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Appendix A (Architects and Engineers) September 2012 Final Section 12.06 General Release The acceptance by the Contractor or its assignees of the final payment under this Agreement, whether by check, wire transfer, or other means, and whether pursuant to invoice, voucher, judgment of any court of competent jurisdiction or any other administrative means, shall constitute and operate as a release of the City from any and all claims of and liability to the Contractor, of which the Contractor was aware or should reasonably have been aware, arising out of the performance of this Agreement based on actions of the City prior to such acceptance of final payment, excepting any disputes that are the subject of pending dispute resolution procedures. Section 12.07 No Waiver Waiver by either the Department or the Contractor of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless and until the same shall be agreed to in writing by the parties as set forth in Section 9.01. Section 13.01 PPB Rules ARTICLE 13 - APPLICABLE LAWS This Agreement is subject to the PPB Rules. In the event of a conflict between the PPB Rules and a provision of this Agreement, the PPB Rules shall take precedence. Section 13.02 All Legal Provisions Deemed Included Each and every provision required by Law to be inserted in this Agreement is hereby deemed to be a part of this Agreement, whether actually inserted or not. Section 13.03 Severability / Unlawful Provisions Deemed Stricken If this Agreement contains any unlawful provision not an essential part of the Agreement and which shall not appear to have been a controlling or material inducement to the making of this Agreement, the unlawful provision shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from the Agreement without affecting the binding force of the remainder. Section 13.04 Compliance With Laws The Contractor shall perform all services under this Agreement in accordance with all applicable Laws as are in effect at the time such services are performed. Section 13.05 Americans with Disabilities Act (ADA) A. This Agreement is subject to the provisions of Subtitle A of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 et seq. (“ADA”) and regulations promulgated pursuant thereto, see 28 CFR Part 35. The Contractor shall not discriminate against an individual with a disability, as defined in the ADA, in providing services, programs, or activities pursuant to this Agreement. If directed to do so by the Department to ensure the Contractor’s compliance with the ADA during the term of this Agreement, the Contractor shall prepare a plan (“Compliance Plan”) which lists its program site(s) and describes in detail, how it intends to make the services, programs and activities set forth in the scope of services herein readily accessible and usable by individuals with disabilities at such site(s). In the event that the program site is not readily accessible and usable by individuals with disabilities, contractor shall also include in the Compliance Plan, a description of reasonable alternative means and methods that result in making the services, programs or activities provided under this Agreement, readily accessible to and usable by individuals with disabilities, including but not limited to people with visual, auditory or mobility disabilities. The Contractor shall submit the Compliance Plan to the ACCO for review within ten (10) Days after being directed to do so and shall abide by the Compliance Plan and implement any action detailed in the Compliance Plan to make the services, programs, or activities accessible and usable by the disabled. B. The Contractor’s failure to either submit a Compliance Plan as required herein or implement an approved Page 24 of 29
Appendix A (Architects and Engineers) September 2012 Final Compliance Plan may be deemed a material breach of this Agreement and result in the City terminating this Agreement. Section 13.06 Not Used Section 13.07 Participation in an International Boycott A. The Contractor agrees that neither the Contractor nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the federal Export Administration Act of 1979, as amended, 50 U.S.C. Appendix. §§ 2401 et seq., or the regulations of the United States Department of Commerce promulgated thereunder. B. Upon the final determination by the Commerce Department or any other agency of the United States as to, or conviction of, the Contractor or a substantially-owned affiliated company thereof, of participation in an international boycott in violation of the provisions of the Export Administration Act of 1979, as amended, or the regulations promulgated thereunder, the Comptroller may, at his or her option, render forfeit and void this Agreement. C. The Contractor shall comply in all respects, with the provisions of Admin. Code § 6-114 and the rules issued by the Comptroller thereunder. Section 13.08 MacBride Principles A. In accordance with and to the extent required by Admin. Code § 6-115.1, the Contractor stipulates that the Contractor and any individual or legal entity in which the Contractor holds a ten percent (10%) or greater ownership interest and any individual or legal entity that holds a ten percent (10%) or greater ownership interest in the Contractor either (a) have no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations they have in Northern Ireland in accordance with the MacBride Principles, and shall permit independent monitoring of their compliance with such principles. B. The Contractor agrees that the covenants and representations in Paragraph A above are material conditions to this Agreement. § 328. C. This Section does not apply if the Contractor is a not-for-profit corporation. Section 13.09 Not Used Section 13.10 Not Used Section 14.01 Conditions Precedent ARTICLE 14 - MISCELLANEOUS PROVISIONS A. This Agreement shall be neither binding nor effective unless and until it is registered pursuant to Charter B. The requirements of this Section shall be in addition to, and not in lieu of, any approval or authorization otherwise required for this Agreement to be effective and for the expenditure of City funds. Section 14.02 Merger This written Agreement contains all the terms and conditions agreed upon by the parties, and no other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the parties, or to vary any of the terms contained in this Agreement, other than a written change, amendment or modification duly executed by both parties pursuant to Article 9 of this Appendix A. Section 14.03 Headings Headings are inserted only as a matter of convenience and therefore are not a part of and do not affect the substance of this Agreement. Page 25 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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NYC Department of Design and Constr
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8. The Consultant shall prepare a l
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g) Present the proposed tree planti
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p) The Consultant shall prepare Fin
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c) During design, confer and meet w
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) The Consultant shall determine th
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c) The Consultant shall meet with a
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permits, etc. Additionally, the cen
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4.29 BUILDINGS RESEARCH 1. Under th
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d. The Consultant shall develop con
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Page 179 and 180: discriminate in hiring against any
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Page 185 and 186: APPENDIX A GENERAL PROVISIONS GOVER
Page 187 and 188: ARTICLE 8 - PROTECTION OF PERSONS A
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