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2010-1922010-192 Resolution Authorizing the Solicitation of Bids for the Procurement of an Emergency Generator at the Town of Wappinger Highway Department At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on May 10, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilman Paoloni. WHEREAS, the Town Board initiated the process of procuring an emergency generator for the Town of Wappinger Highway Garage, as noted through Resolution 2005-164; and WHEREAS, the bids for such procurement were rejected as the appropriate bonding resolutions had yet to be adopted; and WHEREAS, there exists no further documentation to support the continuation of the procurement process; and WHEREAS, a major snow storm struck the southern Dutchess County area on or about February 25, 2010, causing the Town of Wappinger Highway Department to be without power for multiple days; and WHEREAS, after due deliberation, the Town Board has determined that it is the best interests of the function of the Highway Department and in the general interest of the residents of Wappinger to ensure services by authorizing the solicitation of bids for the procurement of an emergency generator system at the Town of Wappinger Highway Department. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes Supervisor Christopher J. Colsey and Highway Superintendent Graham Foster to solicit bids for procurement of an emergency generator system at the Town of Wappinger Highway Department in accordance with Chapter 46: Procurement Policy of the Town Code, under the advice and review of the Town Attorney and Town Engineer. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 5/10/2010 The Resolution is hereby duly declared adopted. GLO!Itt� JO#N C. MASTERSON, TOWN CLERK Page 1 of 1 Chris Colsey From: Fredrick Awino [fawino@townofwappinger.us] Sent: Tuesday, April 13, 2010 11:28 AM To: Robert Gray Cc: Chris Colsey; Graham Foster; 'aroberts@vsrp.com' Subject: RE: Highway Garage Improvements Project - as of 4/12/2010 Robert, The amount spent so far on Highway Garage Complex reconstruction Project excluding contractors retainage is $266,012. From the original amount borrowed of $400,000 leaves a balance of $133,988 (or say $120,589 available taking into account 10% for retainage and possibly other incidentals). Let me know if you have other questions. Regards Fredrick Awino Town of Wappinger 20 Middlebush Road Wappingers Falls NY 12590 Tel: 845-297-0060 Fax: 845-297-7214 -----Original Message ----- From: Robert Gray[mailto:RGray@MorrisEngineers.com] Sent: Tuesday, April 13, 2010 11:12 AM To: Fredrick Awino Cc: Chris Colsey; Graham Foster; 'aroberts@vsrp.com' Subject: Highway Garage IMprovements Frederick, The town board is contemplating going out to bid for a standby electric generator at the highway garage. We are obtaining an estimate for the town board. We believe that the amount spent for the work done at the garage to date is below the estimate and the amount authorized. Please let us know how much we can spend on the generator using the funds appropriated or authorized. Thanks, Bob 5/4/2010 Page 1 of 1 Chris Colsey From: Sent: To: Cc: Robert Gray [RGray@MorrisEngineers.com] Wednesday, April 21, 2010 12:18 PM Graham Foster Fredrick Awino; Chris Colsey; Mike Takacs; AL ROBERTS (AROBERTS@VSRP.COM) Subject: FW: Wappinger Highway Generator Graham, This estimate puts us right on the ragged edge of being able to do this within the moneys allocated. I attach a copy of Frederick's memo concerning money left over. Maybe we should get bids and only award the contract if it comes in under the allocation? Is that allowable? Costs for Morris Assoc should be necligible. Fellenzer will handle the contract admin. For his fixed fee. Bob From: Eric Fellenzer, P.E. [mailto:edf@fellp.com] Sent: Wednesday, April 21, 2010 11:56 AM To: Robert Gray Cc: Mike Takacs Subject: Wappinger Highway Generator Bob, Per Mike's request to provide an estimated construction cost for the proposed generator at the Town of Wappinger Highway Garage the following is provided: Provided that the scope is reasonably the same I would expect the bids to come in at the $120,000 to $140,000 range. Should you have any questions, please let me know. Thanks, Eric I -Ac 1), Fellenzer, RE Principal 22 Mulberry Street, Suite 2A Middletown, NY 10940 8-15.343.1481 x240 voice 845.343.4986 fax ,,Nr",- .felip.com edfiepfellp.com gff`kcs also located in Nsmgltkrepsw Int f-bri lervis Hie11111WI1141vil Irl thus e,ltrnll is ltrwrded JVr uil�f+ It r IFIr > It art . rtlt4 kl xflith It IS u3J1L- xuzl Mid nitro.cl:rlttain kxtnlidnitial wxl-kx tmo�rl,.#vd noalcnat. An 1--k.dins1'7r51iallon DI 1)t wi trw of ally wKiolldo isliumv ufvlt. Ihk ilklixaYliilioll t%, I*a Awll, of Vilkilics othcl dull chs It1iL`%lIJC'Cl 2'i;t(}IC`rtI Iv prdlihiloj md (owk be ull ats till., if i 1711 fixvi I cif. ihi i ua crrvf. plclu; vollloe( the wWlAvt mild dck-tc I llc 11MII-nall from low Vollipau-I 5/4/2010 L L COPY RESOLUTION NO. 2005-164 RESOLUTION REJECTING ALL BIDS FOR HIGHWAY GARAGE EMERGENCY GENERATOR INSTALLATION At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 2sth day of November , 2005, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: ABSENT: Supervisor Council Members Joseph Ruggiero Joseph P. Paoloni Robert L. Valdati Vincent F. Bettina Maureen McCarthy The following Resolution was introduced by Mr. Bettina Ms. McCarthy and seconded by WHEREAS, the Town Board has previously entered into a contract with Fellenzer Engineering, LLP to perform engineering services for the design of a new Emergency Electrical Generator System for the Town Highway Garage; and WHEREAS, pursuant to said contract Fellenzer designed plans and specifications for the Highway Garage Emergency Electrical Generator System; and WHEREAS, an invitation to bid was published in the Poughkeepsie Journal on September 7,2005; and WHEREAS, in consequence of the bid process, two bids were received and Pantel Contracting Corp. was determined to be the lowest responsible bidder; and O: IWappingerlTown BoardIRF•SOLUTIOMHigheay Dept - Rejecting Bids for Highway Garage Emergency Generator Installationdoc FINAL 11/23/03 WHEREAS, the Town Board has determined it is in the best interest of the residents of the Town of Wappinger to finance the installation of this emergency electrical generator system by the Town's issuance of serial bonds; and WHEREAS, the appropriate Bonding Resolutions has yet to be adopted by the Town Board; and WHEREAS, the published invitation to bid expressly reserved unto the Town Board the right to reject any and all bids and re -advertise for new bids. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the citizens of the Town of Wappinger to finance the costs of the construction and installation of the Highway Garage Emergency Electrical Generator System and the Town Board hereby intends to adopt the appropriate Bonding Resolution on or after January 1, 2006. 3. The Town Board hereby elects to reject any and all bids and re -advertise for new bids after the adoption of an appropriate Bonding Resolution. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting —Ay JOSEPH P. PAOLONI, Councilman Voting Aye ROBERT L. VALDATI, Councilman Voting Aye O: I W*pinger%Town Board lRESOLUT10MHigheay Dept - Rejecting Bids for Highway Garage Emergency Generator Insla&tion.doc FINAL 11/23/05 VINCENT F. BETTINA, Councilman Voting _XP MALMEN MCCARTHY, Councilwoman Voting Aye Dated: Wappingers Falls, New York The Resolution is hereby duly declared adopted. , 2005 n HW. JOHN C. MASTERSON, TOWN CLERK O: I Wappinger17own Board lRESOLEMOMHigheay Dept -Rejecting Bids for Highway Garage Emergency Generator Insswlkition.doc FINAL 11/23/05 • Laserfiche WebLink Page 1 of 1 Laserf ichi Browse Search :. ❑ ❑ 00 Template: Minutes Date 11/28/2005 Type RED �- -- Help Logout My WebLink 4i !I Page I' of 10 Go 0 U 4) C�* _-' RO1 % + I Pages +1 — to fj0 T—OPoVappinger > Town Clerk (Public) > Town Board Minutes > 2001-2010 > 2005 > 2005-11-28 RGM Monday, November 28. 2005 7:30 P.m, WaPpinger Town Ilall AGENDA _"tIF:NDED Call W Order Salute to F'l:rg Suspension of Rules for Public Comment on Agenda hems Rta'.eipt and Approval of Nfmutns 8 ptcml?er 26, 2005s Regular �icetsng S•'ptember 2K, 2005 Special Aleeting Ochrlu�.- 5. 2ih�5 Spe+'ial Rleeting Orl"hef LX. 2005 special Mourirta 28, Sp.cet3l 4%l e-.tiny -o-lnber 14 20ori Workshop Nov,nnhr:r 16 20o.5.Speciul Rlcetinp Correspondence Lug '005CL ;1'8 to 20'115(1::355 1lirieusions • Obe rerrok—Reese Prope.rtV—Ray Wowile • (R1'11'i Rater ('osr Analysis -Jay- PuSgi • Carnwalh Forms R(+.f Reytnration--Dnn Swartz • Perform•tnaa' Appraisals—Ronnie Trnvers • Ilivatetraq—Darvl Wo-wes RhSt.1Lt T10NS i71t� ;.fli) Resuhrrian :1rcel;ting Correr,pondenc Lsg 2005-161 Resolution Authorizing Escrnw Refund ;ar 7,1 Lescnr Roa,i Resolution Authorizing Bids for I ighwny Flusher Truck T:ink & Sander Spreaders 2011.5 16:1 Rr smut ion Accepting the First Reduction in the Security Pu=rvd for licaduwuod Subdivision, Pan.e1 1, Section 11 rt0'S'I64 Resolution Re;ecring Rid:+ for Highway Garage Generator New 11asinessXommeur, Ad)ournrnc�nt. Powered by Laserfiche WebLink version 7.0.5. Laserfiche is a registered trademark of Compulink Management Center, Inc. This copy is registered to: Town of Wappinger http://townofwappinger.selfip-com/weblink7/DocView.ast)x?id=2710 '1l)ai')ni A FPLLENZER111__LP— www.fell P .com ENGINEERING L Partners Archie D. Fellenzer Jr., P.E. Mark D. Fellenzer, P.E. John D. Fellenzer, P.E. Robert E, Curtis Jr. P.E. Eric D. Fellenzer, RE October 5, 2005 Town of Wappingers 20 Middlebush Road Wappingers, NY 12580 At ;i: Supervisor Ruggiero and Town Board Members Re: Proposed Emergency Generator Installation Highway Garage Facilities FE Project No. 05-060 Dear Mr. Ruggiero and Board Members: Please find enclosed copy of bids for the above referenced project. Two bids were received for the project. The bids are as follows: J & J Sass Electric Inc., Kingston NY at $119,000.00. Pantel Contracting Corp., Wappinger Falls, NY at $103,000.00. Both of these contractors have approved Apprenticeship programs as required by Town Law. Please find enclosed the bid received for above referenced project on September 28, 2005, at 11:00 a.m. The low bid of $103,000.00 was 3% higher than our preliminary estimate. This office believes the low bid of $103,000 is a fair price for the work specified. At this time our office recommends Pantel Contracting Corporation to be awarded the contract in the amount of $103,000.00. Should you have any questions, please advise. Sincerely, Eric D. Fellenzer, P.t Principal Encl: Bid Summary 22 Mulberry St., Suite 2A, Middletown, NY 10940 — ❑ 85 Market St., Suite 200, ❑ 32 Front St., Poughkeepsie, NY 12601 Port Jervis, NY 12771 Proposed Emergency Generator Installation Highway Garage Facilities FE Project No. 05-060 EDF/vlc cc: Joseph Paggi, P.E., Town Engineer Al Roberts, Esq., Town Attorney Graham Foster, Highway Superintendent 2 R Y y4' K . � < •`• �� , y '44 t'S"X F �, gip` '4z""'A . ARCHIE D. FELLENZER, JR, P.E. CONSULTING ENGINEERS MARK D. FELLENZER P.E. 22 MULBERRY STREET JOHN D. FELLENZFA P.E. MIDDLETOWN, NY 10940 ROBERT E CURTIS, JR, P.E. PHONE (845) 343-1481FAX: PROFESSIONAL ENGINEERS (845) 343-4986 LIC: NY, NJ PA, FL, MA, RI, VT, CT Bid Summary_ Project Name: Installation of EmerAency Generator Client: Town of Wa er Bid OpeninA Date: Soptend3er 28, 2005 1 Time: M-00 a.m. FL Pro•ect No 05-M Bidder Securitij B. Base Bid Name: Canale Electric Address: 62 Giffard Avenue Poughkeepsie, NY 12601 No bid received. Phone: 845-452-7705 Fax: $ Name: Pantel Contracting Corp. $103,000.00 Address: 125 Wedmer Road P.O. Box 358 Wappinger, Ny 12590 Phone: 845-298-8592 $ 5% of contract Fax: 845-298-8593 I Name: Sass Electric $119,000.00 Address: Grand Street Kingston, NY 12401 Phone: 845-331-8666 Fax: 845-331-3716 $ 5% Bid Bond Name: Address: i Phone: Fax: FELLENZERENGINEERINGLLP ® Middletown Office: 22 Mulberry Street, Suite 2A Middletown, NY 10940 Tel.: (845) 343-1481 Fax: (845) 343-4986 ❑ Poughkeepsie Office: 85 Market Street, Suite 200 Poughkeepsie, NY 12601 Tel.: (845) 454-9704 Fax: (845) 454-9705 Consulting Engineers ❑ Port Jer is Office: 32 Fi ont Street Port Jervis, !v'Y 12771 Tel.: (845) 856-3600 Fax: (845) 856-3734 www.fellp.com Professional Engineers fie@fellp.com Lic. NY, NJ, PA, CT,Mf,R1,VT, FL February 10, 2005 Town of Wappinger Highway Dept. 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Graham Foster, Superintendant Re: Proposed Emergency Generator Installation Highway Garage Facilities Town of Wappinger FE Project No. 05-060 Dear Mr. Foster: Thank you for this opportunity to provide Professional Engineering Services. I was able to review the billings provided by the town, which was informative and helpful in providing this proposal. This letter provides a proposal for Engineering Services for the design of a new Emergency Electrical Genes ator System for the Town Highway Garage. Based on my field investigation with you it was determined that three (3) electrical services exist. Shop # I and Shop # 2 are provided with a 120/24OV/10/200A service each, while the Pole Bann is provided with a 120/24OV/10/40A service. Per our conversation it is desired to have back-up power to the entire facility. The most economical way to provide back-up power to the facility is to combine the electrical services, Utilizing one generator, one transfer switch and one electrical service. Based on the utility billing:, and demand charges the present load on Shop # 1 is 12KW and Shop # 2 is IOKW. Pole Barn is estimated at 8KW. Total present 15 minute integrated demand is estimated at 30KW, Allowing for safety factors, starting current and growth we would recommend the installation of a 60KW emergency generator. This generator installation will require a new electrical service to be installed with a size of 120/24OV/Iph/400A. This service would provide power to the three existing buildings through a new distribution panel. The new distribution panel and automatic transfer switch will require an enclo: ure. Since your space is limited in your existing buildings, I would recommend a 10' x 10' precast building for the installation. Per your request the choice of fuel is natural gas, with the possibility of using LPG (propane) initi,.11y until natural gas is brought up to the facility. This can be done, however I would recommend that we proceed with the install of a natural gas service to the facility as part of this project and eliminate the future conversion. Based on similar projects we have bid in the past the cost of the construction for the HIGHWAY GARAGE GENERATOR INSTALLATION FE PROJECT NO. 05-060 above outlined project is in the $75,000 to $100,000 Dollar range. The estimated cost does not include excavation to be accomplished by the Highway Department. Electrical 1. Field investigation to determine existing electrical and equipment ratings and system configurations plant. 2. Calculation of electrical load for development of optimum generator size. 3. Design of a new emergency generator and transfer switch to serve the Facility. 4. Coordinate installation with Central Hudson Gas & Electric. We will provide complete plans and specifications as follows: 1. AUTOCAD 2004 graphics for all design work. 2. Written specifications using MS Word. For all the hereinbefore -outlined work we shall provide the following Engineering Services to assist in the bidding and construction phases of this project as follows: 1. Preparation of bid documents for contractor pricing. (Front-end documents by others). 2. Evaluation of bids and recommendations. 3. Shop drawing reviews, field visits, observation of construction during installation of new system and punch listing and final project closeout. 4. Site meeting included in this proposal shall be limited to four (4). Additional site representation requested by the owner will be billed as additional costs per our standard per diem rates. Engineering construction phase exclusions shall be as follows: 1. Construction management (CM) 2. Coordination of trades 3. Construction cost accounting 4. Any DEC, EPA, Regulatory Approvals Engineering fees for these items can be provided at additional cost per our standard per diem rates. Engineering fees for the project including expenses shall be as follows: Electrical Plans & Specifications ............................................... . $7,500.00 .. ......................................... Bid Evaluations, Shop Drawing Review, Observation of Construction, Punch List .....................$1,400.00 TotalDesign Fee...........................................................................................................................$8,900.00 Drawings to be prepared on Mylar tracing media, ready for printing. Specifications to be written form on 8-'/2" x 11 " copy. All graphics to be AUTOCAD. Major changes in plans after completion, as required by owner, to be made at our standard per diem rates in addition to regular fees (See attached schedule). All printing shall be at additional charges at standard per unit costs Page 2 HIGHWAY GARAGE GENERATOR INSTALLATION FE PROJECT NO. 05-060 Payment to be as follows: At 65% completion of construction documents .............................................. .$3,700.00 .............................. At 00% completion of bid documents......................................................................... $3,800.00 ................ At completion of construction period services..............................................................................$1,400.00 Total Contract..............................................................................................................................$8,900.00 Payments to be made within thirty (30) days from rendering statement. Thank you for this opportunity to assist you. Please sign one (1) copy of this letter/contract and return it to this office, keeping the other for your files. Very truly yours, Eric D. Fellen er, P.E. Principal z-/ zs /o S -- Date EDF/vlc Graham Foster, Superintendent Town of Wappinger Date CC: Honorable Joseph Ruggiero, Supervisor Page 3 F=ELLF=N- ZER III www.fellp_com ENGINEERING LLP Partners Archie D. Fellenzer Jr., P.E. Mark D. Fellenzer, P.E. John D. Fellenzer, P.E. Robert E. Curtis Jr. P.E. Eric D. Fellenzer, P.E. 2005 STANDARD ENGINEERING FEE SCHEDULE EFFECTIVE JANUARY 1, 2005 TO DECEMBER 31, 2005 CATEGORY/HOURLY RATE Principal Engineer (P.E.)..................................................................$128.00 ProjectEngineer(P.E.)......................................................................$115.00 SeniorEngineer.................................................................................$ 98.00 Engineer............................................................................................$ 80.00 ProjectManager................................................................................$ 96.00 SeniorDesigner.................................................................................$ 88.00 Designer............................................................................................$ 76.00 CADDesigner...................................................................................$ 68.00 CADOperator...................................................................................$ 62.00 Administrative Support .....................................................................$ 58.00 EXPENSES Auto Travel ..................................... $0.40.5 per mile, plus tolls & parking Hotel, air travel, meals, etc .........................................................Cost + 10% UPS, Federal Express Charges ....................................................Cost + 10% PRINTING Paper B&W Plot/Copy .......................................................$0.50/square foot Paper Color Plot.................................................................$0.60/square foot Vellum B&W Plot..............................................................$1.15/square foot Mylar B&W Plot ....................................... $3.25/square foot ......................... Photocopies (8-1/2" x 11")........................................................... $0.18/page Expenses not listed above, and incurred on behalf of the client, shall be invoiced at 1.10 times the expense. TERMS AND CONDITIONS • Refer to contract for applicability of these itemized charges. • Payment for invoiced services is due upon receipt. • A service charge of 1.5% on account balances not paid within 30 days after rendering of statement will be charged. • Accounts, which are delinquent, will be notified and work will stop after 60 days. Accounts 90 days past due will be referred for collection. • A retainer is required on new accounts and as indicated in the contract. • The retainer will be applied to the final invoice of an account. ❑ 22 Mulberry St., Suite 2A, ❑ 85 Market St., Suite 200, ❑ 32 Front St., Middletown, NY 10940 Poughkeepsie, NY 12601 Port Jervis, NY 12771 t 845-343-1481 • fx 845-343-4986 t 845-454-9704 • fx 845-454-9705 t 845-856-3600 • fx 845-856-3734 Fellenzer Engineering, LLP General Terms And Conditions Of Agreement The engagement of Fellenzer Engineering, LLP (FE) by client is under the following terms and conditions and is an integral part of the collective agreement between client and FE. A. GENERAL 1. The fee estimate for the proposed scope of services is valid for 60 days from the date of proposal. Upon authorization to proceed, the fee rates.shall remain in effect for a period of one(I)year. FE reserves the right to revoke the fee estimate by giving notice thereof to the client. 2. Payment to FE is the sole responsibility of signatory of this agreement and is not subject to third party agreement. 3. All schedules set forth in the attached scope of services commence upon receipt of a signed agreement and, if requested, a retainer. All retainer amounts will be applied to the final invoice. FE reserves the right to require the client to pay an advance retainer before continuing with any work on the project. 4. FE reserves the right to require written authorization from the client before commencing any work on any additional services. Any fee adjustment required shall be established at that time. 5. All drawings, specifications, calculations, notes and other original documents as instruments of service are and shall remain the property of FE unless otherwise provided by law or noted above. Client shall not use such items on other projects without FE's prior written consent. FE shall not release client's data without authorization. 6. Any delay, default, or termination in or of the performance of any obligation of FE under this agreement caused directly or indirectly by strikes, accidents, acts of God, shortage or unavailability of labor, materials, power or transportation through normal commercial channels, failure of client or client's agents to furnish information or to approve or disapprove FE's work promptly, late, slow or faulty performance and/or payment by client, other contractors or government agencies, the performance of whose work is precedent to or concurrent with the performance of FE's work, or any other acts of the client of any other Federal, State, or local government agency, or any other cause beyond FE's reasonable control, shall not be deemed a breach of this agreement. The occurrence of any such event shall suspend the obligations of FE as long as performance is delayed or prevented thereby, and the fees due thereunder shall be equitably adjusted. The obligation to provide further services under this agreement may be terminated by either party upon seven (7) days written notice. In the event of any termination, FE shall be paid for all services rendered to the date of termination, as well as for all reimbursable expenses and termination expenses. Until FE is paid in full all sums due it, FE shall not be obligated to turn over to client any of its work product, including drawings, specifications, calculations, notes and other documents generated by FE. It is understood that the scope of work defined in this agreement is based on the information provided by the client. If this information is incomplete or inaccurate, or if unexpected site conditions are discovered, or if additional services are required, the scope of work may change even as the work is in progress. FE shall make reasonable effort to contact the client when a change in the scope of work appears necessary, and the client, by agreeing to the change, also recognizes that the estimate of cost or contract figure may also change. 9. Unless otherwise agreed in writing, the client will furnish FE with right-of—way access to the site and structure(s) in order to conduct the planned exploration or field services. FE shall take reasonable precautions to minimize damage to the site and structure(s) due to its operations, but has not included in the fee the cost of restoration of any damage resulting from the operations. If the client provides a written request, FE will restore any damage to the site and/or structure(s) and add cost of restoration to the fee. 10. Record drawings, if requested by client, shall be prepared at additional cost based on information provided by the installing contractor(s). FE will not be responsible for the accuracy of this information, nor for any errors or omissions which may appear in the record drawings as a result. 11. FE shall have no responsibility for the discovery, presence, or removal of any hazardous material on the project site, however, these services can be provided at additional cost if requested by the client. 12. If any provision of this Agreement shall be prohibited or found invalid under applicable law, it shall be deemed modified to conform to the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other such provision in this agreement being prohibited or invalid. 13. This contract is the entire agreement and replaces all previous representations. B. INVOICING AND PAYMENT 1. Invoices will be rendered monthly and become due upon receipt. Any invoice outstanding for more than 30 days after date of invoice will be subject to a charge of one (1.5) percent per month (18 percent annual interest rate). 2. Should it become necessary to utilize legal or other resources to collect any or all moneys rightfully due for services rendered under this agreement, FE shall be entitled to full reimbursement of all such costs, including reasonable attorney's fees, as part of this agreement. 3. Invoice payments must be kept current for the work to continue. If the client fails to pay any invoice due to FE within 60 days of the date of invoice, FE may, without waiving any other claim or right against Client suspend services under this agreement until FE has been paid in full all amounts due FE and / or any of its consultants and subcontractors. 4. Invoicing for out-of-pocket expenses including copying, travel, and overnight mailing shall be billed as per the attached rate sheet. 5. Services not indicated and which are subsequently requested, either verbally or in writing, will be considered additional services. The fee will be based upon either a mutually agreed fixed fee or on an hourly basis at rates in effect the time the services are performed, plus reimbursable expenses as previously defined. C. WARRANTIES AND LIMITATIONS OF PROFESSIONAL LIABILITY 1. FE agrees to carry the following insurance during the term of this agreement: Workmen's Compensation, General Liability, Professional Liability and Comprehensive Automobile Liability. Certificates of insurance will be furnished upon request. If the client requires insurance coverage or limits in excess of FE's normal policies, and it is available, client agrees to reimburse FE for such additional expense. The client shall at all times indemnify and save harmless FE and its officers, agents and employees on account of any claims, damages, losses, litigation, expenses, counsel fees, and compensation arising out of any claims, damages, personal injuries, property losses and/or economic damages sustained by or alleged to have been sustained by any person or entity, to the extent caused by negligent acts, omissions or negligence of the client, its agents, employees, professional consultants or subcontractors in connection with this project unless said loss was caused solely by FE's own negligence. For any such damage on account of any error, omission, or other professional negligence, FE's liability will be limited to the amount equal to the total engineering fee on this project as set forth in the project's contract. If, due to FE error, any required item or component of the project is omitted from the construction documents, FE shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value or betterment to the project. In no event shall FE be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project. 4. For projects involving work on existing buildings, some assumptions may be made regarding existing systems and conditions, some of which may be concealed by existing materials or cannot be investigated by reasonable visual observations. It is understood that these assumptions cannot be verified without damaging or destroying existing construction materials, which is outside the scope of our professional services. 5. For inspection and report / study projects, it is understood that only conditions that are both present and apparent at the time of the site visit are covered and that the report is not a guarantee or warranty. 6. FE shall not be liable to any person that is not a party to the written agreement as to any statement, representation, and/or calculation set forth in the drawings, specifications, calculations, notes and other documents generated by FE. D. CONSTRUCTION SUPPORT SERVICES It should be understood that the presence of FE's field representative shall be for the purpose of providing observation of the construction work. Under no circumstances is it FE's intent to directly control or supervise the physical activities of the contractor's workmen to accomplish the work on this project. FE's observation of the work will not relieve the contractor of his responsibility to complete the project in accordance with the contract plans and specifications. The presence of FE's field representative at the site is to provide the client with a continuing source of information based upon the field representative's observations of the contractor's work, but does not include any superintending, supervision, or direction of the actual work of the contractor or the contractor's workmen. It is understood that FE shall not be responsible for job or site safety on the project. Such services shall be performed by FE using that degree of care and skill ordinarily exercised under similar circumstances by reputable members of the profession practicing in this or similar locations. The client agrees to supply FE with specifications, plans and other necessary materials for the project pertinent to providing the services. Any estimate prepared by FE of the probable construction cost of the project or any part thereof is not to be construed nor is it intended, as guarantee of the actual contracted cost. E. GUARANTEE Client hereby jointly and severally guarantees payment to FE of sums now due and hereinafter to become due FE pursuant to the terms of the within Agreement, the indemnification and held harmless provisions hereof, and mortifications hereto, and any additional work performed by FE, all of which client shall be liable for regardless of whether client receives any notice from FE with respect thereto. Client further waives diligence on the part of FE in the collection of any such indebtedness, and agrees that FE shall be under no obligation to notify client of the acceptance of the guaranty or of any credit extended on the face of this guaranty, or of any renewals, releases or extensions of any indebtedness client guarantees FE shall have the privilege of granting such renewals and extensions as it may deem proper. Client further expressly waives notice of nonpayment, protest, and notice of protest with respect to the indebtedness covered by this guaranty. Client further agrees to be liable to FE for any and all of its costs in collecting any sums due it from client, including the payment of their attorneys fees, which amounts made be demanded and collected from me in advance and on any on-going basis. VENUE: The agreement is to be performed at the Offices of FE in the County of Orange, State of New York, and any suit on this Agreement and any Guaranty given hereunder or for any breach hereof shall be brought and prosecuted in the courts of that county. The foregoing terms and conditions supercede any other terms and conditions set forth in any other document exchanged between the parties hereto.