requirements contracts for engineering design and related services ...

(a)
(b)
Inclusion in Staffing Plan: The Consultant shall not be entitled to payment for any individual not
included in the approved Staffing Plan. The specific individuals identified in the approved Staffing Plan
shall be considered Assigned Employees for the purpose of the Consultant’s entitlement to payment for
services performed by such individuals.
Principal: The Consultant shall not be entitled to payment for a principal’s time performing oversight or
management duties. This prohibition on payment for a principal’s time shall not apply if the following
criteria are met: (1) the principal is qualified to perform services in accordance with one of the titles set
forth in Exhibit D (other than the title ―Principal‖), and (2) the principal is included in the approved
Staffing Plan for such title.
5.4.4 Proposed Staffing Plan: Within the time frame directed by the Commissioner, the Consultant shall
submit a proposed Staffing Plan for the Project. Such proposed Staffing Plan shall include the information set forth
above. With respect to the proposed individual, the Consultant shall submit: (1) the individual’s resume, as well as any
other information detailing his/her technical qualifications and expertise, and (2) the title for which the individual meets
the minimum requirements, as set forth in Exhibit D.
5.4.5 Review and Approval of Staffing Plan: The Commissioner shall review the Consultant’s proposed
Staffing Plan and shall direct revisions to the same if necessary prior to final approval thereof. As part of such review,
the Commissioner shall determine: (1) whether each proposed individual meets the minimum requirements for the
applicable title, and (2) whether the All Inclusive Hourly Rate for each proposed individual is in accordance with the
rate for the title for which the individual meets the minimum requirements. The Consultant shall revise the proposed
Staffing Plan as directed, until such plan is approved in writing by the Commissioner.
5.4.6 Revisions to Staffing Plan: The Commissioner may, at any time, direct revisions to the Staffing Plan,
including without limitation, increasing or decreasing the specified personnel, based upon the scope of required services
for the Project. The Consultant shall increase or decrease the specified personnel, as directed by the Commissioner.
5.5 Subconsultants: The Consultant shall engage such Subconsultants as may be necessary for the performance of
all required services for the Project. The Consultant shall be responsible for the performance of services by all its
Subconsultants, including maintenance of schedules, correlation of their work and resolution of all differences between
them.
5.5.1 General Provisions: General Provisions governing the Contract, including provisions requiring the
approval of subcontractors, are set forth in Appendix A. Appendix A is included as an Exhibit to the Contract.
5.5.2 Exhibit B: If the Subconsultants set forth in Exhibit B are required for the Project, the Consultant
specifically agrees to provide such Subconsultants, unless otherwise approved by the Commissioner. The
Subconsultants listed in Exhibit B were identified by the Consultant in its Proposal for the Contract. Failure by the
Consultant to provide the Subconsultants listed in Exhibit B shall be shall be grounds for termination for cause.
5.5.3 Additional Subconsultants: On a Project specific basis, the Consultant shall be required to provide
subconsultants (or in-house expertise) for areas of design services in addition to or other than areas set forth in Exhibit
B. The RFP for the Project shall identify the areas of design services for which subconsultants (or in-house expertise)
will be required.
5.5.4 Replacement Subconsultants: No substitution for any Subconsultant shall be permitted unless
approved by the Commissioner. Any proposed replacement Subconsultant must possess qualifications and experience
substantially similar to those of the Subconsultant being replaced and is subject to the prior written approval of the
Commissioner. In addition, at the Commissioner's request at any time, the Consultant shall remove any Subconsultant
and substitute another Subconsultant reasonably satisfactory to the Commissioner. The Commissioner may request
such substitution at any time, if, in his sole opinion, he determines that any Subconsultant may be unable to provide the
required services in a satisfactory fashion.
5.5.5 Payment: Expenses incurred by the Consultant in connection with furnishing Subconsultants for the
performance of required services hereunder are deemed included in the payments by the City to the Consultant, as set
forth in Article 7. The Consultant shall pay its Subconsultants the full amount due them from their proportionate share
of the requisition, as paid by the City. The Consultant shall make such payment not later than seven (7) calendar days
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CITY OF NEW YORK
6 ENGINEERING DESIGN AND RELATED SERVICES
DEPARTMENT OF DESIGN AND CONSTRUCTION REQUIREMENTS CONTRACT (LRG) SEPT. 2012