000,during the fiscal year 2023.
VOTED: To authorize
Prasanta K Bhunia Kipling R.Gearhart Margaret A.McCarthy Ched F.Ruane
Pompeo Casale Robert A.Goober George D.Naslas Michael J.Sciplone
Barbara K.Cook Robert L.Homer Frank E.Occh"I Leah E.Stanton
David M.Elmer Hillary M.Lacirignola Christopher M.Perkins Daniel G.Tenney III
John A.Figureill Colleen Manning KIm Plourde Patrick A.Terden
Donald G.Gallucci Blake A.Martin Ede T.Reitter Christopher B.Wester
acting Wlvldually,to execute and deliver on behalf of the Corporation,contracts for Professional Services which are In the
ordinary course of the Corporation's business,not Including contracts exceeding$3,000,000,52Ln2 the fiscal year 2023.
VOTED: To authorize
S.Roger Alcott Rob F.Good,Jr. Brian J.McCormack Paul V.UzgIds
Daniel P.Biggs Michael D.Kastanotis Nathan E.Michael Stephen P.WWw
Robed J.Bukawsk! Peter J.KolokAhas Steven K.Pedersen Anthorry Zedill
Patrick M.Cotton Kevin A MacKinnon Daniel E.Sheehan Joseph M.Zongol
Reed M.EL-Farhan Jeffrey W.McClure John M.Sykora
James R.Fair Tara E.McManus Robert G.Tedeachi
acting Individually,to execute and deliver on behalf of the Corporation,contracts for Professional Services which are In the
ordinary course of the Corporation's business,not Including contracts exceeding$500,000,during the fiscal year 2023.
VOTED:To authorize
Scott R.Bruso Tulin H.Fuseller William T.Keefer Meghan E.Moody
Robert Bukowsld Indraril Ghosh Kara D.Keleher Jaudce A.Schwartz
Timothy P.Corrigan Paul Greco Christopher S. Kennedy Steven D,Shaw
Sarah R.DeStefaw Johanna D.Hall Brandon M.Kunkel Michael A.Smith
Jule A.Eaton Ernst Kevin S.Hutchens Paul A.McKWay Cad W.Stons
Laurie R.Toscano
acting Individually,to execute and deliver on behalf of the Corporation, contracts for Professional Services which are In the
ordinary course of the Corporation's business,not Including contracts exceeding$100,000 during the fiscal year 2023.
The undersigned further certifies that the above vote has not been amended or rescinded and remains In full force and effect
as of the date set forth below.
MEAL I
IIIIIII/11111® 3/6/2023
Chir`ilslophdV.PerkinY,PE,Clerk
westonandsompsonmn
Weston Q Sarrpsio 6
January 31,2023 56 Walkers Mook 06m,SuRe 100,Re aft,MA 01887
Tek 070A32.1900
Mr, In Aft
Superintendent
North Andover WTP/DPW
420 Great Pond Road
North Andover,MA 01845
Re: Engineering Services—Ozone Pipe Leak Investigation
Dear Mr.Alt:
As requested,Weston&Sampson,Engineers,Inc.(Weston&Sampson)proposes to provide engineering services
for the Town of North Andover fthe Tawn)to assist with the Ozone Pipe Leak Investigation Project(the Project),as
described herein,
SQQN QE§ERVICO
The following shall be performed by Weston&Sampson throughout the Project,
0 or , coordinate and contract Wth CorrTech to complete the tasks outlined in CorrTech's proposal
(attached).
0 Meet ConTech onsite for one (1) site visit to oversee ozone pipe inspection and provide updates to the
Town.
0 Work,coordinate and contract with Process Applications,Inc.to review CorrTech information and findings,
and present findings and recommendations In a technical memorandum to the Town.
SCHEDULE
Weston & Sampson agrees to provide services for estimated duration of work as included under the Scope of
Services,starting immediately upon receipt of notice to proceed and concluding by April 1,2023.
ENGINEERING Eff
For services performed the To agrees to pay Weston&Sampson the lump sum fee of$24,600.00. Fees Linder
this letter agreement shall be billed monthly as charges accrue for the services performed as a percentage of the
lump sum.The Town agrees to make payment to Weston&Sampson within thirty(30)days of the invoice date,
It you agree Win this proposal and wish to retain us to provide the proposed services, please sign and return one
copy of this proposal to us as authorization to proceed vAth performance of the services.
We are pleased to submit this offering and look forward to working with you on this project.Please feel free to call
me at 978-573-4024 H you have any questions or concerns.
Sincerely,
ACCEPTED FOR:
WESTON&SAMPSON ENGINEERS,INC. Tom of North Andover,Massachusetts
Tara E.McManus, PE Gen Aft Date
Senior Associate/Senlor Team Leader WTP Superintendent
Enclosures—Corr-Tech Proposal
PAMAftrth Andamr MA\G&walV'ropomM0zone \Lefter ProposeADoex
wationanduam;won.com
CORRTECH
CORROSION UNDERSTOOD
January 12, 2023
Ben Rollins
Weston&Sampson
55 Walkers Brook Dr., Suite 100
Reading, MA01867
Re: North Andover WTP Stainless Steel Pipe Corrosion Investigation
CorrTech#E 16254
Dear Ben:
CorrTech Inc. is pleased to provide the following scope of services for a corrosion assessment
study of stainless steel piping corrosion at the North Andover WTP.
CorrTech would make one (1)site visit to inspect pipe and collect information:
In-service visual inspection of the pipes in place and any removed sections
Review of water treatment chemistry and service history
• Cursory Dye Penetrant testing of the pipe sections at welds.
• Collection of water samples to be tested for chloridetfree chlorine concentrations, pH, and
C resistivity/conductivity . Resisfivity/Corrosivity
Testing Water res' tivity/corrosivity will be evaluated using the following:
Resistivity(Ohm-Cm) Corrosivity
below 500 Very Corrosive
500 to 1,000 Severely Corrosive
1,000 to 2,000 Moderately Corrosive
2,000 to 10,000 Mildly Corrosive
Above 10,000 Progressively Less Corrosive
Chloride Ion Concentration Chloride ions can facilitate the corrosion process. Concentrations
greater than 200 ppm should be considered corrosive to stainless steel.
Samples of the pipes that have shown failures would be collected. Sections would be cut from the
failed pieces through the weld failure locations. Sample coupons would be sent to the analytical
laboratory to assess the metallurgical variation in the stainless pipe,the weld material and
corrosion products.
Dye penetrant testing (PT)will be conducted on the pipe sections where failures are present and
where not present.The PT testing will detect the presence of surface cracking on and near the
welds. The leaks seen may be failures In the welds due to cracking and not corrosion.
Final Report CorrTech will provide a final report presenting water chemistry data, Metallurgical,
Dye Penetrant Testing and all other field findings.
www.corrtech-inc.com - (888)842-3944 a Offices in CT,MA,MD,NY
W&S N.Andover WTP
SS Pipe corrosion Study
Corr7ech#16264
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Conclusions and recommendations regarding the condition of the pipe factors contributing to
corrosion of the structure will be provided in the final report.
Fee Schedule
The following fee schedule is presented for this ro osal:
Activity Cost
Review Historical Corrosion History $1,900.00 Lump Sum
Site visit to inspect pipes and collect water $2,754.00 Lump sum
samples for laboratory testing
Metallurgical Analysis (cost plus 15%) $4,200.00 estimated
Water analysis, assumes three (3)water $1,200.00 Estimated
samples for testing
Data tabulation and final report $3,924.00 Lump sum
TOTAL $13,978.00 Lump sum
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Our Standard Terms and Conditions will apply to this project. This proposal is valid for 60-days.
This proposal is valid for sixty (60) days from the date set forth above. CorrTech's
payment terms are upon receipt of invoice.
CorrTech's attached Standard Terms and Conditions will apply to this project. By
providing your duly authorized signature below, you agree that the parties relationship, and
the services to be provided, under this proposal shall be subject solely to CorrTech's
Standard Terms and Conditions, and that any terms and conditions on your purchase
order or other form that may vary from, conflict with, or purport to add to or modify,
CorrTech's Standard Terms and Conditions shall not apply, even though such form may
state otherwise. CorrTech hereby objects in advance to all such competing terms and
conditions.
Please review the attached Standard Terms and Conditions carefully, and let us know if
you have any questions about them. If the scope of services, terms and conditions, and
fee described herein is acceptable, then please indicate your acceptance by signing below
and returning one original to our office.
W&S N.Andover WTP
SS Pipe corrosion Study
CorrTech#16264
Page 3
Written authorization is needed before work can be scheduled.
Very truly yours,
Ted Lund, Technical Director