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method of payment <strong>for</strong> the per<strong>for</strong>mance of <strong>services</strong> shall be thorough Fee(s). In such case, the Task Order shall specify<br />

a Fee <strong>for</strong> the required <strong>services</strong>.<br />

7.2.2 Preliminary Design Fee: For the per<strong>for</strong>mance of all required Preliminary Design Services <strong>for</strong> the<br />

Project, the City agrees to pay <strong>and</strong> the Consultant agrees to accept a total Preliminary Design Fee, the amount of which<br />

shall be set <strong>for</strong>th in the Task Order. The Preliminary Design Fee is deemed to include all costs <strong>and</strong> expenses incurred<br />

by the Consultant <strong>and</strong>/or its Subconsultants in the per<strong>for</strong>mance of all required Preliminary Design Services <strong>for</strong> the<br />

Project, as set <strong>for</strong>th in the Specific Requirements <strong>and</strong> the General Requirements, including all expenses <strong>related</strong> to<br />

management <strong>and</strong> overhead, all expenses in connection with providing the non-reimbursable items <strong>and</strong>/or <strong>services</strong> set<br />

<strong>for</strong>th in Article 6, <strong>and</strong> any anticipated profit.<br />

7.2.3 Topographic Survey Fee: For the per<strong>for</strong>mance of all required of Topographic Survey Services <strong>for</strong> the<br />

Project, the City agrees to pay <strong>and</strong> the Consultant agrees to accept a total Topographic Survey Fee, the amount of which<br />

shall be set <strong>for</strong>th in the Task Order. The Topographic Survey Fee is deemed to include all costs <strong>and</strong> expenses incurred<br />

by the Consultant <strong>and</strong>/or its Subconsultants in the per<strong>for</strong>mance of all required Topographic Survey Services <strong>for</strong> the<br />

Project, as set <strong>for</strong>th in the Specific Requirements <strong>and</strong> the General Requirements, including all expenses <strong>related</strong> to<br />

management <strong>and</strong> overhead, all expenses in connection with providing the non-reimbursable items <strong>and</strong>/or <strong>services</strong> set<br />

<strong>for</strong>th in Article 6, <strong>and</strong> any anticipated profit.<br />

(a) Deliverables: The Topographic Survey Fee shall include all costs <strong>and</strong> expenses incurred by the<br />

Consultant <strong>and</strong>/or its Subconsultants in preparing ALL deliverables set <strong>for</strong>th in the General<br />

Requirements, including all cost <strong>for</strong> field work, office work <strong>and</strong> research. The required deliverables are<br />

as follows: Title Sheet, Legend Sheet(s), Survey Control Maps, Topographical Plans, Clean Base Plans,<br />

Utility Plans <strong>and</strong> Profiles, <strong>and</strong> Highway Profiles <strong>and</strong> 3-D drawings. The Topographic Survey Fee shall<br />

not include the cost of reproduction. The cost of reproduction is a Reimbursable Service, <strong>and</strong> payment<br />

shall be made from the Allowance <strong>for</strong> Reimbursable Services.<br />

7.2.4 Final Design Fee: For the per<strong>for</strong>mance of all required Final Design Services <strong>for</strong> the Project, the City<br />

agrees to pay <strong>and</strong> the Consultant agrees to accept a total Final Design Fee, the amount of which shall be set <strong>for</strong>th in the<br />

Task Order. The Final Design Fee is deemed to include all costs <strong>and</strong> expenses incurred by the Consultant <strong>and</strong>/or its<br />

Subconsultants in the per<strong>for</strong>mance of all required Final Design Services <strong>for</strong> the Project, as set <strong>for</strong>th in the Specific<br />

Requirements <strong>and</strong> the General Requirements, including all expenses <strong>related</strong> to management <strong>and</strong> overhead, all expenses<br />

in connection with providing the non-reimbursable items <strong>and</strong>/or <strong>services</strong> set <strong>for</strong>th in Article 6, <strong>and</strong> any anticipated<br />

profit.<br />

7.2.5 Payment of Fees: The Preliminary Design Fee, the Topographic Survey Fee <strong>and</strong> the Final Design Fee<br />

shall each be broken down into a schedule of lump sum fees <strong>for</strong> each required deliverable. Such schedule is subject to<br />

prior written approval by the Commissioner. Upon written approval by the Commissioner of each required deliverable,<br />

the Consultant shall be paid the lump sum fee <strong>for</strong> that deliverable, in accordance with the approved schedule. Partial<br />

payments of the lump sum fee <strong>for</strong> any deliverable set <strong>for</strong>th in the approved schedule may be made to the Consultant on<br />

a monthly basis, based upon the Commissioner’s determination that the Consultant is progressing the required work <strong>for</strong><br />

that deliverable in a satisfactory <strong>and</strong> timely fashion; provided, however, partial payments <strong>for</strong> the deliverable may not<br />

exceed 50% of the lump sum fee <strong>for</strong> the same, unless the Consultant submits a draft of the deliverable demonstrating<br />

satisfactory progress of the work.<br />

7.3 Payment <strong>for</strong> Services on a Time Card Basis<br />

7.3.1 Application: The provisions set <strong>for</strong>th below shall apply if the Consultant is directed to per<strong>for</strong>m<br />

<strong>services</strong> on a time card basis. Such <strong>services</strong> shall include, without limitation, the following: (a) Design Services, if the<br />

Task Order specifies that the method of payment <strong>for</strong> the per<strong>for</strong>mance of <strong>services</strong> by the Consultant, or any portion<br />

thereof, shall be on a time card basis, (b) Additional Professional Services, <strong>and</strong>/or (c) Archeological Services. In such<br />

case, the Task Order shall specify an Allowance <strong>for</strong> Time Card Services. Such allowance is established <strong>for</strong> payment to<br />

the Consultant <strong>for</strong> the per<strong>for</strong>mance of <strong>services</strong> by those individuals who have been assigned to provide <strong>services</strong> on a<br />

time card basis <strong>and</strong> are identified in the Staffing Plan approved by the Commissioner. The Consultant shall not be<br />

entitled to payment <strong>for</strong> the <strong>services</strong> of: (1) any individual not included in the approved Staffing Plan <strong>for</strong> time card<br />

<strong>services</strong>, or (2) any principal(s), unless such principal meets the criteria set <strong>for</strong>th below.<br />

_____________________________________________________________________________________________<br />

CITY OF NEW YORK<br />

12 ENGINEERING DESIGN AND RELATED SERVICES<br />

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

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