REQUEST FOR PROPOSALS - DDC Document Exchange - NYC.gov

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(j) (k) the purposes of the Contract, the costs of meeting utilization goals through additional procurements, the administrative costs of investigation and enforcement, or other factors set forth in the Contract; exercise rights under the Contract to procure goods, services or construction from another contractor and charge the cost of such contract to the Contractor that has been found to be in noncompliance; or take any other appropriate remedy. 4. If a Subcontractor Utilization Plan has been submitted, and pursuant to this Article II, Section 3, the Contractor has been found to have failed to award subcontracts to MBEs and/or WBEs sufficient to meet the Subcontractor Participation Goals contained in its Subcontractor Utilization Plan or the Subcontractor Participation Goals as modified by Agency pursuant to Article I, Part A, Section 11, Agency may assess liquidated damages in the amount of ten percent (10%) of the difference between the dollar amount of subcontracts required to be awarded to MBE and/or WBE subcontractors to meet the Subcontractor Participation Goals and the dollar amount the Contractor actually awarded and paid to MBE and/or WBE subcontractors. In view of the difficulty of accurately ascertaining the loss which the City will suffer by reason of Contractor’s failure to meet the Subcontractor Participation Goals, the foregoing amount is hereby fixed and agreed as the liquidated damages that the City will suffer by reason of such failure, and not as a penalty. Agency may deduct and retain out of any monies which may become due under this Contract the amount of any such liquidated damages; and in case the amount which may become due under this Contract shall be less than the amount of liquidated damages suffered by the City, the Contractor shall be liable to pay the difference. 5. Whenever Agency has reason to believe that an MBE or WBE is not qualified for certification, or is participating in a contract in a manner that does not serve a commercially useful function (as defined in Section 6-129), or has violated any provision of Section 6-129, Agency shall notify the commissioner of DSBS who shall determine whether the certification of such business enterprise should be revoked. 6. Statements made in any instrument submitted to Agency pursuant to Section 6-129 shall be submitted under penalty of perjury and any false or misleading statement or omission shall be grounds for the application of any applicable criminal and/or civil penalties for perjury. The making of a false or fraudulent statement by an MBE or WBE in any instrument submitted pursuant to Section 6-129 shall, in addition, be grounds for revocation of its certification. 7. The Contractor's record in implementing its Subcontractor Utilization Plan shall be a factor in the evaluation of its performance. Whenever a contracting agency determines that a contractor's compliance with a Subcontractor Utilization Plan has been unsatisfactory, the agency shall, after consultation with the city chief procurement officer, file an advice of caution form for inclusion in VENDEX as caution data. _______________________________________________________________________________________________ CITY OF NEW YORK PROFESSIONAL SERVICES DEPARTMENT OF DESIGN AND CONSTRUCTION REQUIREMENTS CONTRACT JULY 2011 17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate, the day and year first above written, one copy to remain with the Commissioner, one copy to be filed with the Comptroller of the City of New York and one copy to be delivered to the Consultant. THE CITY OF NEW YORK By: _____________________________________ Deputy Commissioner CONSULTANT: By: _________________________________ Print Name: ___________________________ Title: EIN: _________________________________ _________________________________ Approved as to Form and Certified as to Legal Authority ___________________________________ Acting Corporation Counsel Date: ______________________________ _______________________________________________________________________________________________ CITY OF NEW YORK PROFESSIONAL SERVICES DEPARTMENT OF DESIGN AND CONSTRUCTION REQUIREMENTS CONTRACT JULY 2011 18
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REQUEST FOR PROPOSALS PIN Project P
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PROJECT: PW311STLS PIN: 8502011RQ00
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Page 15 and 16: PROJECT: PW311STLS PIN: 8502011RQ00
Page 39 and 40: Tax ID #: PIN #: 8502011RQ0008P-12P
Page 41 and 42: Tax ID #: PIN #: 8502011RQ0008P-12P
Page 43 and 44: ATTACHMENT 7 DOING BUSINESS DATA FO
Page 46: Page 4 of 2
Page 50 and 51: THIS AGREEMENT, made and entered in
Page 52 and 53: ARTICLE 2 General Provisions 2.1 Ge
Page 54 and 55: (e) Total estimated amount for all
Page 56 and 57: 6.6 Non-Reimbursable Services: Thro
Page 58 and 59: preparation of all required Survey
Page 60 and 61: Consultant has not yet performed, a
Page 62 and 63: is issued by the Commissioner durin
Page 64 and 65: elow, unless the Contractor has obt
Page 68 and 69: ACKNOWLEDGMENT BY CORPORATION State
Page 70 and 71: EXHIBIT B UNIT PRICES AND ALL INCLU
Page 72 and 73: SECTION C - EDUCATION REQUIREMENTS
Page 74 and 75: TECHNICAL REQUIREMENTS FOR SURVEYIN
Page 76 and 77: The Consultant shall provide all su
Page 78 and 79: Benchmarks - One Permanent Benchmar
Page 80 and 81: B. Any elevation or dimension taken
Page 82 and 83: 6. All curb types must be depicted
Page 84 and 85: D. All Survey Documents shall be cl
Page 86 and 87: have been extended, or, if the Cons
Page 88 and 89: Under this item of the contract, th
Page 90 and 91: 4. The representation shall be as f
Page 92 and 93: special conditions and situations s
Page 94 and 95: A. Procedure: The procedure for sub
Page 96 and 97: I. The Consultant shall also supply
Page 98 and 99: 4.05.1 MEASUREMENT FOR PAYMENT (SKE
Page 100 and 101: SECTION 5 UNIT PRICE ITEM NO. 4 5.0
Page 102 and 103: Profile shall be 1”=30’ Horizon
Page 104 and 105: 5.08.1 MEASUREMENT FOR PAYMENT (SKE
Page 106 and 107: C. All elements of the Topographic
Page 108 and 109: A. The Composite Utility Plan and P
Page 110 and 111: Survey Documents in the Final Submi
Page 112 and 113: etc.) Design Files (See Description
Page 114 and 115: 9.03.2 Marker Illustration Survey m
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9.03.4 Horizontal Controls The Cons
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Section 4.07 Non-Discrimination: E.
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Section 12.05 No Claim Against Offi
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Appendix A December 2010 Final betw
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Appendix A December 2010 Final D. T
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Appendix A December 2010 Final Sect
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Appendix A December 2010 Final D. T
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Appendix A December 2010 Final F. A
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Appendix A December 2010 Final E. I
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Appendix A December 2010 Final prio
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Appendix A December 2010 Final B. I
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Appendix A December 2010 Final agre
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Appendix A December 2010 Final term
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Appendix A December 2010 Final B. A
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Appendix A December 2010 Final Cont
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Appendix A December 2010 Final AFFI
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REQUEST FOR PROPOSALS - DDC Document Exchange - NYC.gov

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