requirements contracts for engineering design and related services ...

Agreement shall not exceed the amount set forth in Exhibit A.
7.1.2 Method of Payment: The method of payment for the performance of engineering design and related
services by the Consultant shall be specified in the Task Order. Payment for required services shall be in accordance
with one of the methods set forth below, or a combination thereof. For most Projects, the specified method of payment
shall be through Fee(s). If the method of payment for the performance of services is through Fee(s), the All Inclusive
Hourly Rates set forth in Exhibit C shall be used as a basis for negotiating Fee(s) with the Consultant. If the method of
payment for the performance of services is on a time card basis, All Inclusive Hourly Rates shall be used to calculate
payment to the Consultant in accordance with Article 7.3.
Type of Service Form of Payment Article Reference
Preliminary Design Services Preliminary Design Fee, or Article 7.2
Time Card Article 7.3
Topographic Survey Services Topographic Survey Fee, or Article 7.2
Time Card Article 7.3
Final Design Services Final Design Fee, or Article 7.2
Time Card Article 7.3
Additional Professional Services Time Card Article 7.3
Artwork (Article 6) Fee for Artwork Article 7.5
Reimbursable Services (Article 6) Reimbursement Article 7.4
7.1.3 Task Orders: Task Orders issued hereunder shall specify an 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. In the event the allowance amounts set forth in the Task Order are not sufficient, as determined
by the Commissioner, to cover the cost of required services for which allowance amounts are specified, the
Commissioner will increase the amounts of such allowances.
7.1.4 Reallocation of Allowance Amounts: Notwithstanding the specific amounts 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 accomplished by a written directive to the Consultant.
7.1.5 Guaranteed Minimum: In the event the Consultant is not issued any Task Orders hereunder and the
Consultant has, throughout the term of the Contract, submitted reasonable Proposals for specific Projects, the City
agrees to pay, and the Consultant agrees to accept, a minimum fee of $2,500. The Consultant further agrees that under
such circumstances, it has no action for damages or for loss of profits against the City.
7.1.6 Executory Only: This Agreement shall be deemed executory only to the extent of the moneys
appropriated and available for the purpose of the Agreement and no liability or account thereof shall be incurred beyond
the amount of such moneys. It is therefore understood that neither this Agreement nor any representation by any public
employee or officer creates any legal or moral obligation to request, appropriate or make available moneys for the
purpose of this Agreement.
7.2 Payment for Services Through Fees
7.2.1 Application: The provisions set forth below shall apply in the event the Task Order specifies that the
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CITY OF NEW YORK
11 ENGINEERING DESIGN AND RELATED SERVICES
DEPARTMENT OF DESIGN AND CONSTRUCTION REQUIREMENTS CONTRACT (LRG) SEPT. 2012