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requirements contracts for engineering design and related services ...

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THIS AGREEMENT, made <strong>and</strong> entered into this _____________ day of __________, _____, by <strong>and</strong> between<br />

the City of New York (the ―City‖) acting by <strong>and</strong> through the Commissioner of the Department of Design <strong>and</strong><br />

Construction (the ―Commissioner‖) <strong>and</strong> _______________________________ (the ―Consultant‖), located at<br />

_________________________________.<br />

WITNESSETH:<br />

WHEREAS, the City desires to have <strong>engineering</strong> <strong>design</strong> <strong>and</strong> <strong>related</strong> <strong>services</strong> per<strong>for</strong>med on a <strong>requirements</strong><br />

basis <strong>for</strong> various infrastructure construction projects, <strong>and</strong><br />

WHEREAS, the Consultant has been selected based upon <strong>and</strong> in consideration of its representation that it can<br />

per<strong>for</strong>m the required <strong>services</strong> set <strong>for</strong>th herein in a timely <strong>and</strong> expeditious manner,<br />

NOW, THEREFORE, in consideration of the mutual covenants <strong>and</strong> conditions herein contained, the parties<br />

hereto agree as follows:<br />

ARTICLE 1<br />

Definitions<br />

1.1 ―Agreement‖ shall mean the various documents that constitute the contract between the Consultant <strong>and</strong> the<br />

City, including (1) Request <strong>for</strong> Proposals <strong>for</strong> the Contract, (2) Consultant’s Proposal <strong>for</strong> the Contract, (3) Specific<br />

Requirements <strong>for</strong> the Project, (4) Request <strong>for</strong> Proposals <strong>for</strong> the Project, (5) Consultant’s Proposal <strong>for</strong> the Project, <strong>and</strong> (6)<br />

Exhibits set <strong>for</strong>th below. In the event of any conflict between the Request <strong>for</strong> Proposals <strong>and</strong> the Consultant’s Proposal,<br />

the Request <strong>for</strong> Proposals shall prevail.<br />

Exhibit A<br />

Exhibit B<br />

Exhibit C<br />

Exhibit D<br />

Exhibit E<br />

Exhibit F<br />

Exhibit G<br />

Exhibit H<br />

Exhibit I<br />

Contract In<strong>for</strong>mation<br />

Subconsultants <strong>and</strong> Key Personnel<br />

Titles of Personnel <strong>and</strong> All Inclusive Hourly Rates<br />

Minimum Requirements Per Title<br />

M/WBE Subcontractor Utilization Plan<br />

General Requirements <strong>for</strong> Engineering Design <strong>and</strong> Related Services<br />

Requirements <strong>for</strong> Federal Aid Projects<br />

NYSDOT Procedures <strong>for</strong> Locally-Administered Federal Aid Projects<br />

Appendix A: General Provisions Governing Contracts <strong>for</strong> Consultants, Professional,<br />

Technical, Human <strong>and</strong> Client Services<br />

1.2 ―Agency‖ shall mean a city, county, borough or other office, position, department, division, bureau, board or<br />

commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part<br />

from the City treasury.<br />

1.3 ―Agency Chief Contracting Officer‖ or ―ACCO‖ shall mean the position delegated authority by the Agency<br />

Head to organize <strong>and</strong> supervise the procurement activity of subordinate Agency staff in conjunction with the City Chief<br />

Procurement Officer.<br />

1.4 "City" shall mean the City of New York.<br />

1.5 ―City Chief Procurement Officer‖ or ―CCPO‖ shall mean the position delegated authority by the Mayor to<br />

coordinate <strong>and</strong> oversee the procurement activity of Mayoral agency staff, including the ACCOs.<br />

1.6 ―Commissioner‖ or ―Agency Head‖ shall mean the head of the Department or his/her duly authorized<br />

representative. The term ―duly authorized representative‖ shall include any person or persons acting within the limits of<br />

his/her authority.<br />

1.7 "Commissioner's Representative" shall mean the Assistant Commissioner <strong>design</strong>ated by the Commissioner or<br />

any successor or alternate representative <strong>design</strong>ated by the Commissioner.<br />

1.8 "Comptroller" shall mean the Comptroller of the City of New York, his/her successors, or duly authorized<br />

representatives.<br />

_____________________________________________________________________________________________<br />

CITY OF NEW YORK<br />

1 ENGINEERING DESIGN AND RELATED SERVICES<br />

DEPARTMENT OF DESIGN AND CONSTRUCTION REQUIREMENTS CONTRACT (LRG) SEPT. 2012

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