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requirements contracts for engineering design and related services ...

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1.9 ―Consultant‖ or ―Contractor‖ shall mean the entity entering into this Agreement with the Department.<br />

1.10 "Contract" or "Contract Documents" shall mean the Agreement referred to in Paragraph 1.1 of this Article.<br />

1.11 ―Days‖ shall mean calendar days unless otherwise specifically noted to mean business days.<br />

1.12 "Department" or "DDC" shall mean the Department of Design <strong>and</strong> Construction of the City of New York<br />

acting by <strong>and</strong> through the Commissioner thereof, or his/her duly authorized representative.<br />

1.13 "Drawings" shall mean all graphic or written illustrations, descriptions, explanations, directions, <strong>requirements</strong><br />

<strong>and</strong> st<strong>and</strong>ards of per<strong>for</strong>mance applied to the construction work.<br />

1.14 "Government Entity" shall mean the United States, the State <strong>and</strong> City of New York, <strong>and</strong> any <strong>and</strong> every agency,<br />

department, court, commission, or other instrumentality or political subdivision of government of any kind whatsoever,<br />

now existing or hereafter created.<br />

1.15 ―Law‖ or ―Laws‖ shall mean the New York City Charter (―Charter‖), the New York City Administrative Code<br />

(―Admin. Code‖), a local rule of the City of New York, the Constitutions of the United States <strong>and</strong> the State of New<br />

York, a statute of the United States or of the State of New York <strong>and</strong> any ordinance, rule or regulation having the <strong>for</strong>ce<br />

of law <strong>and</strong> adopted pursuant thereto, as amended, <strong>and</strong> common law.<br />

1.16 "Mayor" shall mean the Mayor of the City of New York, his/her successors or duly authorized representatives.<br />

1.17 "Modification" shall mean any written amendment of this Agreement signed by both the Department <strong>and</strong> the<br />

Consultant.<br />

1.18 ―Procurement Policy Board‖ or ―PPB‖ shall mean the board established pursuant to Charter § 311 whose<br />

function is to establish comprehensive <strong>and</strong> consistent procurement policies <strong>and</strong> rules which have broad application<br />

throughout the City.<br />

1.19 ―PPB Rules‖ shall mean the rules of the Procurement Policy Board as set <strong>for</strong>th in Title 9 of the Rules of the<br />

City of New York (―RCNY‖), § 1-01 et seq.<br />

1.20 ―Project‖ shall mean the Project, or portion thereof, <strong>for</strong> which <strong>engineering</strong> <strong>design</strong> <strong>and</strong> <strong>related</strong> <strong>services</strong> are<br />

required, as specified by the Commissioner on a Task Order basis.<br />

1.21 "Safety St<strong>and</strong>ards" shall mean all laws, union rules <strong>and</strong> trade or industry custom or codes of any kind<br />

whatsoever, in effect from the date of this Agreement through Final Acceptance of the construction work, pertaining to<br />

worker safety <strong>and</strong> accident prevention applicable to the Project <strong>and</strong>/or the construction work (including, but not limited<br />

to, rules, regulations <strong>and</strong> st<strong>and</strong>ards adopted pursuant to the Occupational Safety <strong>and</strong> Health Act of 1970, as amended<br />

from time to time).<br />

1.22 "Shop Drawing" shall mean any <strong>and</strong> all drawings, diagrams, layouts, explanations, illustrations, manufacturer's<br />

drawings or other written or graphic materials which illustrate any portion of the construction work.<br />

1.23 "Site(s)" shall mean the area(s) upon or in which the construction work <strong>for</strong> the Project is carried on, <strong>and</strong> such<br />

other areas adjacent thereto as may be <strong>design</strong>ated by the Commissioner.<br />

1.24 "Specifications" shall mean all of the directions, <strong>requirements</strong> <strong>and</strong> st<strong>and</strong>ards of per<strong>for</strong>mance applied to the<br />

construction work.<br />

1.25 ―State‖ shall mean the State of New York.<br />

1.26 "Subconsultant" shall mean any person, firm, or corporation, other than employees of the Consultant, who or<br />

which <strong>contracts</strong> with the Consultant or his subconsultants to furnish, or actually furnishes <strong>services</strong>, labor, or labor <strong>and</strong><br />

materials, or labor <strong>and</strong> equipment hereunder. All Subconsultants are subject to the prior written approval of the<br />

_____________________________________________________________________________________________<br />

CITY OF NEW YORK<br />

2 ENGINEERING DESIGN AND RELATED SERVICES<br />

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

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