requirements contracts for engineering design and related services ...

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Section 12.05 No Claim Against Officers, Agents or Employees……………………...….…23 Section 12.06 General Release……………………………………………………………...…24 Section 12.07 No Waiver………………………………………………………..…………...…24 ARTICLE 13 - APPLICABLE LAWS Section 13.01 PPB Rules…………………………………………………………..…….…..…24 Section 13.02 All Legal Provisions Deemed Included…………………………..………..…..24 Section 13.03 Severability / Unlawful Provisions Deemed Stricken………..……..………...24 Section 13.04 Compliance With Laws………………………………………………...………24 Section 13.05 Americans with Disabilities Act (ADA)………………………………....….…24 Section 13.06 Not Used …………………………………………………………………..….…25 Section 13.07 Participation in an International Boycott……………………………….……25 Section 13.08 MacBride Principles………………………………………………………...….25 Section 13.09 Not Used…………………………………………………….…………………..25 Section 13.10 Not Used……………………………………………………………..………….25 ARTICLE 14 - MISCELLANEOUS PROVISIONS Section 14.01 Conditions Precedent……...…………………………………………………...25 Section 14.02 Merger…………………...……………………………………….……………..25 Section 14.03 Headings………………..……………………………………………………….25 Section 14.04 Notice………………………………………………………..…………………..26 Section 14.05 Monies Withheld…………………………………………………………….…26 Section 14.06 Whistleblower Expansion Act Rider………………………………………….26 AFFIRMATION………………………………………………………...……………………...28 CERTIFICATION BY BROKER………………………………………...……………..…....29 Appendix A (Architects and Engineers) September 2012 Final iv
Appendix A (Architects and Engineers) September 2012 Final APPENDIX A GENERAL PROVISIONS GOVERNING CONTRACTS FOR CONSULTANTS, PROFESSIONAL, TECHNICAL, HUMAN AND CLIENT SERVICES Section 1.01 Definitions ARTICLE 1 - DEFINITIONS The following words and expressions, or pronouns used in their stead, shall, wherever they appear in this Agreement, be construed as follows, unless a different meaning is clear from the context: A. “Agency Chief Contracting Officer” or “ACCO” shall mean the position delegated authority by the Agency Head to organize and supervise the procurement activity of subordinate Agency staff in conjunction with the City Chief Procurement Officer. B. “Agreement” shall mean the various documents, including this Appendix A, that constitute the contract between the Contractor and the City. C. “City” shall mean The City of New York. D. “City Chief Procurement Officer” or “CCPO” shall mean the position delegated authority by the Mayor to coordinate and oversee the procurement activity of Mayoral agency staff, including the ACCOs. E. “Commissioner” or “Agency Head” shall mean the head of the Department or his or her duly authorized representative. The term “duly authorized representative” shall include any person or persons acting within the limits of his or her authority. F. “Comptroller” shall mean the Comptroller of the City of New York. G. “Contractor” shall mean the entity entering into this Agreement with the Department. H. “Days” shall mean calendar days unless otherwise specifically noted to mean business days. I. “Department” or “Agency” shall mean the City agency that has entered into this Agreement. J. “Law” or “Laws” shall mean the New York City Charter (“Charter”), the New York City Administrative Code (“Admin. Code”), a local rule of the City of New York, the Constitutions of the United States and the State of New York, a statute of the United States or of the State of New York and any ordinance, rule or regulation having the force of law and adopted pursuant thereto, as amended, and common law. K. “Procurement Policy Board” or “PPB” shall mean the board established pursuant to Charter § 311 whose function is to establish comprehensive and consistent procurement policies and rules which have broad application throughout the City. L. “PPB Rules” shall mean the rules of the Procurement Policy Board as set forth in Title 9 of the Rules of the City of New York (“RCNY”), § 1-01 et seq. M. “State” shall mean the State of New York. Section 2.01 Procurement of Agreement ARTICLE 2 - REPRESENTATIONS AND WARRANTIES A. The Contractor represents and warrants that no person or entity (other than an officer, partner, or employee working solely for the Contractor) has been employed or retained to solicit or secure this Agreement upon any agreement or understanding for a commission, percentage, brokerage fee, contingent fee or any other direct or indirect compensation. Notwithstanding the preceding sentence, the Contractor may retain consultants to draft proposals, negotiate contracts, and perform other similar services. The Contractor further represents and warrants that no payment, gift, or thing of value has been made, given, or promised to obtain this or any other agreement between the parties. The Contractor makes such representations and warranties to induce the City to enter into this Agreement and the City relies upon such _____________________________________________________________________________________ Page 1 of 29
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REQUEST FOR PROPOSALS PIN Project P
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PROJECT: HWDRMX02L, HWDRKR02L, HWDR
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Tax ID # : PIN # : 8502013VP0008P-1
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Tax ID #: PIN #: 8502013VP0008P-10P
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THE CITY OF NEW YORK DEPARTMENT OF
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1.9 ―Consultant‖ or ―Contract
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4.4 Final Task Order: Following the
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(a) (b) Inclusion in Staffing Plan:
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6.4 Provisions Regarding Engineerin
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Article 6.5), (b) expenses for time
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method of payment for the performan
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to have an Assigned Employee(s) per
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7.6 Requisitions for Payment 7.6.1
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Agency by e-mail at poped@ddc.nyc.g
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(g) Timely written requests for ass
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IN WITNESS WHEREOF, the parties her
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EXHIBIT A CONTRACT INFORMATION Div
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EXHIBIT C TITLES AND ALL INCLUSIVE
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EXHIBIT D: MINIMUM REQUIREMENTS PER
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Duties: The CIH will act as the lea
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EXHIBIT F GENERAL REQUIREMENTS FOR
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(NO TEXT ON THIS PAGE) NYC Departme
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GENERAL REQUIREMENTS FOR DESIGN SER
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(e) (f) (g) (h) (i) miles from whic
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L. The Consultant shall thoroughly
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(a) Upon written notice to proceed,
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eview submitted design documents (i
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utility survey documentation; traff
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3. Surface drainage structures and
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Measurement methods, other than ele
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c. The Consultant shall submit to t
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In order to ensure that the electro
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e) Indicate all existing lane delin
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iv) Make reasonable attempts to suf
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2. Sub-cellar/sub-basement vaults s
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e) The Consultant shall reconcile o
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j) The Consultant shall identify al
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g) Coordinating with property owner
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11. The Consultant shall prepare a
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through the use of CCOs. In additio
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under the ensuing construction cont
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B. SEWER DATA SURVEY 1. The Consult
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e) Include the streets, parkways an
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3. PHASE I TESTING This may include
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) Develop/design project curbs in c
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15. Upon completion of the detailed
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Page 143 and 144: 8. The Consultant shall prepare a l
Page 145 and 146: g) Present the proposed tree planti
Page 147 and 148: p) The Consultant shall prepare Fin
Page 149 and 150: c) During design, confer and meet w
Page 151 and 152: ) The Consultant shall determine th
Page 153 and 154: c) The Consultant shall meet with a
Page 155 and 156: permits, etc. Additionally, the cen
Page 157 and 158: 4.29 BUILDINGS RESEARCH 1. Under th
Page 159 and 160: d. The Consultant shall develop con
Page 161 and 162: (i) The preparation of Preliminary
Page 163 and 164: (k) The Consultant shall incorporat
Page 165 and 166: 8. Natural resources (Refer to Chap
Page 167 and 168: In preparing the ULURP application
Page 169 and 170: 6. The Consultant shall notify the
Page 171 and 172: 4.38 DRAINAGE PLAN GRADE IMPACTS AN
Page 173 and 174: 1) Gather and study all available i
Page 175 and 176: EXHIBIT G: REQUIREMENTS FOR FEDERAL
Page 177 and 178: (1) RECORDS RETENTION APPENDIX A-2:
Page 179 and 180: discriminate in hiring against any
Page 181 and 182: contracting agency shall waive the
Page 183 and 184: EXHIBIT H NYSDOT PROCEDURES FOR LOC
Page 185 and 186: APPENDIX A GENERAL PROVISIONS GOVER
Page 187: ARTICLE 8 - PROTECTION OF PERSONS A
Page 191 and 192: Appendix A (Architects and Engineer
Page 217: Appendix A (Architects and Engineer
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