REQUEST FOR PROPOSALS - DDC Document Exchange - NYC.gov

Executive. Compensation for the Contract Executive is deemed included in the method of payment directed in writing by
the Commissioner in the Work Order (Unit Prices or Time Card).
7.1.5 Conditions of Payment: The conditions of payment are set forth below.
(a)
(b)
(c)
Acceptance by Commissioner: Payment for surveying services shall be made to the Consultant after
delivery of the Final Survey Documents and written acceptance thereof by the Commissioner. The
Consultant shall not be entitled to payment for Survey Documents which have not been accepted in
writing by the Commissioner.
Payment Contingent Upon Satisfactory Performance: All payments are contingent upon the Consultant’s
satisfactory performance of the required services. The Commissioner is authorized to make deductions
for any services performed hereunder, which he/she determines to be unsatisfactory.
Non-Payment for Corrections: The Consultant shall not be entitled to payment for any required
corrections to the Survey Documents. The Consultant shall be responsible for correcting any Survey
Documents that do not comply with the requirements of this Contract. Such corrections shall be made in
a timely manner. This obligation to correct the Survey Documents includes corrections discovered by the
City after written acceptance of the Survey Documents and payment for the same. The Consultant shall
be responsible for all costs in connections with any required corrections to the Survey Documents,
including the cost of furnishing and delivering new CD’s, prints and mylars. The obligation to correct the
Survey Documents shall not apply to cases where project conditions have changed after completion of the
Survey Documents by the Consultant.
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 Work Orders: Work Orders shall specify an overall Not to Exceed amount for the services to be performed.
7.2.1 Not to Exceed Amount: The overall Not to Exceed Amount shall be broken down into various amounts
and/or allowances, depending on the required services and the method of payment specified in the Work Order. Such
amounts and/or allowances may include the following: (1) Allowance for Unit Price Items, (2) Allowance for Time Card
Services, and, if applicable, (3) Allowance for Reimbursable Services.
7.2.2 Maximum Price for Services: The overall Not to Exceed amount set forth in the Work Order (less the
amount of any Allowance for Reimbursable Services) shall constitute the maximum price to be paid to the Consultant for
providing the services specified therein. The Consultant shall not be entitled to payment in excess of the amount set forth
in the Work Order, unless the Commissioner, in his sole and absolute discretion, determines that exceptional circumstances
exist which were not foreseeable by the parties and which were not attributable to any fault on the part of the Consultant.
7.2.3 Allowance Amounts: In the event the allowance amounts set forth in the Work 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. Notwithstanding the specific amounts allocated for
allowances, as set forth in Work Orders issued hereunder, the Commissioner may, by issuance of a “Supplementary Work
Order” to the Consultant, reallocate such specific allowance amounts.
7.3 Payment for Services Based on Unit Prices
7.3.1 Application: In the event the Commissioner directs that the method of payment for the performance of
services by the Consultant shall be based on Unit Prices, the provisions set forth below shall apply. In such case, the Work
Order shall specify an Allowance for Unit Price Items.
7.3.2 Unit Items: Unit items for surveying services to be provided by the Consultant are set forth in the
Technical Requirements, Exhibit D. Each unit item includes the performance of all required surveying services and the
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CITY OF NEW YORK
PROFESSIONAL SERVICES
DEPARTMENT OF DESIGN AND CONSTRUCTION REQUIREMENTS CONTRACT JULY 2011
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