- Pdf
- Address
- Brooklyn Navy Yard, Brooklyn, NY 11205
- Due Date
- Nov 13, 2026
- Contact Name
- Shani Leibowitz
- Description
- The Brooklyn Navy Yard Development Corporation is issuing this Request for Proposals from entities interested in performing a full array of on-call environmental services at the Brooklyn Navy Yard, generally including: Planning Permitting Agency Coordination Investigatory/Remedial Consulting Emergency Management Design...
- Release Date
- Oct 9, 2026
- Contact Email
- sleibowitz@bnydc.org
- Contact Phone
- (718) 907-5955
- Entry
- Title
- Request for Proposals: On-Call Environmental Services
- Detail
- Title
- Request for Proposals: On-Call Environmental Services
- Og Description
- The Brooklyn Navy Yard Development Corporation is issuing this Request for Proposals from entities interested in performing a full array of on-call environmental services at the Brooklyn Navy Yard, generally including: Planning Permitting Agency Coordination Investigatory/Remedial Consulting Emergency Management Design...
- Pdf Text
- Brooklyn Navy Yard Building 77
Development Corporation 141 Flushing Avenue, Suite 801
BrooklynNavyYard.org Brooklyn, NY 11205
1
REQUEST FOR PROPOSALS
On-Call Environmental Services
Contact Information:
Shani Leibowitz
SVP Planning & Real Estate
sleibowitz@bnydc.org
718.907.5955
Release Date: October 9, 2026
Submission Deadline: November 13, 2026
A. EXECUTIVE SUMMARY
The Brooklyn Navy Yard Development Corporation (“BNYDC”) is issuing this Request for Proposals (this
“RFP” from entities (“Respondents”) interested in performing a full array of on-call environmental services
(the “Work”) at the Brooklyn Navy Yard (the “Yard”), generally including:
• Planning
• Permitting
• Agency Coordination
• Investigatory/Remedial Consulting
• Emergency Management
• Design and Specifications
• Capital and Expense Budgeting and Management
• Reporting
• Contract Preparation and Administration
Locally Based Enterprises (“LBEs”) and Minority and Women-owned Businesses (“M/WBEs”) are
encouraged to respond to this RFP. Respondents are also encouraged, if applicable, to include LBEs and
M/WBEs as sub-consultants. Any Respondent must identify in its proposal whether it or, if applicable, any
of its proposed sub-contractors are LBEs or M/WBEs.
This RFP contains the following:
A. Executive Summary
B. Pertinent Dates
C. BNYDC Background
D. Work Background Information and Context
E. Scope of Work
F. Proposal Submission Requirements
G. Proposal Administration
H. Selection Process
I. Miscellaneous Conditions
Brooklyn Navy Yard Building 77
Development Corporation 141 Flushing Avenue, Suite 801
BrooklynNavyYard.org Brooklyn, NY 11205
2
J. Exhibits
A. Declaration of Understanding
B. Confirmation of PASSPort Compliance
C. Doing Business Data Form
D. Vendor Information Form
E. Form of Contract
F. Fee Proposal Form
G. Scope of Services
H. Site Management Plan
B. PERTINENT DATES
1. A mandatory pre-submission conference will be held virtually at 10:00am on Friday, October 16, 2026.
Please contact Ben Wallen via email (bwallen@bnydc.org) for meeting login instructions.
2. All questions are due no later than 5 p.m. on Monday, October 26, 2026
3. Answers to questions will be provided no later than Monday, November 2, 2026.
4. All Proposals are due no later than 12 p.m. (noon) on Friday, November 13, 2026.
5. BNYDC anticipates awarding a Contract on or about Thursday, December 10, 2026.
6. BNYDC anticipates the Work will start on February 1, 2027.
C. BNYDC BACKGROUND
BNYDC is a not-for-profit corporation that serves as the real estate developer and property manager of the
Yard on behalf of its owner, the City of New York (the “City”). The 300-acre industrial park on the Brooklyn
waterfront is home to over 550 businesses employing more than 13,000 people and generates over $2
billion per year in economic impact for New York City. BNYDC’s mission is to fuel New York City’s economic
vitality by creating and preserving quality jobs, growing the City’s modern industrial sector and its
businesses, and connecting the local community with the economic opportunity and resources of the Yard.
Further information can be found at www.brooklynnavyyard.org.
D. PROJECT BACKGROUND AND CONTEXT
BNYDC is responsible for ensuring that all environmental issues at the site are addressed fully and in
accordance with all pertaining laws, regulations, best practices, and specific institutional and
environmental controls required across much of the Navy Yard, as prescribed in the Yard’s Site
Management Plan (SMP) available through Exhibit H attached hereto. As such, BNYDC is seeking a qualified
environmental consulting firm (the “Consultant”) to perform requisite environmental tasks related to
projects under the purview of the Planning & Real Estate Development and Facilities and Maintenance
departments.
Two (2) separate contracts will therefore be awarded for services relating to work under each of the
above-mentioned departments. The maximum value of each contract will not exceed $100,000 per year for
a total contract amount of $300,000 over a five (5) year contract period, with options to extend at BNYDC’s
discretion, to allow for the completion of projects assigned to the contracts or to allow funding allocation
to be fully expended. However, no minimum award amount is guaranteed.
E. SCOPE OF WORK
The full description of the Scope of Work is presented in Exhibit G, Scope of Services, attached to
this RFP.
BNYDC is seeking a qualified Consultant that can provide a multitude of environmental services in
a manner that is cost-effective and that minimizes risk and/or damage to the Yard’s assets and
disruption to the Yard’s tenants. Qualified Respondents should have extensive experience with
appropriate and effective approaches to identifying and solving environmental problems; a good
working relationship with NYSDEC; and established relationships with potential sub-consultant(s)
and laboratory facilities that use state-of-the-art engineering, technology, and chemical/materials
identification.
The Consultant will be asked to work on short-term unforeseen environmental needs, a wide
range of construction and redevelopment projects, and annual certifications and reporting. The
scope of work under this contract may include, but is not limited to, the following:
1. Voluntary Cleanup Program Compliance Services:
a. Consultant will have the primary responsibility of notifying DEC of
environmental activities in the Yard and coordinating with DEC to ensure
compliance and achieve DEC signoffs.
b. Consultant shall provide guidance to BNYDC and the Yard’s tenants regarding
IC and EC requirements and compliance.
c. Consultant will be responsible for tracking and maintaining project files for all
environmental activities in the Yard and will prepare the Site Management
Periodic Review Report, as required by the SMP.
2. Environmental Sampling Services:
a. Services may include soil, groundwater, surface water, or other media
sampling.
b. Consultant shall provide BNYDC with a project report for each assignment
which summarizes field investigation and laboratory testing and presents
recommendations based upon findings when required.
c. Consultant shall also provide remediation programs and procedures in the
case of contamination as part of their recommendations.
3. Environmental Monitoring Services:
a. Services may include air monitoring or other QEP services.
b. Consultant shall provide BNYDC with a project report for each assignment
which summarizes field investigation and laboratory testing and presents
recommendations based upon findings when required.
c. Consultant shall also provide remediation programs and procedures in the
case of contamination as part of their recommendations.
4. Environmental Administration and Compliance:
a. Consultant shall be responsible for tank monitoring and compliance and
installations or removals, as necessary.
b. Consultant shall be responsible for “Community-Right-to-Know” and other
filings.
5. Other Environmental Services:
a. Provide “on-call” or as needed environmental consulting services including
subjects such as soil, groundwater, asbestos, lead or other sampling guidance,
procedure and protocol, recommendations, analytical interpretation
assistance, defensive environmental practices that influences potential
liability, and general recommendations concerning compliance with
applicable, State, Federal and Local regulations.
b. Provide “on-call” or as needed environmental consulting services for
remediation projects, including, but not limited to preparation of design and
specifications, preparation of workplans, participation in bidding and awarding
phases of a project including assistance in the procurement of contractors, and
contract preparation and administration.
c. Provide “on-call” environmental consulting services for
development/redevelopment projects in the campus.
6. Proposals for Work:
a. BNYDC will request fee proposals for individual projects from time to time. The
Consultant shall provide an estimate identifying the tasks required, the
number of hours to be worked and positions of each person performing work
on a particular proposal. If during the actual work the number of hours is
increased by more than 15% of the estimate, the Consultant shall notify
BNYDC as soon as possible before exceeding the estimated time. BNYDC may
elect to curtail the scope of work or may require a revised scope of work to
cover the excess time. A Notice to Proceed will be issued for each work
request.
7. Staff Meetings:
a. Meet with BNYDC staff as necessary to review project progress and
deliverables throughout the duration of the contract.
F. PROPOSAL SUBMISSION REQUIREMENTS
Each Respondent to this RFP must submit its Proposal on or prior to the Proposal deadline
following the submission procedure set forth in this RFP.
Respondents shall respond to this RFP by submitting both a Technical Proposal and Fee Proposal
(collectively, a “Proposal”), as follows:
I. Technical Proposal: The Technical Proposal shall include the information outlined
below and should not include any fee or other consultant costs required for the
performance of the Work.
a. A cover letter summarizing the Respondent’s understanding of the projects and
including the company’s name and address, and the name, address and
telephone number of the person authorized to represent the responding firm.
b. Respondent’s proposed approach to the Project, including a description of all
specific tasks to be performed. The approach must address the Potential Projects
described in Exhibit G (Scope of Services). (Maximum four (4) pages).
c. Examples of a maximum of three (3) projects of similar size and type completed
by the firm in the past seven (7) years, with contact info for a project reference
(Maximum six (6) pages).
d. A statement of availability of the proposed team that will be assigned to complete
the services under this contract. (Maximum one (1) page).
II. Fee Proposal:
The completed Fee Proposal (see Exhibit F attached hereto) shall be submitted in a
separate sealed package. Respondent shall submit a Fee Proposal for all services to be
rendered with respect to the Scope of Work. When completing the Fee Proposal, please
note the following:
Each Respondent shall submit a Fee Proposal listing all anticipated staff
members/job titles with the maximum hourly rates for each job title, multiplier
for fringe benefits and maximum hourly billable rate. The form for the staffing
cost is attached hereto as Exhibit F. BNYDC encourages participation by MBEs and
WBEs in the provision of the services. For the purposes of this proposal W/MBEs
must have received certification from the NYC Dept of Small Business Services or
New York State. Each Respondent shall provide a completed Fee Proposal Form
(see Exhibit F attached hereto), along with spreadsheet backup showing the
names and titles of proposed personnel with proposed hours for this Project
broken out by project phase to match the Fee Proposal Form.
III. Additional Materials:
In addition to the information described above, Respondent’s Proposal must include:
a. Declaration of Understanding (attached as Exhibit A hereto)
b. Confirmation of PASSPort compliance (attached as Exhibit B hereto)
c. Doing Business Data Form (attached as Exhibit C hereto)
d. Vendor Information Form (attached as Exhibit D hereto)
e. Acknowledged receipt of any Addendum to this RFP by attaching a signed copy
of the Addendum to Respondent’s Proposal.
f. If a Respondent desires any material or substantive change(s) to the form of
Contract (attached as Exhibit E hereto), Respondent must include any such
proposed change(s) in its response to this RFP.
G. PROPOSAL ADMINISTRATION
1. Pre-Submission Conference:
A mandatory pre-submission conference will be held at the time and in the format described
in Section B above. Attendance at the mandatory pe-submission is a condition precedent to
BNYDC acceptance of a Proposal. Therefore, if you have not attended the mandatory pre-
submission conference, do not submit a Proposal.
2. Inquiries:
Any questions or explanation desired by Respondents regarding the meaning or interpretation
of this RFP must be emailed and received by BNYDC no later than the date described in
Section B above. BNYDC will evaluate the need to respond to inquiries. No verbal responses
will be provided, and any information given to a prospective Respondent will be furnished to
all prospective Respondents as an addendum to the RFP (an “Addendum”).
All questions must be directed to:
Shani Leibowitz
Senior Vice President Planning & Real Estate
sleibowitz@bnydc.org
3. Submission Deadline:
Respondents shall deliver one (1) digital file containing the Technical Proposal via
downloadable link and one (1) separate sealed hard copy of the Fee Proposal in an envelope
labeled “BNYDC Environmental Consultant Fee Proposal” on or before 12:00 PM on Friday
November 13, 2026 (the “Proposal Deadline”). Any Proposal received after the Proposal
Deadline will be considered for evaluation solely at the discretion of BNYDC.
Proposals shall be delivered to:
Shani Leibowitz
SVP Planning & Real Estate
141 Flushing Avenue, Suite 801
Brooklyn, NY 11205
sleibowitz@bnydc.org
4. Addenda:
Receipt of an Addendum to this RFP must be acknowledged by attaching a signed copy of the
Addendum to the Proposal. Any Addendum shall become a part of the requirements for this
RFP.
5. Interviews:
Interviews may be held with any of the Respondents after the receipt of proposals. Interviews,
if necessary, will be scheduled after BNYDC completes the initial review of Proposals.
H. SELECTION PROCESS
1. Proposal Evaluation
A BNYDC evaluation committee (the “Committee”) will perform a two-part evaluation of
all Proposals submitted by Respondents. First, the Committee will review, evaluate and
score each Respondent’s Technical Proposal on its technical merits in accordance with
established qualitative and quantitative criteria (see criteria in this Section H below and
Section G, “Proposal Submission Requirements,” above). This evaluation and scoring will
determine the Respondent’s technical rating (“Technical Score”). The Technical Proposal
evaluation criteria include, but are not limited to, the following:
a. The project team’s organization and general capacity to perform the services required
by this RFP;
b. Qualifications of the principal and project manager as well as team members,
supporting staff, and sub-consultants;
c. Relevant experience
d. Firm’s understanding of the project, technical proposal and approach; and
e. M/WBE Participation.
Each of the above evaluation criteria is weighted by a factor of importance that will
remain confidential.
After all Respondent(s) have received a Technical Score from all Committee members, the
Fee Proposals will be opened. The Respondent(s) determined by BNYDC to have the best
combination of Technical Score and Fee Proposal for the Scope of Work (or designated
portion thereof) will be determined.
2. Selection of Firm
Upon selection, the successful Respondent must execute a Contract for the Work
substantially in the form attached hereto as Exhibit E (the “Contract”). If a Respondent
desires any material or substantive change(s) to the Contract, it must include any such
proposed change(s) in its response to this RFP. The contents of the selected Proposal,
together with this RFP and any formal questions and answers provided during the Proposal
process, may be incorporated into any final Contract at BNYDC’s discretion.
I. MISCELLANEOUS CONDITIONS
1. Non-binding Acceptance of Qualifications: This RFP does not commit BNYDC to award a
contract for any work or services described herein.
2. Incurring Costs: BNYDC is not liable for any costs incurred in the preparation of a response to
this RFP.
3. Modifications: Respondents may be asked to make such revisions, additions or deletions to
their Proposals as may be required by BNYDC.
4. Reserved Rights: All Proposal material submitted becomes the property of BNYDC and BNYDC
reserves the right at its sole discretion to:
a. Reject any and all Proposals received in response to this RFP at any time prior to signing of
a contract with respect to the project described herein;
b. Award a contract to other than the lowest fee Respondent;
c. Waive, modify or correct any irregularities in Proposals received, after notification to the
Respondent;
d. Change the structure of the proposed fee, if such is in the interest of BNYDC;
e. Negotiate the final scope, staff participation, and fee before entering into contract with
successful Respondent;
f. Revise the fee as BNYDC may require subsequent to receipt of a competitively bid
proposal for the work described herein;
g. Extend the time for submission of all Proposals after notification to all prospective
Respondents;
h. Terminate negotiations with a selected Respondent and select the next most responsive
Respondent, or take such other action as deemed appropriate if negotiations fail to result
in a signed contract within a reasonable amount of time from the commencement of
negotiations;
i. Terminate or modify the RFP process at any time and reissue the RFP;
j. Approve or reject any sub-consultants proposed by the Respondent;
k. Request a change of any sub-consultant at any time in the contract process; and
l. Any information which may have been released verbally or in writing prior to the issuance
of the RFP shall be deemed preliminary in nature and bind neither BNYDC nor the
Respondent.
5. Contractual Requirements:
a. Any Respondent awarded a contract as a result of this RFP process will be required to sign
a Contract substantially in the form as attached hereto as Exhibit E, except as otherwise
provided for in this RFP.
b. Any information which may have been released verbally or in writing prior to the issuance
of the RFP shall be deemed preliminary in nature and bind neither BNYDC nor the
Respondent.
c. Any Respondent awarded a contract as a result of this RFP will be required to obtain
clearance through the City’s Procurement and Sourcing Solutions Portal (“PASSPort”).
PASSPort moves the VENDEX process online, eliminating paper submissions. Since
PASSPort clearance is a pre-requisite to BNYDC’s award of a contract, Respondents are
required to be registered and up-to-date in PASSPort prior to submitting their response to
this RFP and to include their PASSPort identification number with submission of their
Proposal. Non-compliance with these submission requirements shall result in the
disqualification of the Proposal and/or the Respondent and/or the cancellation of any
contract after its award.
Notice to Vendors: Pursuant to Local Law 34 of 2007, amending the City's Campaign
Finance Law, the City is required to establish a computerized database containing the
names of any “person” that has “business dealings with the city” as such terms are
defined in the Local Law. In order for the City to obtain necessary information to establish
the required database, vendors responding to this solicitation are required to complete
the Doing Business Data Form attached as Exhibit C hereto and return it with this
proposal. (If the responding vendor is a proposed joint venture, the entities that comprise
the proposed joint venture must each complete a Data Form.) If the City determines that
a vendor has failed to submit a Data Form or has submitted a Data Form that is not
complete, the vendor will be notified by the agency and will be given four (4) calendar
days from receipt of notification to cure the specified deficiencies and return a complete
Data Form to the agency. Failure to do so will result in a determination that the proposal
is non-responsive. Receipt of notification is defined as the day notice is e-mailed or faxed
(if the vendor has provided an e-mail address or fax number), or no later than five (5) days
from the date of mailing or upon delivery, if delivered.
BNYDC appreciates your interest in this RFP and looks forward to receiving
your Proposal.
EXHIBIT A
DECLARATION OF UNDERSTANDING
By signing in the space provided below, the undersigned certifies that the Respondent (i) has read and
understands the scope and requirements of this project, as described in the RFP and all attachments;
(ii) has the capacity to execute this project, (iii) agrees to accept payment in accordance with the
requirements of this RFP and the Contract previously entered into with BNYDC.
The undersigned further stipulates that the information in this Proposal is, to the best of his/her/their
knowledge, true and accurate.
Authorized Signature, Title Date
Respondent Firm
Business Address
City State Zip
Telephone Number Fax Number
Federal Tax Identification Number
[ ] Corporation [ ] Partnership
[ ] Individual [ ] Other (State)
(Seal, if a Corporation)
EXHIBIT B
CONFIRMATION OF PASSPORT COMPLIANCE
Respondent hereby certifies that:
(Check appropriate box)
The Respondent has submitted PASSPort questionnaire information through the link below
but has not yet received confirmation of PASSPort Compliance. Respondent acknowledges and agrees
that Confirmation of PASSPORT Compliance will be required prior to award of any On-Call Contract.
The Respondent has received Confirmation of PASSPort Compliance. Its PASSPort identification
number is _____________________.
All VENDEX processes are now completed in the PASSPort Portal, this replaces the paper forms. Please
register and complete new questionnaires as soon as possible. PASSPort will not be importing any
information from VENDEX. The main purpose of PASSPort is to be a completely paperless interactive
system.
Please access the NYC.gov PASSPort website through the link below:
https://www.nyc.gov/site/mocs/passport/about-passport.page
EXHIBIT C
DOING BUSINESS DATA FORM
[Attached]
EXHIBIT D
VENDOR INFORMATION FORM
[Attached]
EXHIBIT E
FORM OF CONTRACT
[Attached]
BROOKLYN NAVY YARD DEVELOPMENT CORPORATION
[PROJECT NAME]
CONSULTANT CONTRACT
FOR [PROFESSIONAL SERVICES]
BNYDC CONTRACT NO.
CONSULTANT CONTRACT
BROOKLYN NAVY YARD DEVELOPMENT CORPORATION
[PROJECT NAME]
CONSULTANT CONTRACT
FOR [PROFESSIONAL SERVICES]
BNYDC CONTRACT NO.
PART I SPECIFIC TERMS AND CONDITIONS
PART II GENERAL TERMS AND CONDITIONS
PART III APPENDICES
BROOKLYN NAVY YARD DEVELOPMENT CORPORATION
[PROJECT NAME]
CONSULTANT CONTRACT
FOR [PROFESSIONAL SERVICES]
BNYDC CONTRACT NO.
PART I
SPECIFIC TERMS AND CONDITIONS
Brooklyn Navy Yard Development Corporation (“BNYDC”) and the Consultant
identified below, in consideration of the mutual covenants contained in this Contract (as defined
below) and other good and valuable consideration, hereby agree to the terms and conditions set
forth in:
a. These Specific Terms and Conditions (“Part I”) set forth immediately below; and
b. The General Terms and Conditions (“Part II”) annexed hereto and made a part hereof;
and
c. The Appendices (“Part III”) annexed hereto and made a part hereof.
Capitalized terms shall have the meaning set forth in Appendix A (Definitions) unless
otherwise defined in this Contract or the context otherwise requires.
1. The Contract
1.1 Contract: These Specific Terms and Conditions (Part I), the General Terms and
Conditions (Part II) and the Appendices (Part III).
1.2 BNYDC Contract No. [ ]
1.3 Contract Date: The date of the Contract is as of [ ]
1.4 Commencement Date: [ ]
1.5 Term: [ ]
1.6 Maximum Contract Price: [ ]
1.7 Project: [ ]
1.8 Project Site: [ ]
1.9 Allowable Additional Costs: The Allowable Additional Costs are set forth on Part
II, Appendix B
2. Parties
2.1 BNYDC: BROOKLYN NAVY YARD DEVELOPMENT CORPORATION, a not-
for-profit corporation, organized under the laws of the State of New York.
2.2 President: the President of BNYDC or his designee. BNYDC has the right to
delegate the responsibilities of the President to any person or entity as the President deems
appropriate.
2.3 The Consultant: [ ], a [INSERT STATE
CONSULTANT WAS ORGANIZED AND TYPE OF BUSINESS ENTITY, e.g. a New
York corporation (or partnership, LLP or LLC)], having an office at:
Consultant Contract Number___________
Consultant_____________________________
Page 1 of 76
[ADDRESS:
]
[FEDERAL TAX ID# ]
2.4 Principal: [ ]
2.5 Person in Charge: [ ]
3. Notice Parties and Addresses
3.1 Notices to BNYDC:
Brooklyn Navy Yard Development Corporation
Building 77
141 Flushing Avenue, Suite 801
Brooklyn, New York 11205
Attn: General Counsel
3.2 Notices to the Consultant:
[NAME: ]
[ADDRESS:
Attn: ]
[INSERT SECTION 4 ONLY WHEN OUTSIDE FUNDING IS BEING UTILIZED]
4. Funding Source The payments to be made to the Consultant by BNYDC pursuant to this
Contract will be made from funds identified below and in accordance with the provisions
of Appendix I and [INSERT “APPENDIX J” IF FEDERAL ARE BEING
UTILIZED AND “APPENDIX K” IF STATE FUNDS ARE BEING UTILIZED].
The Consultant agrees to comply with the provisions of each of such Appendices.
4.1 Type of Funds: [ ]
4.2 Funding Agencies: [ ]
4.3 Inspectors: [INSERT APPROPRIATE ENTITIES AS DESCRIBED IN
PART II, Section 9.3, ]
4.4 Applicable Statutes: [ ]
4.5 Applicable Agreements: [ ].
[INSERT SECTION 5 ONLY IN SPECIAL CIRCUMSTANCES AS REQUIRED AND
APPROVED BY COUNSEL]
Consultant Contract Number___________
Consultant_____________________________
Page 2 of 76
5. Special Provisions The provisions set forth below are hereby added to and made part of
this Contract. In the event any conflict exists between any of the General Terms and
Conditions (Part II) of this Contract and these special provisions, these special provisions
shall govern.
5.1 Other Interested Parties:
5.2 [INSERT SPECIAL PROVISIONS HERE]
This Contract may be executed in counterparts, all of which counterparts, when taken together,
shall be deemed a fully executed instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed as
of the Contract Date hereinabove written.
BBROOKLYN NAVY YARD
DEVELOPMENT CORPORATION
By:
Name:
Title:
[INSERT CONSULTANT NAME]
By:
Name:
Title:
Consultant Contract Number___________
Consultant_____________________________
Page 3 of 76
BROOKLYN NAVY YARD DEVELOPMENT CORPORATION
[PROJECT NAME]
CONSULTANT CONTRACT
FOR [DESCRIBE SERVICES]
BNYDC CONTRACT NO.
PART II
GENERAL TERMS AND CONDITIONS
ARTICLE 1 GENERAL TERMS AND CONDITIONS ............................................................ 1
ARTICLE 2 COMPENSATION ................................................................................................. 4
ARTICLE 3 SUSPENSION OR TERMINATION ..................................................................... 5
ARTICLE 4 PERSONNEL AND SUBCONTRACTORS.......................................................... 8
ARTICLE 5 DOCUMENTS AND MATERIALS .................................................................... 10
ARTICLE 6 INDEMNIFICATION, CLAIMS AND INSURANCE ........................................ 13
ARTICLE 7 REPRESENTATIONS AND WARRANTIES..................................................... 16
ARTICLE 8 APPLICABLE LAWS, RULES AND REGULATIONS ..................................... 17
ARTICLE 9 MISCELLANEOUS ............................................................................................. 20
Consultant Contract Number___________
Consultant_____________________________
BROOKLYN NAVY YARD DEVELOPMENT CORPORATION
[PROJECT NAME]
CONSULTANT CONTRACT
FOR [DESCRIBE SERVICES]
BNYDC CONTRACT NO.
PART II
GENERAL TERMS AND CONDITIONS
BNYDC and the Consultant agree as follows:
ARTICLE 1
PERFORMANCE OF SERVICES
1.1 Services. The Consultant acknowledges that there must be a relationship of trust and
confidence established between the Consultant, BNYDC, and all other service providers,
therefore, Consultant covenants to furnish its best skill, judgment, expert business administration
and management in performing Consultant’s Services under this Contract (“Consultant’s
Covenant”) In reliance on Consultant’s Covenant and the terms and Conditions of this Contract
BNYDC hereby retains and engages the Consultant and the Consultant agrees to perform the
Services as described in Appendix B (Scope of Services), attached hereto.
1.2 Time for Performance of Services/Term/Delays and Force Majeure.
1.2.1 The Consultant shall commence the Services upon or promptly after the
Commencement Date and shall complete the Services and each phase of the Services within the
time or times stated for Final Completion as set forth in Appendix B, and in accordance with any
directive given and Progress Schedule approved by BNYDC, unless this Contract is earlier
terminated pursuant to Article 3 hereof.
1.2.2 This Contract shall be for the Term as set forth in Part I, Section 1.5 unless sooner
terminated pursuant to Article 3 hereof.
1.2.3 If the Consultant has been delayed and as a result will be unable to complete
performance fully and satisfactorily within the time fixed therefor, the Consultant may be
granted an extension of time fixed for performance equal to the period the Consultant was
actually and necessarily delayed upon submission of evidence of the causes of the delay, subject
to the written approval of the President in his or her sole discretion. The decision of the
President as to the granting of the extension and its length shall be binding upon the Consultant.
1.2.4 Subject to BNYDC’s determination and approval, BNYDC may extend the time
or times for performance of the Services where such performance has been substantially
obstructed, hindered or delayed by reason of acts of Force Majeure. The Consultant shall have
no claim against BNYDC or the City for any loss or damage sustained by the Consultant or for
Consultant Contract Number___________
Consultant_____________________________
any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise,
through such delay, hindrance or obstruction.
1.3 Complete Work and Timing and Sequence/Meetings. It is the intent of the parties that
the provisions of this Contract shall not be construed so as to limit the Services, but that the
Services shall include all acts necessary to fully and finally complete the work described in
Appendix B hereof. The Consultant shall schedule and perform the Services in a manner so as
to permit their completion diligently and expeditiously. The Principal, the Person in Charge and
such other Representatives of the Consultant as may be required under the circumstances shall be
available to meet with the President or her or his designee as often as necessary to effectively
perform the Services, and as often as may be specified in Appendix B.
1.4 Authority of President/Performance of Services.
1.4.1 The Services to be performed by the Consultant shall at all times be subject to the
review, direction and control of the President, whose decision shall be final and binding upon the
Consultant. The President shall have the right to determine the amount, quality, acceptability
and fitness of the Services and her or his approval shall be a condition precedent to the right of
the Consultant to receive any compensation under this Contract. The President shall act
reasonably in exercising her or his authority under this Contract. The President and any other
person or agent duly authorized to act for and on behalf of BNYDC shall not, by virtue of such
authority or action, be liable in any manner to the Consultant.
1.4.2 The Consultant’s performance under this Contract shall be judged by standards
typical of consultants in the same or similar practice areas in the New York City Statistical
Metropolitan Area (“NYCSMA”). The Consultant agrees to perform all of the Services in a
professional manner and in accordance with the highest standard and practices as are customary
for such Services in the NYCSMA, as the President may deem appropriate and acceptable.
1.5 Changes to the Services.
1.5.1 The Consultant shall not make any changes in the Services without prior
authorization in writing from the President. The Consultant shall revise or correct any Work
Product submitted in accordance with this Contract until accepted by the President and accepted
by all agencies whose approval is required, without additional compensation or time extension.
Any changes to the performance of the Services or the Work Product which are necessary due to
improper performance of the Services, a defect of design, unworkability of details or other fault
or error of the Consultant shall be made by the Consultant, also without additional compensation
or time extension.
1.5.2 The President shall have the right to alter the Services, provided however, that if
the Consultant believes that any work or services that it has been directed to perform as a result
of such alteration is beyond the Scope of Services and constitutes Extra Work, the Consultant
shall so notify the President in writing within three (3) days of such directive. The President
shall determine whether such altered Services are (i) within the Scope of Services; or (ii) Extra
Work that is substantially within the general purview of the Scope of Services and constitutes an
Consultant Contract Number___________
Consultant_____________________________
Allowable Additional Cost; or (iii) Extra Work requiring an amendment to the Scope of Services
and the Contract. The President’s determination shall be final, binding and conclusive.
1.5.3 The President reserves the right to reduce the Scope of Services under this
Contract by notice to the Consultant specifying the nature and extent of such reduction. The
Consultant shall be compensated for all Services satisfactorily performed prior to the reduction
and for Services satisfactorily performed thereafter. If said reduction results in a credit for
BNYDC, such credit shall be immediately due and owing to Corporation, and the Consultant
shall either pay such credit to BNYDC or BNYDC may withhold the credit amount from any
future payments by BNYDC to the Consultant, at the exclusive option of BNYDC.
1.6 Equipment.
1.6.1 The Consultant, at its own expense, shall secure all supplies, materials and
equipment required to perform and complete the Services.
1.6.2 The Consultant, at its sole cost and expense, shall bear the risk of loss for any
supplies, materials and equipment used to perform the Services whether such loss arises by
reason of fire, theft, vandalism, negligence or any other cause whatsoever. Consultant, at its sole
cost and expense, shall promptly replace or repair all such lost, stolen or damaged supplies,
materials and equipment.
1.6.3 The Consultant, at its sole cost and expense, shall maintain all of its supplies,
materials and equipment in good working and serviceable order so as to enable the Consultant to
perform the Services in a first-class and professional manner.
1.6.4 The Consultant shall be solely responsible for the means and methods and the
safety and protection of all its employees and shall assume all liability for injuries, including
death that may occur to such employees due to the act, omission, negligence, fault or default of
the Consultant.
1.7 Services Subject to the City Contract and/or the Lease, Indemnification and Third Party
Beneficiary.
This Contract is a subcontract under either the City Contract or the Lease. The
Consultant acknowledges that it has reviewed the City Contract and the Lease and agrees to
comply with the City Contract or the Lease with respect to the Services and not to violate, or
through its acts or failure to act cause BNYDC to violate, the City Contract or the Lease. To the
fullest extent permitted by law, the Consultant agrees to defend, indemnify and hold harmless
BNYDC from any claim, liability or judgment to which BNYDC may be subject because of any
such action or failure to act. The City shall be a third party beneficiary of this Contract and shall
have a direct cause of action against the Consultant in the event that any claim be made or any
cause of action be brought against BNYDC or City or if the Consultant breaches this Contract.
Consultant Contract Number___________
Consultant_____________________________
1.8 Acts to be performed by BNYDC.
BNYDC shall perform the following acts in connection with this Contract:
1.8.1 BNYDC shall make available to the Consultant all relevant technical data (subject
to the provisions of Part II, Section 5.3 herein) in regard to this Contract which is under the
control of, or in the possession of BNYDC.
1.8.2 BNYDC shall designate a Project Manager to serve as a liaison between BNYDC
and the Consultant.
ARTICLE 2
COMPENSATION
2.1 Payments.
2.1.1 Subject to, and in accordance with this Article 2, BNYDC shall pay to the
Consultant, and the Consultant agrees to accept, in full consideration for the Services, and for all
expenses of the Consultant in connection therewith, including Subcontractors’ Costs and
Allowable Additional Costs, an amount not to exceed the Maximum Contract Price, payable as
provided for in this Section 2.1 and in Appendix C.
2.1.2 Requisitions shall be in a form acceptable to BNYDC and shall be supported by
all appropriate and necessary documentation or other evidence relating to the amounts set forth
in the Requisition, as BNYDC may require including, but not limited to invoices, receipts and
vouchers from subcontractors and suppliers and where applicable, the time sheets and/or
certified payroll reports of the Consultant’s staff and its Principal.
2.1.3 The President shall review the Requisitions and the Work Product. If, in her or
his judgment, the Services have been satisfactorily performed in accordance with this Contract,
the President will approve the Requisition. All payments to the Consultant will be made in
accordance with this Article 2.
2.1.4 Subject to 3.5.3, Final Payment will be due only upon Final Completion.
2.1.5 The Consultant, with the President’s prior approval, may exceed the Maximum
Payment allocated to a particular Portion of the Services if the Consultant determines that the
Maximum Payment initially allocated to the Portion is insufficient to adequately perform the
Portion of the Services and if the Consultant demonstrates to the President a savings with respect
to another Portion of the Services which is at least equal to the amount of such excess. However,
notwithstanding the above, in no event shall BNYDC pay the Consultant more than the
Maximum Contract Price.
2.2 Miscellaneous Payment Provisions.
2.2.1 If BNYDC shall have reasonable grounds for believing that:
Consultant Contract Number___________
Consultant_____________________________
(i) the Consultant will be unable to perform the Services or any Portion
thereof fully and satisfactorily in accordance with any Progress Schedule; or
(ii) a meritorious claim exists or will exist against BNYDC, the Consultant or
the City arising out of the act, omission or negligence of the Consultant or the Consultant’s
breach of any provision of this Contract,
then BNYDC may withhold payment of any amount otherwise due and payable to the Consultant
hereunder. Any amount so withheld may be retained by BNYDC for such period as it may deem
advisable to protect BNYDC and the City against any loss and may, after written notice to the
Consultant, be applied in satisfaction of any claim herein described.
2.2.2 By virtue of making payments to the Consultant BNYDC shall not be deemed to
have released the Consultant from any claim or liability, or to have waived any cause of action
arising from any breach of this Contract.
2.2.3 Upon acceptance by the Consultant of the Final Payment, the Consultant agrees
that it shall be deemed to have fully released BNYDC and the City from any and all claims,
demands and causes of action whatsoever which the Consultant has or may have against
BNYDC or the City in connection with this Contract and, upon the request of BNYDC, shall
execute a release to such effect.
2.2.4 All payments to the Consultant under this Contract shall be subject to all
applicable Legal Requirements.
ARTICLE 3
SUSPENSION OR TERMINA
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