Common use of Agency’s performance of Services Clause in Contracts

Agency’s performance of Services. a. In performing Services under this Agreement, Agency may utilize qualified individuals from Agency’s staff or the Staff of another local public agency, as described in the ODOT Right of Way Manual and approved by the State’s Region Right of Way Office. b. Agency may also request State act as the lead contracting agency and deliver a consultant contract on behalf of Agency, using consultants from State’s Full Service Architectural and Engineering (A&E) Price Agreement 2 Tier Selection Process, as applicable. Tier 2 procurements must be requisitioned through State’s Local Agency Liaison (LAL) with solicitation process administered by State’s Procurement Office. Forms and procedures for Tier 2 process are located at: xxxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/FS/tier2guide.doc c. Agency’s needed right of way services may be performed by utilizing appraiser Services procured by Agency from State’s Qualified Appraiser List (online at: xxxxx://xxx.xxxxxx.xxx/ODOT/ROW/Documents/Appraisal_Qualified-Consultant- List.pdf) or other right of way related Services procured by Agency from any source of qualified contractors or consultants. d. Contractor selections under Agency Obligations, Paragraphs 3.c above may be based on price alone, price and qualifications, or qualifications alone followed by negotiation. Federally funded procurements carried out by Agency for right of way Services must be conducted under State’s certification program for consultant selection and must comply with requirements in the LPA A&E Requirements Guide, and must use the State’s standard A&E Contract Template for LPAs which may be modified to include State-approved provisions required by Agency. State and locally funded procurements carried out by Agency must comply with applicable State rules and statutes for A&E “Related Services” (Agency may use its own contract document). The LPA A&E Requirements Guide and A&E Contract Template are available at: xxxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/LPA.aspx.

Agency’s performance of Services. a. In performing Services under this Agreement, Agency may utilize qualified individuals from Agency’s staff or the Staff of another local public agency, as described in the ODOT Right of Way Manual and approved by the State’s Region Right of Way Office.. Agency may also request State staff perform Services under this Agreement, as further described in Exhibit A. b. Agency may also request State act as the lead contracting agency and deliver a consultant contract on behalf of Agency, using consultants from State’s Full Service Architectural and Engineering (A&E) Price Agreement 2 Tier Selection Process, as applicable. Tier 2 procurements must be requisitioned through State’s Local Agency Liaison (LAL) with solicitation process administered by State’s Procurement Office. Forms and procedures for Tier 2 process are located at: xxxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/FS/tier2guide.doc c. Agency’s needed right of way services may be performed by utilizing appraiser Services procured by Agency from State’s Qualified Appraiser List (online at: xxxxx://xxx.xxxxxx.xxx/ODOT/ROW/Documents/Appraisal_Qualified-Consultant- List.pdf) or other right of way related Services procured by Agency from any source of qualified contractors or consultants. d. Contractor selections under Agency Obligations, Paragraphs 3.c above may be based on price alone, price and qualifications, or qualifications alone followed by negotiation. Federally funded procurements carried out by Agency for right of way Services must be conducted under State’s certification program for consultant selection and must comply with requirements in the LPA A&E Requirements Guide, and must use the State’s standard A&E Contract Template for LPAs which may be modified to include State-approved provisions required by Agency. State and locally funded procurements carried out by Agency must comply with applicable State rules and statutes for A&E “Related Services” (Agency may use its own contract document). The LPA A&E Requirements Guide and A&E Contract Template are available at: xxxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/LPA.aspx.