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Exhibit B as Key Personnel, unless otherwise approved in writing by the Commissioner. Failure by the Consultant to<br />

provide such individual(s) identified in Exhibit B as Key Personnel shall be grounds <strong>for</strong> termination <strong>for</strong> cause.<br />

5.2.1 Replacement of Key Personnel: No substitution <strong>for</strong> an individual identified in Exhibit B as Key<br />

Personnel shall be permitted unless approved in advance in writing by the Commissioner. Such approval will only be<br />

granted in the case of extenuating circumstances. Any proposed replacement <strong>for</strong> an individual identified as Key<br />

Personnel must possess qualifications substantially similar to those of the individual being replaced. In addition, at the<br />

Commissioner's request at any time, the Consultant shall remove any Key Personnel or other personnel <strong>and</strong> substitute<br />

another employee of the Consultant or Subconsultant reasonably satisfactory to the Commissioner. The Commissioner<br />

may request such substitution at any time, in his sole discretion.<br />

5.3 Staffing Requirements: Staffing Requirements are set <strong>for</strong>th in Exhibit C. Such Staffing Requirements specify<br />

the titles of personnel the Consultant shall be required to provide, through its own employees <strong>and</strong>/or through its<br />

Subconsultants, <strong>and</strong> the All Inclusive Hourly Rate per title.<br />

5.3.1 Requirements Per Title: Personnel provided by the Consultant <strong>and</strong>/or its Subconsultants must satisfy<br />

the minimum <strong>requirements</strong> <strong>for</strong> the title in question set <strong>for</strong>th in Exhibit D. The Consultant shall provide resumes or other<br />

documentation acceptable to the Commissioner to demonstrate that personnel provided hereunder comply with the<br />

minimum <strong>requirements</strong> per title. In exceptional circumstances, the Commissioner, in his/her sole <strong>and</strong> absolute<br />

discretion, may modify the minimum <strong>requirements</strong> per title.<br />

5.3.2 All Inclusive Hourly Rates: All Inclusive Hourly Rates <strong>for</strong> titles of personnel are set <strong>for</strong>th in Exhibit<br />

C. Such All Inclusive Hourly Rates shall apply as follows: (1) if the method of payment <strong>for</strong> the per<strong>for</strong>mance of<br />

<strong>services</strong> is through fee(s), the All Inclusive Hourly Rates shall be used as a basis <strong>for</strong> negotiating fees with the selected<br />

consultant, <strong>and</strong> (2) if the method of payment <strong>for</strong> the per<strong>for</strong>mance of <strong>services</strong> is on a time card basis, All Inclusive<br />

Hourly Rates shall be used to calculate payment to the Consultant in accordance with Article 7.<br />

5.3.3 Additional Titles: If an additional title(s) of personnel is required <strong>for</strong> the Project, the Commissioner<br />

shall establish the following: (1) additional required title(s), (2) minimum <strong>requirements</strong> per title, <strong>and</strong> (3) All Inclusive<br />

Hourly Rate per title. The All Inclusive Hourly Rate <strong>for</strong> the additional required title shall be calculated in accordance<br />

with the <strong>for</strong>mula set <strong>for</strong>th in Article 7.3.10. The Commissioner reserves the right to reject any proposed individual <strong>for</strong><br />

the title in question in accordance with Article 7.3.10.<br />

5.4 Staffing Plan: A Staffing Plan shall be established <strong>for</strong> the Project specified in the Task Order. Such Staffing<br />

Plan must be approved by the Commissioner prior to commencement of the Consultant’s <strong>services</strong>. Such Staffing Plan<br />

shall include only those personnel necessary <strong>for</strong> per<strong>for</strong>mance of the required <strong>services</strong>. The contents of the Staffing Plan<br />

are set <strong>for</strong>th below.<br />

5.4.1 Fee Based Services: The Staffing Plan shall include the following, if the method of payment <strong>for</strong> the<br />

per<strong>for</strong>mance of <strong>services</strong>, or any portion thereof, is through Fee(s): Required titles of Key Personnel <strong>and</strong> specific<br />

individual <strong>for</strong> each title, as identified by the Consultant in its Proposal <strong>for</strong> the Contract <strong>and</strong> set <strong>for</strong>th in Exhibit B.<br />

5.4.2 Time Card Based Services: The Staffing Plan shall include the following, if the method of payment<br />

<strong>for</strong> the per<strong>for</strong>mance of <strong>services</strong>, or any portion thereof, is on a time card basis:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

Key Personnel: Required titles <strong>and</strong> specific individual <strong>for</strong> each title, as identified by the Consultant in<br />

its Proposal <strong>for</strong> the Contract <strong>and</strong> set <strong>for</strong>th in Exhibit B.<br />

Other Personnel: Required titles <strong>and</strong> specific individual <strong>for</strong> each title<br />

All Inclusive Hourly Rate <strong>for</strong> each specified individual. The individual’s All Inclusive Hourly Rate<br />

shall be the rate set <strong>for</strong>th in Exhibit C <strong>for</strong> the title <strong>for</strong> which the Commissioner determines the individual<br />

meets the minimum <strong>requirements</strong>.<br />

Total estimated hours <strong>and</strong> amount per title<br />

Total estimated amount <strong>for</strong> all required personnel<br />

5.4.3 Payment Limitations: Payment to the Consultant is subject to the limitations set <strong>for</strong>th below, if the<br />

method of payment <strong>for</strong> the per<strong>for</strong>mance of <strong>services</strong>, or any portion thereof, is on a time card basis.<br />

_____________________________________________________________________________________________<br />

CITY OF NEW YORK<br />

5 ENGINEERING DESIGN AND RELATED SERVICES<br />

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

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