Agreement for Engineering Services
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AGREEMENT FOR ENGINEERING SERVICES
RELATIVE TO
WAPPINGER SEWER IMPROVEMENT # 1
THIS AGREEVillNT between the Town of Wappinger ,~u~chess
County, New York, a municipal corporation hereinafter referred to as
the II Town ", and RUDOLPH E. LAPAR, Engineer, of All Ansels Hill
Road, Wappingers Falls, New York, hereinafter called the "EKGIl\"'E:R".
WHEREAS, the Town of Wappinger
all necessary sewage collection and disposal
Wappinger Sewer Improvement # 1, and
intends to cc~struct
facilities for said
WHEREAS, the construction of the proposed facilities re~uires
surveys, subsurface investigations, studies, designs, drawings,
specifications, administrative engineering and resident inspec~ion, and
WHEREAS, the Town
furnish these services, and
desires to engage the engineer to
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WHEREAS, said engineer is desirous of furnishing said servics~,
NOW, THEREFORE, the parties hereto for the consideration nsrc-
inafter named do mutually agree as follows:
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1. Duties: The engineer shall render all services and =urn~sh
all materials and equipment necessary and provide to the satis=ac~iv~
of the Town , engineering design, engineering supervisio:.,
engineering administration, and inspection services until the fi~a:
completion and acceptance of the project above de~cribed, the work
herein mentioned being more particularly described in Sched\:le "A"
which is hereto annexed and made a part hereof.
2. Qualifications for Duties, Compliances and Permits: Tne
Engineer specifically agrees that (a) his sub-contractors, agents, or
employees shall possess the experience, knowledge and character ~ecessary
to qualify them individually for the particular duties ~ney perfv.:~-
(b) he will comply with the provisions of the Labor Law and all S~a~e
Law~ and Federal and local statutes, ordinances and regulations tha~
are a?plicable to th~ performance of the agreementi and (c) he will
procure all necessary licenses and permits.
3. Enc;ineerinC" LlaD.L_. <:Y,: The Engineer shaLL ~e res?on.si~::'e
for all daillage to li~c and property j~e to activities c~ the 2nc;ineer,
his sub-contractors, agents or employees, in connectio~ wit~ his
service under this Agree..,ent. Further, it is expressly unders'cooc.c.:.':-:
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the Engineer shall indemnify and save harmless the TOvln =~c~
claims, suits, actions, damages and costs of every name and descri?~~o~
resulting from the negligent performance of the services of the
Engineer under this Agreement, and such indemnity shall not be li~i~eG
by reason of enumeration of any insurance coverage herein provided.
Negligent performance of service, within the meaning of this Article,
shall include, in addition to negligence founded upon tort, negligence
based upon the Engineer's failure to meet professional standards and
resulting in obvious or patent errors in the progression and design
of his work. Nothing in this Article or in this Agreement shall
~ create or give to third parties any claim or right of action against
the Engineer or the Town beyond such as may legally exist
irrespective of this Article or this Agreement.
4. Extra Work:
(a) If the Engineer is of the opinion that any work he has
been directed to perform is beyond the scope of this Agreement and
constitutes extra work, he shall notify the Town of that fact.
The Town shall be sole judge as to whether or not such work is in
fact beyond the scope of this Agreement and constitutes extra work. In
the event that the Town determines that such work does
constitute extra work, it shall provide extr~ compensation to the
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Engineer upon a fair and equitable basis. The Town agrees to
pay and the Engineer agrees to accept as full compensation for such
work the total wages paid to the persons engaged in this work plus 150%
plus actual disbursements for all reproductions and mileage. A
Supplement Agreement providing for such compensation f~r extra work
shall be issued by the Town to the Engineer. Such Supplement
Agreement shall be e~uted by the Engineer and be approved by the
necessary Town Officials.
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(b) The following terms are considered as Extra Work under
this Agreement ,and are to be compensated separately and over and a:Jove
the agreed amount of compensation as outlined in paragraph "9" hereof.
(1)
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Copies of reports and blue print copies
of drawings and specifications over and
above the specified number stated
elsewhere in the Agreement. ,~
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Assistance to the Town as expert
witness in any actual or theoretical
litigation with third parties, arising
from the development or construction
of the project.
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(3) If the Engineer is put to labor or del~ys
imposed on him from causes not wit~i~
his control, such as by readvertisexe~~
of bids or by delinquency or insolve~cy
of contractors.
(4) If it is necessary to prepare a detailed
design for alternative types of structures,
processes, materials or equipment in
order to obtain comparative bids from
contractors, additional compensation
shall be due for the alternates not used.
5. Availability of Site: The duly authorized inspectors or
Engineers of the Town shall have the right at all times to
investigate the work of the Engineer and/or the Contractor.
6. Assignment: The Engineer may not assign the within contract
without the written consent of the Town
7. Insurance: The Engineer shall maintain adequate Work~e~ls
Compensation and Liability Insurance and any other insurance required
by any municipal or state law. Certificates, therefore, shall be
furnished to the Town
8. Ownership of Data: It is agreed that all contract drawiDgs
and specifications, survey plots, records of subsurface investigations,
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laboratory test data and all other data gathered shall become and
remain the property of the Town
9. Payment:
under this contract
,be as fpllows:
The total payment to the Engineer for his 3ervices
as detailed in Schedule A, hereto annexed; shall
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(a) For Construction Inspection Services -~ the Engineer
shall be paid a sum equal to the aggregate of his payroll to his
employee (reading plural, if more than one) performing such on si'.::e
inspection work plus twenty per cent (20%) to cover Workmen's
Compensation Insurance, F.I.C.A., and other fringe benefit costs;
such result shall in turn be multiplied by a factor of two and one-
half (2~) to cover overhead and profit as to such inspection services.
Restated, in part, construction inspection services shall be paid by
a sum equal to: direct dollar payroll gross times one and two-tenths
(1.2) times two and one-half (2~).
(b) For all Other Engineering Services as Detailed on
Schedule A - a sum equal to six per .cent ( 6%) of the complei:2c
construction cost of the projects (not including legal fees, COSi:S
easements, if any, and costs of construction inspection services
aforesaid) .
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(c) Progress - Installment payments to the Engineer
be made as follows:
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(1) Preliminary Design Stage:
Payment in the amount of twenty per cent
,(20%) of the total' fee for services
shall be paid to the Engineer upo~ the
completion of the preliminary des~gn
stage as outlined in Schedule "A",
hereto attached. This amount shall
be based upon the Engineer's approximate
estimate of the total cost of construction.'
(2)
Detailed Design Stage:
Payment for the detailed design stage
shall be made within twenty (20) days
after the contract is awarded. Payment
at that time shall be in the amount of
forty per cent (40%) of the total fee for
services as stated in paragraph "9" above.
The amount at this stage should be based
upon the total cost of construction as per
the amount shown on the contract awarded. '
Detailed design is more particularly described'
in Schedule "A", hereto annexed.
(3) Payment of Remaining Fees:
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The balance of forty per cent (40%) of the
'fees due the Engineer shall be paid in
monthly progress payments base~ upon
the value of the construction work
- progressed by the contractor, as
determined and certified by the Town
The Town shall retain ten per cent (10%)
from each monthly progress payment
to the Engineer~ conditioned upon the
faithful performance of the terms and
conditions of this Agreement, but
fifty per cent (50%) of such retained
percentages may be released upon the
completion and acceptance of the contract,
pending the submission of the final estimate.
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(4) Final Payment:
The last and final payment to the Engineer,
including retained percentages, shall
become due and payable upon the actual
completion and acceptance of the work
under the contract and the filing by the
Eng ineer with the Town through its duly
authorized representative, of all required
records and the final construction cost of
the contract. The acceptance by the E~gineer
of the final payment shall operate as and
shall be a release to the Town , from all claims
and liability to the Engineer, his representatives
and assigns for any and all things done, furnished
for or relating to the services rendered by
the Engineer under or in connection with this
Agreement or any part thereof.
IN WITNESS WHEREOF, this Agreement has been executed by the
Town , acting by and through the Supervisor , and by the
Engineer and the Enginee~-has duly executed this Agreement on this
· llo~ day Of~'.. 1972. .----.
'. TOWN OF PP:(NGER
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STATE OF NEW YORK
SS:
COUNTY OF DUTCHESS
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On this ~~ day of~L I~ before me personally
came Louis D. Diehl to me known and known to me, who being
by me duly sworn, did depose and say that he resides in the Town
of Wappinger tha t he is the Supervisor of the Town
of Wappinger , Dutchess County, New York, a body corporate and the
corporation described in and which executed the foregoing Instrume~~;
that he knows the seal of said corporation; that the seal affixed to
said Instr~ment is such corporate seal; that it was so affixed by
Order of the Town. Board; and that he signed his name ~hereto
by like Order.
~C'l 'I' Q U ~~~\A.~^
, (NOTARY PUBLIC)
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STATE OF NEW YORK:
SS:
COUNTY OF DUTCHESS
On this .lG,~ day of ~; [CO.L " , before me
personally came RUDOLPH E. LAPAR,. to me known to bE?, the individual
described in and who exec~ted the foregoing Instrument, and acknowledged
that he executed the same.
ELAINE H. SNOWDEN
'Notary Public State of New York
ReslcHllI In ~ County
T.... ExpInI MercIa 30. 19/)
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(~OTARY PUBLIC)
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. ELAINE H. SNOwDEN
N~Pu,bllc . State of~ew York
/Resicfiria in Dutch... County
Term Expl.... March so. 19'> 3
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RUDOLPH E. LAPAR - ENGINEER
SCHEDULE A
Schedule of Work to be Performed by the Engineer
The Engineer shall faithfully perform the following services in
connection with the design and construction of the works of the Project
and shall work with due diligence and with all appropriate speed at
all times in close cooperation and conference with the Town
through its designated representative with respect to schedules. The
Engineer shall render all services and furnish all materials and equip-
ment necessary to provide the Town of wappinger with
. plans, estimates, designs and other data described herein, together
wj.th engineering supervision and inspection of the wappinger
Sewer Improvement # 1 as follows:
I. Preliminary Design: Preliminary studies, site invest-
igation, plans and specifications for borings, interpretation of existing
needs, necessary field topography surveys, preliminary sketches,
preliminary cost estimates of construction, conferences with the
Town or its duly, authorized agents, flow testing for water sources,
conferences with adjoining property owners, if necessary, perimeter
surveys, preparation of preliminary design reports and preliminary
cost estimates to the Town for approval, preparation of necessary
applications required to Federal and State agencies for approval, shall
constitute preliminary design.
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II. Detailed Design: Preparation of detailed plans and
spec~fications, cost estimates, forms of proposals and contracts,
adv~sing on awarding of contracts, location plan of proposed project,
detailed contract plans at approved scales and supporting data, which
shall include all plans, profiles and detailed designs necessary to
construct the improvement herein; separate breakdown of the estimates
of costs; copies of reports, blue-prints of design drawings and
specifications (12 each). All contract documents will be submitted
to the Town for approval by the Town attorney and/or the
attorney to the. respective improvement district and shall be prepared
to enable the Town to award construction"c9ntracts for the
construction of the Wappinger Sewer Improvement # ^l \ facilities.
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III. Supervision and Inspection: The Engineer shall
provide, to the satisfaction of the Town through its duly authorized
representative, engineering supervision and inspection services until
the completion and final acceptance of the contract, as follows:
1. (a) Check Contractor's stake out of line and
grade of contract, and such other' lines
and grades as required to complete the
construction work.
(b) Check Contractor's stake out of all
structures.
(c) Check Contractor's layouts and concrete
form work for correctness.
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(d) Check layout and supervise and inspect
all structures.
(e) Supervise and inspect the erection of all
drainage items.
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(f) Supervise and inspect the installation of
all electrical conduit and lighting
equipment.
(g) Perform the detailed inspection work and
field tests of all materials and items
of work customarily performed, in
'construction of a secondary sewer system
and a water distribution and supply system"
(h) The foregoing services by the Engineer are
to assure that the work of the Contractor
conforms to the provisions of the contr~ct
documents for the contract and the Engineer
agrees to perform these services.
2. Furnish technical consultation and advise during con-
struction, analyze, review and prepare sketches and make recommendations
to the Town to resolve field conditions encountered.
3. Review and make recommendations on any proposed changes;
preparing change orders on forms and in a manner prescribed, after
approval, by the Town .
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4.
activities.
Assist in coordinating and planning construction
Direct and administer resident technical inspection work.
5. Review contractor's progress schedule and furnish the
appropriate reports of progress; observe and report all
performance tests required by specifications.
6. Furnish a Resident Engineer during construction of the
project who will be in responsible charge.as the Engineer's representati~
in the field. Furnish such survey and inspection assistants as may be
required, but subject to the approval of the Town ; said staff to
perform the various items of work involved in Resident Technical
inspection including, but not limited to, inspection of work in progress,
direct field tests, obtain data for estimates of progress and payment,
obtain data for record plans, check layouts and make measurements for
estimates of quantity of work done under the construction contract.
Furnish engineering personnel as required by the Town for inspection
of materials at the place of manufacture and inspection of any factory
mill or laboratory tests.
7. Review preliminary and final estimates for payment
under the construction contract or contracts. All payments to the
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contractors during tpe course of work shall be certified for payment
by the Engineer.
8. The Engineer shall check and when acceptable, recommend
approval of all shop drawings and other drawings submitted by the
Contractor.
9. The Engineer shall compile and submit all reports,
monthly and final estimates and similar records. A diary shall be
kept describing the progress of the work, specific problems encountered
and all. other pertinent information relative to the execution of this
contract, which shall be given to the Town upon final completion
and acceptance of the project.
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10. .~he Engineer shall provide sufficient personnel to
adequately and completely perform the requirements herein and agree to
use all resources at his command to see that the contract completion
date is met and shall give instant attention the adequacy of the
personnel and equipment of the Contractor on the site. The Engineer
understands that time is of the essence in the Contract to be executed
for the construction of the improvement. Situations causing delay of
any kind whatsoever in the construction shall be brought to the
immediate .attention of the Town .
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IV. Revisions to Drawings and Specifications: The Engineer
will make, without expense to the Town , such revisions to the
drawings as may be required to meet the needs of the Town . However,
after definite plans and specifications have been approved by the
Town , if a decision is subsequently made by the Town , which,
for its execution, involves extra service and expense for changes or
additions to the specifications or drawings, the Engineer shall be
compensated for such extra service and expense. The fee for such
extra work will be paid as per paragraph "4" of the Agreement herein.
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V. Original Plans and "AS-Built" Plans, etc.: It is
understood that the original contract plans and documents required to
be furnished herein pursuant to Paragraph "II" above shall and will
be the property of the Town The Engineer shall also furnish
"As-Built" Plans. All "As-Built" drawings shall be prepared with
pencil on standard size sheets of paper with appropriate titles.
Construction contract plans to be turned over to the Town shall be
"sepias" on pap~r. All Computations, work plans'and final tracings
~ shall be submitted to the proper Town Official upon completion
apd acceptance of the work.
VI. Time of Completion of Design: The Engineer agrees to
complete the work as outlined in paragraph "I" and "II" (with the
exception of "AS-Built" prints) in a manner satisfactory to the
Town within 18* months after the date of the signing of
this Agreement or within such extended periods as are agreed to by
the proper Town Officials.
VII. Subsurface Investigations and Contracts, etc.: Subsurface
investigations required, including borings, soils analY$is, etc."and
work of preparing contracts." and specifications and supervisions of ,work
shall be the responsibility of the Engineer. The ,cost incurred for
borings shall be the responsibility of the Town of Wappinger and paid
for directly by the Towh.:"
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NOTE* This indicates .completion of entire project.
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