requirements contracts for engineering design and related services ...

4.4 Final Task Order: Following the process set forth above, the Commissioner shall issue a Task Order to the
Consultant. The Commissioner may issue separate and/or supplementary Task Orders to the Consultant for the
performance of services for different phases or portions of the Project, or for the performance of any portion or
component of the services set forth in Article 6. Each Task Order issued hereunder shall specify the items set forth
below:
4.4.1 Description of the Project for which services are required
4.4.2 Services to be performed by the Consultant
4.4.3 Method(s) of Payment for the performance of services
4.4.4 Requirements for scheduling and/or phasing of the services
4.4.5 Time frame for the completion of services
4.4.6 Overall Not to Exceed amount for the services to be performed. Such overall Not to Exceed Amount
shall be broken down into various amounts and/or allowances, depending on the required services and
the method(s) of payment specified in the Task Order. Such amounts and/or allowances may include
the following: (1) Preliminary Design Fee, (2) Topographic Survey Fee, (3) Final Design Fee, (4)
Allowance for Time Card Services, (5) Allowance for Artwork, and (6) Allowance for Reimbursable
Services.
4.5 Miscellaneous Provisions: The provision set forth below shall apply to Task Orders issued hereunder.
4.5.1 Supplementary Task Orders: In the event of any changes to the Task Order, the Commissioner shall
issue a Supplementary Task Order to the Consultant. The Consultant shall be bound by the terms and conditions of any
such Supplementary Task Order issued by the Commissioner.
4.5.2 Reallocation of Allowance Amounts: Notwithstanding the specific amount allocated for allowances,
as set forth in Task Orders issued hereunder, the Commissioner may, by issuance of a Supplementary Task Order to the
Consultant, reallocate such specific allowance amounts; provided, however, a Supplementary Task Order is not required
if the change in allowance amounts is due to a distribution of the contingency amount. Such change in allowance
amount(s) shall be accompanied by a written directive to the Consultant.
4.5.3 Conflicts: In the event of any conflict between a Task Order issued hereunder and any provision of
this Contract, the Contract shall take precedence; except that with respect to the services to be performed, the provisions
of the Task Order shall take precedence over Article 6 of this Contract.
4.5.4 No Right to Reject: The Consultant shall have no right (a) to decline to respond to an RFP, (b) to
reject a Task Order issued hereunder, or (c) to decline to perform services pursuant to a Task Order. Failure by the
Consultant to respond to an RFP or to perform services pursuant to a Task Order issued hereunder shall be grounds for
termination for cause.
4.5.5 Work by Others: In the event there is a need for engineering design and related services, the
Commissioner reserves the right not to utilize this requirements contract and to proceed with a new solicitation for the
required services, or to have the services performed by another consultant(s), or by City employees, if the
Commissioner, in his/her sole opinion, determines that it would be in the best interest of the City to do so.
ARTICLE 5
The Consultant’s Personnel
5.1 Provision of Personnel: The Consultant agrees, throughout the term of the Contract, to provide personnel for
the performance of all required engineering design and related services for the Project in accordance with Task Orders
issued by the Commissioner. The Consultant shall provide such personnel through its own employees and/or through
its Subconsultants, as set forth in Exhibit B, unless otherwise approved by the Commissioner. The Consultant
specifically agrees that its employees, agents and Subconsultants shall possess the experience, knowledge and character
necessary to qualify them individually for the particular duties they perform.
5.2 Key Personnel: The names of individuals identified as Key Personnel by the Consultant in its Proposal for the
Contract, as well as their titles and qualifications, are set forth in Exhibit B. For specific Projects pursuant to this
Contract, the Consultant expressly agrees to assign to such Projects for their entire duration, the individuals identified in
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CITY OF NEW YORK
4 ENGINEERING DESIGN AND RELATED SERVICES
DEPARTMENT OF DESIGN AND CONSTRUCTION REQUIREMENTS CONTRACT (LRG) SEPT. 2012