Preview
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
EXHIBIT F
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
From: Andrea Steele
Sent: Tuesday, August 1, 2023 3:09 PM
To: Crupi, Joseph (DDC); Macfarlane, Eric (DDC); Foley, Thomas (DDC)
Cc: John Steele
Subject: Follow up to DSNY Queens 11/13 Contract Expiration
Attachments: Task Order Contract Expiration DSNY Queens 11/13 Garage Rehabilitation (S136-423)
Good A ernoon Commissioners Foley, MacFarlane and Crupi:
I am reaching out again on the issue of the expira on of the task order for the DSNY Queens 11/13 Garage.
Unfortunately, ASA did not receive a response to our prior correspondence a emp ng to address this issue with DDC,
which I’ve a ached for reference. It is our understanding the design services task order has expired on its own terms.
This is consistent with the contract registra on status available from the NYC Comptroller as well. We’ve included a
screenshot from the NYC Comptroller’s “Checkbook” database, below, which you can view directly by visi ng the link:
h ps://www.checkbooknyc.com/smart_search/citywide?search_term=*!*domain=contracts*!*vendor_name=andrea%
2Bsteele%2Barchitecture%2Bpc
Is there an intent that DDC will seek to register an extension of some kind? Our understanding is that, without an ac ve
registra on any con nued services rendered by ASA would be considered work “at risk”. If your understanding differs,
please let us know right away. Any clarity you can provide as to how DDC wishes to proceed, if at all, would be greatly
appreciated.
Thank you,
Andrea
1
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
Category-
Expense Status: Active
Agency-
Department of Design and Construction Prime Vendoc ANDREA STEELE ARCHITECTURE PC
Expense Catego·r CONTRACTUAL SERVICES GENERAL, Associated Prime Vendor N/A
DESIGN-CONSULTANT-BUILDINGS, PROF SERV ENGINEER &
ARCHITECT
Category-
Current Amount: $4.55M M/WBE Women (Non-Minority)
Original Amount: $2.46M Woman Dwned Business: Yes
Start date: March 6, 2017 Emerging Business: No
End Date: J0lyW4023 Contract ID: CTAl8502077720B707
Registration date: March 1, 2017 Parent Contract ID
- 9
Received date: Version Number
Award Method: MULTIPLE AWARDS Contract type: REQUIREMENTS-SERVICES
APT PIN: Purpose: Six Architectural &Engineering Design Reqt
Contracts
Industry-
PIN: 8502110322001 Professional Services
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
From: "Rachel John, Esq."
Sent: Tuesday, May 30, 2023, 12:34 PM
To: "foleyt@ddc.nyc.gov" ; "VaroliD@ddc.nyc.gov"
Cc: Andrea Steele ; John Steele ; "James H. Rowland,
Esq."
Subject: Task Order Contract Expiration DSNY Queens 11/13 Garage Rehabilitation (S136-423)
Attachments: Letter to DDC re Expiration_ASA May 30 2023.pdf; TO and STOs 001-008 DSNY
Queens.pdf; 230131 email re Contract Expiration.pdf; 230413 email re Contract Expiration.pdf; Parent
Contract - 01 DSNY Queens.pdf
Commissioners,
I hope this finds you well and you each had a lovely holiday weekend. This office represents Andrea
Steele Architects, P.C. (ASA). We are elevating queries about ASA’s Child Contract for the DSNY Queens
11/13 Garage Rehabilitation to your attention as ASA has not received any response at other levels
within DDC. We feel strongly that it is important to address the pending expiration proactively and as
soon as possible.
Please find correspondence explaining the matter attached, as well as copies of prior correspondence
and the Parent Contract, Task Order and Supplemental Task Orders.
Thank you.
Best regards,
Rachel
Rachel John, Esq.
Associate
Zetlin & De Chiara rjohn@zdlaw.com
LLP D: 212.300.1499
801 Second Avenue O: 212.682.6800
New York, NY 10017
www.zdlaw.com
This message originates from the law firm of Zetlin & De Chiara LLP. The message and any file transmitted with it
contain confidential information which may be subject to the attorney-client privilege, or otherwise protected
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FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
From: Andrea Steele
To: Ziedonis, John (DDC)
Subject: DSNY Queens | follow up to call
Date: Tuesday, January 31, 2023 5:15:00 PM
John,
I thought I had sent the email below following our 1/17 call – but could not find in sent folder – so
you may have twice.
Thanks,
Andrea
--
John,
I appreciate the constructive conversation to help our Projects move along smoothly.
I wanted to follow up on the critical points of our conversation. ASA is in a very bad situation with
the $1.5M fee shortage on a project that has already extended 3 years beyond the original
expiration date without any additional compensation. It’s unbearable.
Regarding the fee shortage, I appreciate your suggestion to submit an ASR to compensate ASA for
the miscalculation of the Design Fee. I will submit soon.
Regarding the Contract Extension, we disagree that the contract continues in perpetuity. The parent
contract is tied to the task orders and each task order has an expiration date. If you review the
provisions in the PPB with respect to time extensions, there is no unilateral right to extend the
contract in perpetuity. The Task Order (and each Supplementary Task Order) states an end date for
services (this is also referenced in Section 3.2 of the parent contract). We urge you to verify the
expiration date of July 31, 2023, with DDC’s contracting office or by reviewing the contract
information available on the Comptroller’s website. Other than Section 4-03 of the PPB Rules, there
is no mechanism for DDC to extend the time of existing task orders. Nor are disputes regarding time
extensions subject to the Commissioner’s determination/Comptroller/CDRB process, which only
applies to disputes of scope.
We would like to avoid a very difficult road ahead. I hope you will support ASAs request for the ASR
and additional compensation during any Contract Extension. The Design Team has already provided
services for an additional 3 years without any compensation. The Design Team must be
compensated fairly if the child contract is to be extended.
Thank you,
Andrea
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
From: Andrea Steele
Sent: Thursday, April 13, 2023 2:38 PM
To: Ziedonis, John (DDC)
Subject: RE: Q11/13 Contract
John,
If you review our prior correspondence, you will see that ASA has already provided the information you are seeking. As
stated in my January 31, 2023 email, neither the parent, nor the child contracts continue in perpetuity. A step-by-step
explanation of the contract provisions, time frames and PPB Rules at issue is included below for your review and
comment.
As you know, DDC has already exercised its option to extend the parent contract for 1 additional year, so the parent
contract continues solely for the purpose of administering the existing Task Orders. Based on the plain language of the
contract and task orders, it is our understanding that ASA’s child contract for services on the DSNY Queens 11/13 Garage
Rehabilitation (S136-423) project (the “Project”) will expire on July 27, 2023. We have consulted the PPB Rules and there
does not appear to be any mechanism for DDC to extend the duration of the child contract unilaterally.
If our analysis below is in error, please respond in kind with a detailed explanation, including any legal basis provided in
the PPB Rules or other applicable law permitting DDC to unilaterally extend its contracts in perpetuity. In the absence of
a convincing response, we reserve the right to challenge any attempt by DDC to unilaterally extend the duration of our
contract in a manner that is inconsistent with the contract and applicable law. In the meantime, ASA remains willing and
able to perform its services per the contract.
To be clear, while we would like to see this Project through to completion, ASA does not – and cannot – consent to work
at-risk on this Project. Even were we not a small business operating in a tight labor market amid pandemic-recovery and
historic inflation, it is simply unjust for DDC to extract services without compensation or an enforceable agreement for
such compensation. Nor will our subconsultants consent to work with us under these conditions.
Thank you for your time and consideration. We are aware that the process of obtaining funding and registering any kind
of change or update to a contract takes time, so we hope you will respond promptly.
Step 1 – The Parent Contract
The parent contract expressly provides that a time for completion will be provided in the task order. Section 3.1
of the parent contract provides very clearly that the parent contract is for a term of 3 years, which may be extended for
an additional year for good and sufficient cause. Although Section 3.1 references renewal, there is no renewal term
expressed in in Exhibit A and contracts may not be amended to add a renewal provision (see PPB Section 4-02(b)(2)).
The parent contract began in 2013 and expired in 2017, inclusive of the extension term, but for continuation per Section
3.2 of the Parent Contract.
1
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
ARTICLE 3 Time Provisions
3.1 Term of Contract: The Contract shall conunence on the date of registration by the Comptroller and shall rernain in
effect for the period set forth in Exhibit A. At the Cornmissioner's sole option, the term of this contract may be renewed
for the period and for the increased amount set forth in Exhibit A. In addition, the Conunissioner may, for good and
sufficient cause, extend the tenn of this Contract for a cumulative period not to exceed one year from the date of expiration.
3.2 Continuation: In the event (1) services are required with respect to a Project, (2) a Task Order for the Project is
issued by the Commissioner and registered by the Comptroller during the term of the Contract, including the last day
thereof, and (3) the time frame for completion of the Project extends beyond the term of the Contract, the Contract shall
remain in effect for purposes of such Task Order through the time frame for completion of the Project, as set forth in the
Task Order or any Supplementary Task Order required to complete the Project. For the purpose of this provision, the term
of the Contract shall mean whichever of the following is the latest and actual final period of the Contract: (1) the term of the
Contract, (2) the extended term of the Contract, or (3) the renewal term of the Contract.
EXHIBIT A
CONTRACT INFORMATION
(1) TYPE OF PROJECTS: New Construction or Renovation Projects
Estimated Construction Cost: More than $15,000,000
City Wide / All Five Boroughs
(2) DIVISION OF PUBLIC BUILDINGS; The Division of Public Buildings is organized into the following Program
Units: Police, Fire, Transportation, Cultural Institutions, Courts, Corrections, Health, DJJ, DEP, Libraries and
Human Services. Task orders issued to the Consultant pursuant to this contract may involve projects for any of these
Program Units, as well as projects for other divisions within the agency.
(3) TOTAL AMOUNT: Not to Exceed: $10,000,000
(4) CONTRACT TIME FRAME:
" Contract Term: Duration: 1095 consecutive calendar days ("ceds")
" Extension: Duration: 365 ccds
Per Section 3.2 of the parent contract, the parent contract remains in effect solely for the purpose of
administering any ongoing child contracts (each a Task Order), "as set forth in the Task Order or any Supplementary Task
Order". The parent contract does not permit the DDC to issue Task Orders in perpetuity and expressly references a time
frame for completion of each project, which time frame is set forth in the Task Order or Supplemental Task Order.
ARTICLE 3 Time Provisions
3.1 Term of Contract: The Contract shall conunence on the date of registration by the Comptroller and shall rernain in
effect for the period set forth in Exhibit A. At the Cornmissioner's sole option, the term of this contract may be renewed
for the period and for the increased amount set forth in Exhibit A. In addition, the Conunissioner may, for good and
sufficient cause, extend the term of this Contract for a cumulative period not to exceed one year from the date of expiration.
3.2 Continuation: In the event (1) services are required with respect to a Project, (2) a Task Order for the Project is
issued by the Commissioner and registered by the Comptroller during the term of the Contract, including the last day
thereof, and (3) the time frame for completion of the Project extends beyond the term of the Contract, the Contract shall
remain in effect for purposes of such Task Order through the time frame for completion of the Project, as set forth in the
Task Order or any Supplementary Task Order required to complete the Project. For the purpose of this provision, the term
of the Contract shall mean whichever of the following is the latest and actual final period of the Contract: (1) the term of the
Contract, (2) the extended term of the Contract, or (3) the renewal term of the Contract.
Step 2-The Child Contract
Consistent with Section 3.2 of the parent contract, the Task Order for the Project states very clearly in Section
Order"
D.1 ("Task Order Data") that the "Total Duration of this Task is 1282 consecutive calendar days ("ccds") from
registration. The Task Order was registered on March 1, 2017, which means that, but-for the issuance of additional
services or reallocation of fees via Supplemental Task Orders, the child contract expired on September 3, 2020.
2
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
C.Seppeofilfork/Juslilication (CompletePage 2 of this torm)
D/I Taik©rderSstafNot ApplicabletoSupplemental TaskOrders):
nesianDasnoiddework
webe: AtReg,
TeesomationormisTask
order: mer n-ag.n"""nor ® eaur conmousuensanimenomases ordr
Subsequently, a total of 8 Supplemental Task Orders (each an "STO") have been issued or are pending
registration. These are summarized below for your convenience. STO 003AS002 added 815 ccds and STO 003AS003
added another 242 ccds, for a total Task Order duration of 2,339 ccds from March 1, 2017, which is July 27, 2023. July
31, 2023, is referenced in Section G on STOs 003AS003 and 003AS007, but this date could not be verified as related to
any particular cont act provision or document and appears to be simply a miscalculation.
STO # R. Date D.2 Duration
02 a'''"""'''**k°"'" ""ª"""a""°''""" 8"""d""a" O'"""' °°"===
003AS001 5/7/18
sar.ao.o.,v ..e.e..o-a.ne e.c-e-a----r c,or
o.2lfsupplementalTask Order: TNsSupplemental
TaskOrder
wE , Mave
noeNact
on 15Incsease O Decrease
003AS002 5/28/19
"Ca°i°JoW FW ..o.: ...o a..s-e ..4.: e.e.na.se-.o-as-or ..e.:
003AS003 5/26/21 giggsgidihentitlTask Order05tit
This Supplemental Task Order will: Increase
Total Duration of this Task Order: 242 Design Duration: 0 Construction Services Duration: 242
003AS004 3/6/20 ggj$il MetisAmig$rgi(sil
This Supplernantal Task Order will: Have no offecton
Total Duration of this Task Order:0 Design Duration: Construction Services Duration:
003AS005 8/19/20 ERIBlillMtsistupitortivitamit
This Supplernental Task Order will: WillMRii
Total Duration of this Task Order: t@82mtDesign Duration:O Construction Services Duration: 0
[1]
003AS006 5/26/22
This Supplernental Task Order will: Have no effect on
Total Duration of this Task Order:0 Design Duration:0 Construction Services Duration: 0
003AS007 2/22/23
This Supplernental Task Order will: Have no effect on
Total Duration of this Task Order:0 Design Duration:0 Construction Services Duration: 0
003AS008 Pending? _1
This Supplernantal Task Order will: Have no effect on
Total Duration of this Task Order:0 Design Duration: O Construction Services Duration: 0
Step 3 -The PPB Rules
There are a handful of provisions that could be relevant to the current situation, none of which appear to give
DDC an option to unilaterally extend the contract time in the absence of extra work:
" PPB Section ("Types of Changes provides for changes due to authorized additional work (§4-
4-02(b) Permitted")
02(b)(1)(ii)) and extensions for good and sufficient cause of up to 1year (§4-02(b)(1)(iiI)), which the DDC has
already exercised per Section 3.1 of the parent contract;
" PPB Section 4-02(c) provides that extensions of time may be permitted in conjunction with extra work
performed or to be performed pursuant to a written change order; and
" PPB Section 4-03(b) provides that a vendor may seek additional time to perform based upon underlying delays
to the project, including delays in construction per Section 4-03(b)(4).
3
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
If you are aware of additional or alternative rules or laws that provide for contracts to be extended in
perpetuity, please advise us of the same so that we may proceed accordingly.
Thank you,
Andrea
From: Ziedonis, John (DDC)
Sent: Tuesday, April 11, 2023 4:50 PM
To: Andrea Steele
Subject: Q11/13 Contract
Andrea:
Again, per our discussion send me your interpretation of your Q11/13 contract, quoting specifics sections of the contract
to which you are referring, and including section numbers, etc. As I understood your statement, your supposition is that
your contract is about to expire and you want to renegotiate your Q11/13 contract with DDC.
Do not ask your subs for any proposals, you are only sending your written interpretation of your contract in support of
your point of view. Thanks.
John Ziedonis | Director, Public Buildings
New York City Department of Design and Construction
30-30 Thomson Avenue, Long Island City, NY 11101
O: 718-391-2864 | C: 347-203-9183 | ziedonijo@ddc.nyc.gov | nyc.gov/ddc
To help protect y ou r priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.
corporate lo go
[1]
Obscuring “xxxxx” is from August 19 from user “chockals”, which we assume is Sundari Chockalingam of DDC.
4
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
May 30, 2023
Via E-Mail: VaroliD@ddc.nyc.gov and FoleyT@ddc.nyc.gov
Commissioner Thomas Foley
NYC Dept. of Design and Constr.
30-30 Thomson Ave.
Long Island City, NY 1110
Deputy Commissioner David Varoli, Esq.
NYC Dept. of Design and Constr.
30-30 Thomson Ave.
Long Island City, NY 1110
Re: Design Parent Contract No. 20136200676
Design Task Order No. 20177206107
DSNY Queens 11/13 Garage Rehabilitation (S136-423) (the “Project”)
Dear Commissioners Foley and Varoli:
This office represents Andrea Steele Architecture P.C. (“ASA”). We write to ensure that
your respective offices are aware of the upcoming July 27, 2023, expiration of the design
services contract for Task Order No. 20177206107 (the “Task Order”), issued under New York
City Department of Design and Construction (“DDC”) Requirements Contract for Architectural,
Engineering and Construction Related Services No. 20136200676 (the “Parent Contract”). To
the extent you disagree with our understanding, we request that we be informed of the
contractual basis for your contention that the Task Order does not expire on or about July 27,
2023, so that ASA may act in accordance with its contract.
ASA has previously communicated both its understanding and request for review to the
project team without response on January 31, 2023, and April 13, 2023. A copy of the prior
correspondence is included with this letter. ASA was scheduled to meet with DDC senior
leadership on May 23, 2023, where this matter was to be discussed, but the meeting was
cancelled by DDC without follow-up.
As you may be aware, the Parent Contract was registered on or about April 15, 2013, and
has a three-year base term with a one-year extension available at DDC’s option, which DDC
exercised to extend the expiration date of the base term of the Parent Contract to on or about on
or about April 13, 2017. The Task Order was issued on or about June 28, 2016, although not
registered until March 1, 2017. The Task Order has been supplemented through the issuance of
supplemental task orders 003AS001-003AS008 (each an “STO” and, collectively with the Task
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
Expiration of Design Task Order No. 20177206107
DSNY Queens 11/13 Garage Rehabilitation (S136-423)
May 30, 2023
Page 2
Order and Parent Contract, the "Child Contract"), which collectively extended the term of the
Child Contract until July 27, 2023 (or July 31, 2023, depending on whether the stated quantity of
days or dates should control). A copy of each of the Child Contract documents has been provided
with this correspondence.
Per our analysis of the Child Contract, in the absence of additional services being
required pursuant to registration of an additional STO, ASA's work on this Project will cease
when the Child Contract expires. This is generously calculated using the registration date of the
Task Order, not the issuance date of the same, which preceded registration by more than seven
months. We ask that DDC confirm the same or provide information supporting calculation of an
alternative date. It is our understanding that, pursuant to Section 3.2 of the Parent Contract, the
Parent Contract will continue for the purposes of other active task orders for other projects that
have not expired, even as this Child Contract expires.
The basis for our calculation is succinctly described in the table below. ASA has also
provided a detailed explanation of the Child Contract and Procurement Policy Board Rules
relevant to this calculation in its April 13, 2023 email.
TO/
ST Exp.
O# R. Date Duration Provision Date
TO """"°""'°ª"*°'^a**""S"a*"""''"°"""d
3/1/17 9/3/20
matinomiserm"oltate: Sures. OF g eg. WNMn Rug, PM
[jilTEDhy
003 ,_,,,_ 12s2 ,, sso - c..,,,,,, 7s2 ,,
"'"'""....""""""""ª°""" ""ª~°** ""-"*"" °""" °° "
001 5/7/18 9/3/20
ofIkeTestOrderby crektheDesign
DurmGon
by: offlrdeComLSeptDm.Non
by ceds:
"2".S.""""""°"""""°""" """""-""'""°* "-**" ""°'"" °°"'""
002 5/28/19 11/27/22
oftheTaskOnserby: cods:theDesign
Duragon
by: Serr.
theConeL
cods: Durason
by code:
003 5/26/21 watowmane 7/27/23
ThisSupplernentalTaskOrderwill: Increase
TotalDurationof this TaskOrder:242 DesignDuration:0 ConstructionServicesDuration:242
004 3/6/20 AMMimarmammatomirome 7/27/23
ThisSupplernentalTaskOrderwilt: Havenoeffecton
TotalDurationof this TaskOrder:0 DesignDuration: ConstructionServicesDuration:
005 8/19/20 ansmemeam5 7/27/23
ThisSupplernentalTaskOrderwill: SidE6dF
TotalDurationof this TaskOrder:1882mtDesignDuration:0 ConstructionServicesDuration:0 1
006 5/26/22 AEAlilliMMM8mam 7/27/23
This SupplementalTaskOrder wiM:Haveno effect on
Total Duration of this TaskOrder: 0 Design Duration:0 construction services Duration:0
1 "xxxxx"
Obscuring is from August 19, 2022, from user "chockals", which we assume is Sundari Chockalingam of DDC.
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
Expiration of Design Task Order No. 20177206107
DSNY Queens 11/13 Garage Rehabilitation (S136-423)
May 30, 2023
Page 3
007 2/22/23 7/27/23
008 4/17/23 7/27/23
As the Child Contract will expire while construction of the Project remains unfinished,
and it is ASA’s intent to comply with the Child Contract, we wanted to draw DDC’s attention to
the upcoming expiration date and offer an opportunity for DDC to provide additional
information on the same.
ASA remains committed to providing design services for the Project through the date of
expiration of the Child Contract in accordance with its terms and is willing to discuss an
extension of the Child Contract and/or requests for additional services from DDC. Please contact
us if you have questions or need clarification on any of the above or would like to arrange a
meeting to discuss the pending expiration of the Child Contract.
Thank you.
Sincerely,
Rachel C. John
Cc: J. Rowland, Esq. (ZD)
A. Steele
J. Steele
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
THE CITY OF NEW YORK
DEPARTMENT OF DESIGN AND CONSTRUCTION
30-30 THOMSON AVENUE
LONG ISLAND CITY, NEW YORK NEW YORK 1I101
REQUIREMENTS CONTRACT FOR
ARCHITECTURAL, ENGINEERING AND
CONSTRUCTION RELATED SERVICES
FMS ID: RFP-6
REGISTRATION
NUMBER: c20 /3 Co Q OO 67 o
PIN NUMBER: 8502012VPOO32P
CONSULTANT: Enrique Norten Architecture, PC dba TEN ARQUITECTOS
11ª¹
227 West 29th Street, Floor
New York, NY 10001
Telephone: 212-620-0794
Facsimile: 212-620-0798
EIN: 80-0069231
Standard Requirements Contract
Architectural, Engineering and Construction Related Services
September 2012
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024
THIS AGREEMENT, made and entered into this day of _ ,
Preview
FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 EXHIBIT F FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 From: Andrea Steele Sent: Tuesday, August 1, 2023 3:09 PM To: Crupi, Joseph (DDC); Macfarlane, Eric (DDC); Foley, Thomas (DDC) Cc: John Steele Subject: Follow up to DSNY Queens 11/13 Contract Expiration Attachments: Task Order Contract Expiration DSNY Queens 11/13 Garage Rehabilitation (S136-423) Good A ernoon Commissioners Foley, MacFarlane and Crupi: I am reaching out again on the issue of the expira on of the task order for the DSNY Queens 11/13 Garage. Unfortunately, ASA did not receive a response to our prior correspondence a emp ng to address this issue with DDC, which I’ve a ached for reference. It is our understanding the design services task order has expired on its own terms. This is consistent with the contract registra on status available from the NYC Comptroller as well. We’ve included a screenshot from the NYC Comptroller’s “Checkbook” database, below, which you can view directly by visi ng the link: h ps://www.checkbooknyc.com/smart_search/citywide?search_term=*!*domain=contracts*!*vendor_name=andrea% 2Bsteele%2Barchitecture%2Bpc Is there an intent that DDC will seek to register an extension of some kind? Our understanding is that, without an ac ve registra on any con nued services rendered by ASA would be considered work “at risk”. If your understanding differs, please let us know right away. Any clarity you can provide as to how DDC wishes to proceed, if at all, would be greatly appreciated. Thank you, Andrea 1 FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 Category- Expense Status: Active Agency- Department of Design and Construction Prime Vendoc ANDREA STEELE ARCHITECTURE PC Expense Catego·r CONTRACTUAL SERVICES GENERAL, Associated Prime Vendor N/A DESIGN-CONSULTANT-BUILDINGS, PROF SERV ENGINEER & ARCHITECT Category- Current Amount: $4.55M M/WBE Women (Non-Minority) Original Amount: $2.46M Woman Dwned Business: Yes Start date: March 6, 2017 Emerging Business: No End Date: J0lyW4023 Contract ID: CTAl8502077720B707 Registration date: March 1, 2017 Parent Contract ID - 9 Received date: Version Number Award Method: MULTIPLE AWARDS Contract type: REQUIREMENTS-SERVICES APT PIN: Purpose: Six Architectural &Engineering Design Reqt Contracts Industry- PIN: 8502110322001 Professional Services FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 From: "Rachel John, Esq." Sent: Tuesday, May 30, 2023, 12:34 PM To: "foleyt@ddc.nyc.gov" ; "VaroliD@ddc.nyc.gov" Cc: Andrea Steele ; John Steele ; "James H. Rowland, Esq." Subject: Task Order Contract Expiration DSNY Queens 11/13 Garage Rehabilitation (S136-423) Attachments: Letter to DDC re Expiration_ASA May 30 2023.pdf; TO and STOs 001-008 DSNY Queens.pdf; 230131 email re Contract Expiration.pdf; 230413 email re Contract Expiration.pdf; Parent Contract - 01 DSNY Queens.pdf Commissioners, I hope this finds you well and you each had a lovely holiday weekend. This office represents Andrea Steele Architects, P.C. (ASA). We are elevating queries about ASA’s Child Contract for the DSNY Queens 11/13 Garage Rehabilitation to your attention as ASA has not received any response at other levels within DDC. We feel strongly that it is important to address the pending expiration proactively and as soon as possible. Please find correspondence explaining the matter attached, as well as copies of prior correspondence and the Parent Contract, Task Order and Supplemental Task Orders. Thank you. Best regards, Rachel Rachel John, Esq. Associate Zetlin & De Chiara rjohn@zdlaw.com LLP D: 212.300.1499 801 Second Avenue O: 212.682.6800 New York, NY 10017 www.zdlaw.com This message originates from the law firm of Zetlin & De Chiara LLP. The message and any file transmitted with it contain confidential information which may be subject to the attorney-client privilege, or otherwise protected against unauthorized use. The information contained in this message and any file transmitted with it is transmitted in this form based on a reasonable expectation of privacy consistent with ABA Formal Opinion No. 99-413. Any disclosure, distribution, copying or use of the information by anyone other than the intended recipient, regardless of address or routing, is strictly prohibited. If you have received this message in error, please advise sender by immediate reply and delete the original message. Personal messages express views solely of the sender and are not attributable to Zetlin & De Chiara LLP. FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 From: Andrea Steele To: Ziedonis, John (DDC) Subject: DSNY Queens | follow up to call Date: Tuesday, January 31, 2023 5:15:00 PM John, I thought I had sent the email below following our 1/17 call – but could not find in sent folder – so you may have twice. Thanks, Andrea -- John, I appreciate the constructive conversation to help our Projects move along smoothly. I wanted to follow up on the critical points of our conversation. ASA is in a very bad situation with the $1.5M fee shortage on a project that has already extended 3 years beyond the original expiration date without any additional compensation. It’s unbearable. Regarding the fee shortage, I appreciate your suggestion to submit an ASR to compensate ASA for the miscalculation of the Design Fee. I will submit soon. Regarding the Contract Extension, we disagree that the contract continues in perpetuity. The parent contract is tied to the task orders and each task order has an expiration date. If you review the provisions in the PPB with respect to time extensions, there is no unilateral right to extend the contract in perpetuity. The Task Order (and each Supplementary Task Order) states an end date for services (this is also referenced in Section 3.2 of the parent contract). We urge you to verify the expiration date of July 31, 2023, with DDC’s contracting office or by reviewing the contract information available on the Comptroller’s website. Other than Section 4-03 of the PPB Rules, there is no mechanism for DDC to extend the time of existing task orders. Nor are disputes regarding time extensions subject to the Commissioner’s determination/Comptroller/CDRB process, which only applies to disputes of scope. We would like to avoid a very difficult road ahead. I hope you will support ASAs request for the ASR and additional compensation during any Contract Extension. The Design Team has already provided services for an additional 3 years without any compensation. The Design Team must be compensated fairly if the child contract is to be extended. Thank you, Andrea FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 From: Andrea Steele Sent: Thursday, April 13, 2023 2:38 PM To: Ziedonis, John (DDC) Subject: RE: Q11/13 Contract John, If you review our prior correspondence, you will see that ASA has already provided the information you are seeking. As stated in my January 31, 2023 email, neither the parent, nor the child contracts continue in perpetuity. A step-by-step explanation of the contract provisions, time frames and PPB Rules at issue is included below for your review and comment. As you know, DDC has already exercised its option to extend the parent contract for 1 additional year, so the parent contract continues solely for the purpose of administering the existing Task Orders. Based on the plain language of the contract and task orders, it is our understanding that ASA’s child contract for services on the DSNY Queens 11/13 Garage Rehabilitation (S136-423) project (the “Project”) will expire on July 27, 2023. We have consulted the PPB Rules and there does not appear to be any mechanism for DDC to extend the duration of the child contract unilaterally. If our analysis below is in error, please respond in kind with a detailed explanation, including any legal basis provided in the PPB Rules or other applicable law permitting DDC to unilaterally extend its contracts in perpetuity. In the absence of a convincing response, we reserve the right to challenge any attempt by DDC to unilaterally extend the duration of our contract in a manner that is inconsistent with the contract and applicable law. In the meantime, ASA remains willing and able to perform its services per the contract. To be clear, while we would like to see this Project through to completion, ASA does not – and cannot – consent to work at-risk on this Project. Even were we not a small business operating in a tight labor market amid pandemic-recovery and historic inflation, it is simply unjust for DDC to extract services without compensation or an enforceable agreement for such compensation. Nor will our subconsultants consent to work with us under these conditions. Thank you for your time and consideration. We are aware that the process of obtaining funding and registering any kind of change or update to a contract takes time, so we hope you will respond promptly. Step 1 – The Parent Contract The parent contract expressly provides that a time for completion will be provided in the task order. Section 3.1 of the parent contract provides very clearly that the parent contract is for a term of 3 years, which may be extended for an additional year for good and sufficient cause. Although Section 3.1 references renewal, there is no renewal term expressed in in Exhibit A and contracts may not be amended to add a renewal provision (see PPB Section 4-02(b)(2)). The parent contract began in 2013 and expired in 2017, inclusive of the extension term, but for continuation per Section 3.2 of the Parent Contract. 1 FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 ARTICLE 3 Time Provisions 3.1 Term of Contract: The Contract shall conunence on the date of registration by the Comptroller and shall rernain in effect for the period set forth in Exhibit A. At the Cornmissioner's sole option, the term of this contract may be renewed for the period and for the increased amount set forth in Exhibit A. In addition, the Conunissioner may, for good and sufficient cause, extend the tenn of this Contract for a cumulative period not to exceed one year from the date of expiration. 3.2 Continuation: In the event (1) services are required with respect to a Project, (2) a Task Order for the Project is issued by the Commissioner and registered by the Comptroller during the term of the Contract, including the last day thereof, and (3) the time frame for completion of the Project extends beyond the term of the Contract, the Contract shall remain in effect for purposes of such Task Order through the time frame for completion of the Project, as set forth in the Task Order or any Supplementary Task Order required to complete the Project. For the purpose of this provision, the term of the Contract shall mean whichever of the following is the latest and actual final period of the Contract: (1) the term of the Contract, (2) the extended term of the Contract, or (3) the renewal term of the Contract. EXHIBIT A CONTRACT INFORMATION (1) TYPE OF PROJECTS: New Construction or Renovation Projects Estimated Construction Cost: More than $15,000,000 City Wide / All Five Boroughs (2) DIVISION OF PUBLIC BUILDINGS; The Division of Public Buildings is organized into the following Program Units: Police, Fire, Transportation, Cultural Institutions, Courts, Corrections, Health, DJJ, DEP, Libraries and Human Services. Task orders issued to the Consultant pursuant to this contract may involve projects for any of these Program Units, as well as projects for other divisions within the agency. (3) TOTAL AMOUNT: Not to Exceed: $10,000,000 (4) CONTRACT TIME FRAME: " Contract Term: Duration: 1095 consecutive calendar days ("ceds") " Extension: Duration: 365 ccds Per Section 3.2 of the parent contract, the parent contract remains in effect solely for the purpose of administering any ongoing child contracts (each a Task Order), "as set forth in the Task Order or any Supplementary Task Order". The parent contract does not permit the DDC to issue Task Orders in perpetuity and expressly references a time frame for completion of each project, which time frame is set forth in the Task Order or Supplemental Task Order. ARTICLE 3 Time Provisions 3.1 Term of Contract: The Contract shall conunence on the date of registration by the Comptroller and shall rernain in effect for the period set forth in Exhibit A. At the Cornmissioner's sole option, the term of this contract may be renewed for the period and for the increased amount set forth in Exhibit A. In addition, the Conunissioner may, for good and sufficient cause, extend the term of this Contract for a cumulative period not to exceed one year from the date of expiration. 3.2 Continuation: In the event (1) services are required with respect to a Project, (2) a Task Order for the Project is issued by the Commissioner and registered by the Comptroller during the term of the Contract, including the last day thereof, and (3) the time frame for completion of the Project extends beyond the term of the Contract, the Contract shall remain in effect for purposes of such Task Order through the time frame for completion of the Project, as set forth in the Task Order or any Supplementary Task Order required to complete the Project. For the purpose of this provision, the term of the Contract shall mean whichever of the following is the latest and actual final period of the Contract: (1) the term of the Contract, (2) the extended term of the Contract, or (3) the renewal term of the Contract. Step 2-The Child Contract Consistent with Section 3.2 of the parent contract, the Task Order for the Project states very clearly in Section Order" D.1 ("Task Order Data") that the "Total Duration of this Task is 1282 consecutive calendar days ("ccds") from registration. The Task Order was registered on March 1, 2017, which means that, but-for the issuance of additional services or reallocation of fees via Supplemental Task Orders, the child contract expired on September 3, 2020. 2 FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 C.Seppeofilfork/Juslilication (CompletePage 2 of this torm) D/I Taik©rderSstafNot ApplicabletoSupplemental TaskOrders): nesianDasnoiddework webe: AtReg, TeesomationormisTask order: mer n-ag.n"""nor ® eaur conmousuensanimenomases ordr Subsequently, a total of 8 Supplemental Task Orders (each an "STO") have been issued or are pending registration. These are summarized below for your convenience. STO 003AS002 added 815 ccds and STO 003AS003 added another 242 ccds, for a total Task Order duration of 2,339 ccds from March 1, 2017, which is July 27, 2023. July 31, 2023, is referenced in Section G on STOs 003AS003 and 003AS007, but this date could not be verified as related to any particular cont act provision or document and appears to be simply a miscalculation. STO # R. Date D.2 Duration 02 a'''"""'''**k°"'" ""ª"""a""°''""" 8"""d""a" O'"""' °°"=== 003AS001 5/7/18 sar.ao.o.,v ..e.e..o-a.ne e.c-e-a----r c,or o.2lfsupplementalTask Order: TNsSupplemental TaskOrder wE , Mave noeNact on 15Incsease O Decrease 003AS002 5/28/19 "Ca°i°JoW FW ..o.: ...o a..s-e ..4.: e.e.na.se-.o-as-or ..e.: 003AS003 5/26/21 giggsgidihentitlTask Order05tit This Supplemental Task Order will: Increase Total Duration of this Task Order: 242 Design Duration: 0 Construction Services Duration: 242 003AS004 3/6/20 ggj$il MetisAmig$rgi(sil This Supplernantal Task Order will: Have no offecton Total Duration of this Task Order:0 Design Duration: Construction Services Duration: 003AS005 8/19/20 ERIBlillMtsistupitortivitamit This Supplernental Task Order will: WillMRii Total Duration of this Task Order: t@82mtDesign Duration:O Construction Services Duration: 0 [1] 003AS006 5/26/22 This Supplernental Task Order will: Have no effect on Total Duration of this Task Order:0 Design Duration:0 Construction Services Duration: 0 003AS007 2/22/23 This Supplernental Task Order will: Have no effect on Total Duration of this Task Order:0 Design Duration:0 Construction Services Duration: 0 003AS008 Pending? _1 This Supplernantal Task Order will: Have no effect on Total Duration of this Task Order:0 Design Duration: O Construction Services Duration: 0 Step 3 -The PPB Rules There are a handful of provisions that could be relevant to the current situation, none of which appear to give DDC an option to unilaterally extend the contract time in the absence of extra work: " PPB Section ("Types of Changes provides for changes due to authorized additional work (§4- 4-02(b) Permitted") 02(b)(1)(ii)) and extensions for good and sufficient cause of up to 1year (§4-02(b)(1)(iiI)), which the DDC has already exercised per Section 3.1 of the parent contract; " PPB Section 4-02(c) provides that extensions of time may be permitted in conjunction with extra work performed or to be performed pursuant to a written change order; and " PPB Section 4-03(b) provides that a vendor may seek additional time to perform based upon underlying delays to the project, including delays in construction per Section 4-03(b)(4). 3 FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 If you are aware of additional or alternative rules or laws that provide for contracts to be extended in perpetuity, please advise us of the same so that we may proceed accordingly. Thank you, Andrea From: Ziedonis, John (DDC) Sent: Tuesday, April 11, 2023 4:50 PM To: Andrea Steele Subject: Q11/13 Contract Andrea: Again, per our discussion send me your interpretation of your Q11/13 contract, quoting specifics sections of the contract to which you are referring, and including section numbers, etc. As I understood your statement, your supposition is that your contract is about to expire and you want to renegotiate your Q11/13 contract with DDC. Do not ask your subs for any proposals, you are only sending your written interpretation of your contract in support of your point of view. Thanks. John Ziedonis | Director, Public Buildings New York City Department of Design and Construction 30-30 Thomson Avenue, Long Island City, NY 11101 O: 718-391-2864 | C: 347-203-9183 | ziedonijo@ddc.nyc.gov | nyc.gov/ddc To help protect y ou r priv acy , Microsoft Office prev ented automatic download of this picture from the Internet. corporate lo go [1] Obscuring “xxxxx” is from August 19 from user “chockals”, which we assume is Sundari Chockalingam of DDC. 4 FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 May 30, 2023 Via E-Mail: VaroliD@ddc.nyc.gov and FoleyT@ddc.nyc.gov Commissioner Thomas Foley NYC Dept. of Design and Constr. 30-30 Thomson Ave. Long Island City, NY 1110 Deputy Commissioner David Varoli, Esq. NYC Dept. of Design and Constr. 30-30 Thomson Ave. Long Island City, NY 1110 Re: Design Parent Contract No. 20136200676 Design Task Order No. 20177206107 DSNY Queens 11/13 Garage Rehabilitation (S136-423) (the “Project”) Dear Commissioners Foley and Varoli: This office represents Andrea Steele Architecture P.C. (“ASA”). We write to ensure that your respective offices are aware of the upcoming July 27, 2023, expiration of the design services contract for Task Order No. 20177206107 (the “Task Order”), issued under New York City Department of Design and Construction (“DDC”) Requirements Contract for Architectural, Engineering and Construction Related Services No. 20136200676 (the “Parent Contract”). To the extent you disagree with our understanding, we request that we be informed of the contractual basis for your contention that the Task Order does not expire on or about July 27, 2023, so that ASA may act in accordance with its contract. ASA has previously communicated both its understanding and request for review to the project team without response on January 31, 2023, and April 13, 2023. A copy of the prior correspondence is included with this letter. ASA was scheduled to meet with DDC senior leadership on May 23, 2023, where this matter was to be discussed, but the meeting was cancelled by DDC without follow-up. As you may be aware, the Parent Contract was registered on or about April 15, 2013, and has a three-year base term with a one-year extension available at DDC’s option, which DDC exercised to extend the expiration date of the base term of the Parent Contract to on or about on or about April 13, 2017. The Task Order was issued on or about June 28, 2016, although not registered until March 1, 2017. The Task Order has been supplemented through the issuance of supplemental task orders 003AS001-003AS008 (each an “STO” and, collectively with the Task FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 Expiration of Design Task Order No. 20177206107 DSNY Queens 11/13 Garage Rehabilitation (S136-423) May 30, 2023 Page 2 Order and Parent Contract, the "Child Contract"), which collectively extended the term of the Child Contract until July 27, 2023 (or July 31, 2023, depending on whether the stated quantity of days or dates should control). A copy of each of the Child Contract documents has been provided with this correspondence. Per our analysis of the Child Contract, in the absence of additional services being required pursuant to registration of an additional STO, ASA's work on this Project will cease when the Child Contract expires. This is generously calculated using the registration date of the Task Order, not the issuance date of the same, which preceded registration by more than seven months. We ask that DDC confirm the same or provide information supporting calculation of an alternative date. It is our understanding that, pursuant to Section 3.2 of the Parent Contract, the Parent Contract will continue for the purposes of other active task orders for other projects that have not expired, even as this Child Contract expires. The basis for our calculation is succinctly described in the table below. ASA has also provided a detailed explanation of the Child Contract and Procurement Policy Board Rules relevant to this calculation in its April 13, 2023 email. TO/ ST Exp. O# R. Date Duration Provision Date TO """"°""'°ª"*°'^a**""S"a*"""''"°"""d 3/1/17 9/3/20 matinomiserm"oltate: Sures. OF g eg. WNMn Rug, PM [jilTEDhy 003 ,_,,,_ 12s2 ,, sso - c..,,,,,, 7s2 ,, "'"'""....""""""""ª°""" ""ª~°** ""-"*"" °""" °° " 001 5/7/18 9/3/20 ofIkeTestOrderby crektheDesign DurmGon by: offlrdeComLSeptDm.Non by ceds: "2".S.""""""°"""""°""" """""-""'""°* "-**" ""°'"" °°"'"" 002 5/28/19 11/27/22 oftheTaskOnserby: cods:theDesign Duragon by: Serr. theConeL cods: Durason by code: 003 5/26/21 watowmane 7/27/23 ThisSupplernentalTaskOrderwill: Increase TotalDurationof this TaskOrder:242 DesignDuration:0 ConstructionServicesDuration:242 004 3/6/20 AMMimarmammatomirome 7/27/23 ThisSupplernentalTaskOrderwilt: Havenoeffecton TotalDurationof this TaskOrder:0 DesignDuration: ConstructionServicesDuration: 005 8/19/20 ansmemeam5 7/27/23 ThisSupplernentalTaskOrderwill: SidE6dF TotalDurationof this TaskOrder:1882mtDesignDuration:0 ConstructionServicesDuration:0 1 006 5/26/22 AEAlilliMMM8mam 7/27/23 This SupplementalTaskOrder wiM:Haveno effect on Total Duration of this TaskOrder: 0 Design Duration:0 construction services Duration:0 1 "xxxxx" Obscuring is from August 19, 2022, from user "chockals", which we assume is Sundari Chockalingam of DDC. FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 Expiration of Design Task Order No. 20177206107 DSNY Queens 11/13 Garage Rehabilitation (S136-423) May 30, 2023 Page 3 007 2/22/23 7/27/23 008 4/17/23 7/27/23 As the Child Contract will expire while construction of the Project remains unfinished, and it is ASA’s intent to comply with the Child Contract, we wanted to draw DDC’s attention to the upcoming expiration date and offer an opportunity for DDC to provide additional information on the same. ASA remains committed to providing design services for the Project through the date of expiration of the Child Contract in accordance with its terms and is willing to discuss an extension of the Child Contract and/or requests for additional services from DDC. Please contact us if you have questions or need clarification on any of the above or would like to arrange a meeting to discuss the pending expiration of the Child Contract. Thank you. Sincerely, Rachel C. John Cc: J. Rowland, Esq. (ZD) A. Steele J. Steele FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 THE CITY OF NEW YORK DEPARTMENT OF DESIGN AND CONSTRUCTION 30-30 THOMSON AVENUE LONG ISLAND CITY, NEW YORK NEW YORK 1I101 REQUIREMENTS CONTRACT FOR ARCHITECTURAL, ENGINEERING AND CONSTRUCTION RELATED SERVICES FMS ID: RFP-6 REGISTRATION NUMBER: c20 /3 Co Q OO 67 o PIN NUMBER: 8502012VPOO32P CONSULTANT: Enrique Norten Architecture, PC dba TEN ARQUITECTOS 11ª¹ 227 West 29th Street, Floor New York, NY 10001 Telephone: 212-620-0794 Facsimile: 212-620-0798 EIN: 80-0069231 Standard Requirements Contract Architectural, Engineering and Construction Related Services September 2012 FILED: QUEENS COUNTY CLERK 05/04/2024 06:02 PM INDEX NO. 709588/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/04/2024 THIS AGREEMENT, made and entered into this day of _ ,