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Article 6.5), (b) expenses <strong>for</strong> time spent by personnel commuting or traveling, <strong>and</strong> (c) expenses <strong>for</strong> parking <strong>and</strong> tolls.<br />

6.7.3 Equipment: The Consultant shall provide the items set <strong>for</strong>th below <strong>for</strong> all personnel per<strong>for</strong>ming<br />

<strong>services</strong>.<br />

(a) All necessary CADD or computer usage time<br />

(b) All necessary office supplies <strong>and</strong>/or tools<br />

(c) Communications equipment <strong>and</strong> service, including without limitation cellular telephones. The<br />

telephone numbers of all personnel shall be submitted to the Commissioner.<br />

(d) hard hats<br />

6.8 Assistance to Commissioner: Should any claim be made or any action brought against the Commissioner or<br />

the City of New York relating to the <strong>design</strong> of the Project, the Consultant shall diligently render to the City without<br />

additional compensation any <strong>and</strong> all assistance which may be requested by the Commissioner.<br />

6.9 Provisions Regarding Changes to the Design Documents<br />

6.9.1 Changes Not Involving Scope:<br />

(a)<br />

(b)<br />

The Consultant shall revise <strong>and</strong> correct, without additional compensation there<strong>for</strong>e, any <strong>and</strong> all <strong>design</strong><br />

documents until the same shall be accepted by the Commissioner <strong>and</strong> by all other agencies whose<br />

approval is required by law.<br />

Should any substantial change, other than a change in Project scope, make it necessary <strong>for</strong> the<br />

Consultant to change <strong>design</strong> documents after approval of the preliminary or final <strong>design</strong> documents, the<br />

Commissioner shall direct such change in writing. Such change shall constitute an Additional<br />

Professional Service.<br />

6.9.2 Decrease in Scope: The Commissioner shall have the right to reduce the scope of the <strong>services</strong> of the<br />

Consultant hereunder, at any time <strong>and</strong> <strong>for</strong> any reason, upon written notice to the Consultant, specifying the nature <strong>and</strong><br />

extent of such reduction. In such event, the Consultant shall be paid, in accordance with the payment terms set <strong>for</strong>th in<br />

Article 7, <strong>for</strong> <strong>services</strong> already per<strong>for</strong>med prior to receipt of written notification of such reduction in scope, as<br />

determined by the Commissioner. Any <strong>services</strong> per<strong>for</strong>med by the Consultant to revise the <strong>design</strong> documents as a result<br />

of the reduction in the scope of the Project shall constitute an Additional Professional Service.<br />

6.9.3 Changes through Fault of Consultant: In the event that any change is required to the <strong>design</strong><br />

documents because of defects of <strong>design</strong> or unworkability of details, or because of any other fault or errors of the<br />

Consultant, no additional compensation shall be paid to the Consultant <strong>for</strong> making such changes.<br />

6.10 Ownership of Documents: As set <strong>for</strong>th in the General Provisions (Appendix A), any reports, documents, data,<br />

photographs, deliverables, <strong>and</strong>/or other materials produced pursuant to this Agreement, <strong>and</strong> any <strong>and</strong> all drafts <strong>and</strong>/or<br />

other preliminary materials in any <strong>for</strong>mat <strong>related</strong> to such items produced pursuant to this Agreement, shall upon their<br />

creation become the exclusive property of the City.<br />

During the term of this Contract <strong>and</strong> at any time within the retention period set <strong>for</strong>th in the General Provisions, the<br />

Consultant shall, upon dem<strong>and</strong>, promptly deliver such material, records or documents to the Commissioner, or make<br />

such records available to the Commissioner or his/her authorized representative <strong>for</strong> review <strong>and</strong> reproduction at such<br />

place as may be <strong>design</strong>ated by the Commissioner. Thereafter, the City may utilize such material, records or documents<br />

in whole or in part or in modified <strong>for</strong>m <strong>and</strong> in such manner or <strong>for</strong> such purposes or as many times as it may deem<br />

advisable without employment of or additional compensation to the Consultant. Should such documents prepared under<br />

this Contract be re-used by the City <strong>for</strong> other than the Project originally created, it is understood that the Consultant<br />

bears no responsibility whatsoever <strong>for</strong> such re-use except in those instances where he is re-employed <strong>for</strong> re-use of the<br />

documents.<br />

ARTICLE 7<br />

Payment Terms <strong>and</strong> Conditions<br />

7.1 General<br />

7.1.1 Total Payments: Total payments <strong>for</strong> all <strong>services</strong> per<strong>for</strong>med <strong>and</strong> all expenses incurred pursuant to this<br />

_____________________________________________________________________________________________<br />

CITY OF NEW YORK<br />

10 ENGINEERING DESIGN AND RELATED SERVICES<br />

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

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