Southtowns Record

2026 Org packet

Government
Town of West Seneca
Board
Town Board
Meeting
Jan 12, 2026, 6:00 p.m.
Posted by publisher
Jan 12, 2026
Kind
Agenda packet
Topics
Public safety, Zoning and land use, Budget and taxes, Water, sewer and drainage, Parks and recreation, Roads and traffic, Audits and oversight

Original document

Same meeting

Text · page 17 of 24

Read the whole document on one page (all 24 pages, each with its own heading)

2.01  Payment Procedures

  A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing
  practices and submit the invoices to Owner on a monthly basis. Invoices are due
  and payable within 60 days of receipt. If Owner fails to make any payment due
  Engineer for services and expenses within 60 days after receipt of Engineer’s
  invoice, then the amounts due Engineer will be increased at the rate of 1.0% per
  month (or the maximum rate of interest permitted by law, if less) from said sixtieth
  day. In addition, Engineer may, after giving seven days written notice to Owner,
  suspend services under this Agreement until Engineer has been paid in full all
  amounts due for services, expenses, and other related charges. Owner waives any
  and all claims against Engineer for any such suspension. Payments will be credited
  first to interest and then to principal.

3.01  Termination

  A. The obligation to continue performance under this Agreement may be terminated:

  1. For cause,

  a. By either party upon 30 days written notice in the event of substantial
  failure by the other party to perform in accordance with the
  Agreement’s terms through no fault of the terminating party. Failure to
  pay Engineer for its services is a substantial failure to perform and a
  basis for termination.

  b. By Engineer:

  1) upon seven days written notice if Owner demands that Engineer
  furnish or perform services contrary to Engineer’s responsibilities as
  a licensed professional; or

  2) upon seven days written notice if the Engineer’s services for the
  Project are delayed for more than 90 days for reasons beyond
  Engineer’s control.

  Engineer shall have no liability to Owner because of a termination by
  Engineer under Paragraph 3.01.A.1.b.

  c. Notwithstanding the foregoing, this Agreement will not terminate as a
  result of a substantial failure under Paragraph 3.01.A.1.a if the party
  receiving such notice begins, within seven days of receipt of such
  notice, to correct its substantial failure to perform and proceeds
  diligently to cure such failure within no more than 30 days of receipt of
  notice; provided, however, that if and to the extent such substantial
  failure cannot be reasonably cured within such 30 day period, and if
  such party has diligently attempted to cure the same and thereafter

  Appendix 1, Standard Hourly Rates Schedule
  EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
  Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved.
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  Page 17 of 24