REQUEST FOR PROPOSALS - DDC Document Exchange - NYC.gov

the Contract shall take precedence; except that with respect to the scope of services to be performed, the provisions of the
Work Order shall take precedence over the Contract.
4.7 No Right to Reject a Work Order: The Consultant shall have no right to reject or decline to perform any Work
Order issued under the Contract. Accordingly, any rejection of a Work Order by the Consultant, either expressly made or
implied by conduct, shall constitute a material breach of this Contract.
4.8 Work by Others: In the event there is a need for services, the Commissioner reserves the right not to issue a Work
Order to the Consultant and to have the services performed by another Consultant(s), or by City employees, if the
Commissioner, in his sole opinion, determines that the Consultant may be unable to satisfactorily provide the required
services in a timely fashion.
ARTICLE 5
The Consultant’s Personnel
5.1 Provision of Personnel: The Consultant agrees, throughout the term of the Contract, to provide all personnel
necessary and required for performance of surveying services for various projects in accordance with Work Orders issued
by the Commissioner. The Consultant shall provide such personnel through its own employees, unless otherwise approved
by the Commissioner. The Consultant agrees that its employees shall possess the experience, knowledge, and character
necessary to qualify them individually for the particular duties they perform.
5.2 Key Personnel: The names of individuals identified as Key Personnel by the Consultant in its Proposal for the
Contract, as well as their titles and qualifications, are set forth in Exhibit A. The Consultant specifically agrees to assign to
the Project for its entire duration the individuals identified in Exhibit A as Key Personnel, unless otherwise approved by the
Commissioner. Failure by the Consultant to provide such individual(s) identified in Exhibit A as Key Personnel shall be
grounds for termination for cause.
5.2.1 Replacement of Key Personnel: No substitution for an individual identified in Exhibit A as Key
Personnel shall be permitted unless approved in advance in writing by the Commissioner. Such approval will only be
granted in the case of extenuating circumstances. Any proposed replacement for an individual identified as Key Personnel
must possess qualifications substantially similar to those of the individual being replaced. In addition, at the
Commissioner's request at any time, the Consultant shall remove any Key Personnel or other personnel and substitute
another employee of the Consultant reasonably satisfactory to the Commissioner. The Commissioner may request such
substitution at any time, in his sole discretion.
5.3 Staffing Requirements: Staffing requirements for personnel for the performance of services hereunder have been
established by the Commissioner and are set forth in Exhibit C. Such staffing requirements specify the titles of personnel
which the Consultant will be required to provide through its own employees. .
5.3.1 Minimum Requirements Per Title: Personnel provided by the Consultant must satisfy the minimum
requirements for the title in question set forth in Exhibit C. The Consultant shall provide resumes or other documentation
acceptable to the Commissioner to demonstrate that personnel provided hereunder comply with the minimum requirements
per title. In exceptional circumstances, the Commissioner, in his/her sole and absolute discretion, may modify the
minimum requirements per title.
5.4 Staffing Plan: For Work Orders where the method of payment is on a time card basis, a Staffing Plan must be
established and approved by the Commissioner prior to commencement of the Consultant’s services.
5.4.1 Contents: The Staffing Plan shall include the items set forth below. Such Staffing Plan shall include
only those titles and personnel necessary for the provision of the required services.
(a) Key Personnel: Required titles and specific individual for each title, identified in Exhibit A
(b) Other Personnel: Required titles and specific individual for each title
(c) All Inclusive Hourly Rate for each specified individual, excluding any Contract Executive(s). The
individual’s All Inclusive Hourly Rate shall be the rate set forth in Exhibit B for the title for which the
Commissioner determines the individual meets the qualification requirements.
(d) Total estimated hours and amount for each title
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CITY OF NEW YORK
PROFESSIONAL SERVICES
DEPARTMENT OF DESIGN AND CONSTRUCTION REQUIREMENTS CONTRACT JULY 2011
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