Common use of Agency’s Use of Performance Evaluation Clause in Contracts

Agency’s Use of Performance Evaluation. Agency may, at its sole discretion, use performance evaluation findings and conclusions in any way deemed necessary by Agency, including, but not limited to, corrective action, requiring submittal of performance improvement plan by Consultant, withholding of retainage, determining eligibility for future WOC assignments, and as a criterion of selection for future Agency contracts. EXHIBIT H - CONFLICT OF INTEREST DISCLOSURE Consultant shall be in conformance with the ODOT Conflict of Interest Guidelines. The ODOT Conflict of Interest Guidelines (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Internet address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Misc (under “Misc. Procurement Related Forms”). If any disclosures must be made on the part of Consultant or any of its Associates per: (a) the ODOT Conflict of Interest Guidelines, or (b) Part II, Section 1.b (ii) of the PA Terms and Conditions, Consultant shall submit a complete, true and accurate Conflict of Interest Disclosure Form using the form available at the above Internet address. EXHIBIT I – ERRORS & OMISSIONS (“E&O”) CLAIMS PROCESS Exhibit I is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein. The E&O Claims Process (as may be revised from time to time by Agency) is available at the following Web address as Exhibit I: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”) EXHIBIT J – CONTACT INFORMATION and KEY PERSONS Party Contact Information. Either Party may change the designated PA Administrator by notifying the other Party in writing of the new designation. Agency’s Contract Administrator for this PA is: Name: Xxxxx Xxxxxx Address: 000 Xxxxxxx Xxxx XX, Xxxxxxxx X, Xxxxx, XX 00000-0000 Ph: 000-000-0000 E-mail: Xxxxxx.xxxxxx@xxxx.xxxxx.xx.xx Consultant’s Contract Administrator (CA) for this PA is: Name: Address: Ph: E-mail: Consultant’s Remit address for payments and contact for xxxxxxxx (if different than section b above). Name: Address: Ph: E-mail: Key Persons Consultant may request that Agency approve a substitution or replacement of a Key Person listed in Consultant’s Statement of Proposal. Agency shall have the right to interview, review the qualifications of, and approve or disapprove (e-mail acceptable) the proposed replacement(s) for the Key Person. Any approved substitute or replacement for a Key Person shall be deemed to be a Key Person for use under assigned WOCs. Throughout the term of the PA and any assigned WOCs, Consultant shall provide updated information (if requested by Agency) to demonstrate the continuing qualifications of any staff working on Agency projects, including those approved as Key Persons. ___________________________________________________________________________________ EXHIBIT K – MWESB ASPIRATIONAL TARGET PROVISIONS (Applicable only to WOCs that include no federal funding) Exhibit K (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Web address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”)

Appears in 2 contracts

Samples: Price Agreement, Price Agreement

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Agency’s Use of Performance Evaluation. Agency may, at its sole discretion, use performance evaluation findings and conclusions in any way deemed necessary by Agency, including, but not limited to, corrective action, requiring submittal of performance improvement plan by Consultant, withholding of retainage, determining eligibility for future WOC assignmentsassignments (or extension of WOC assignment period, if applicable), and as a criterion of selection for future Agency contracts. EXHIBIT H - CONFLICT OF INTEREST DISCLOSURE Consultant shall be in conformance with the ODOT Conflict of Interest Guidelines. The ODOT Conflict of Interest Guidelines (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Internet address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Misc (under “Misc. Procurement Related Forms”)xxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/PSK.aspx. If any disclosures must be made on the part of Consultant or any of its Associates per: (a) the ODOT Conflict of Interest Guidelines, or (b) Part II, Section 1.b (ii) of the PA Terms and Conditions, or (c) the additional conflicts identified below, Consultant shall submit a complete, true and accurate Conflict of Interest Disclosure Form using the form available at the above Internet address. Agency has determined that the following situations constitute Conflicts of Interest (as that term is defined in the ODOT Conflict of Interest Guidelines) for WOCs under this PA, and the conflicts are in addition to those identified in the ODOT Conflict of Interest Guidelines: When performing services for Agency, Consultant and its subconsultants (and their respective employees and agents) must be free of conflicting or competing interests that could interfere with their ability to properly discharge their professional obligations to Agency. An employee or agent of Consultant or a subconsultant that is an Engineer of Record, Professional of Record or Professional in Responsible Charge for a project, may not perform the role of Construction Project Manager, Inspector, Quality Control Compliance Specialist or Contact Administration Specialist for CA/CEI services on that project, unless approved by Agencythe Work Order Contract Administrator. . Consultant, its subconsultants, and their respective employees and agents, who are providing or have provided consulting services on a project may not perform any services for the construction contractor on the same project, unless approved by Agencythe Work Order Contract Administrator. . Consultant, its subconsultants, and their respective employees and agents, who are providing or have provided engineering services to construction contractor(s) on any active ODOT project may not compete or serve as the prime consultant for, or participate as a subconsultant on a CA/CEI WOC, unless approved by the Work Order Contract Administrator Agency. Consultant, its subconsultants, and their respective employees and agents, may not perform Quality Control for a construction contractor and Quality Assurance for Agency on the same project. Consultant, its subconsultants, and their respective employees and agents, may not perform Quality Control for a construction contractor on one project and Quality Assurance for Agency on a different project where the construction contractor is the same on both projects. EXHIBIT I – ERRORS & OMISSIONS (“E&O”) CLAIMS PROCESS Exhibit I is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein. The E&O Claims Process (as may be revised from time to time by Agency) is available at the following Web address as Exhibit I: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”) xxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/PSK.aspx EXHIBIT J – CONTACT INFORMATION and KEY PERSONS Party Contact Information. Either Party may change the designated PA Administrator by notifying the other Party in writing of the new designation. Agency’s Contract Administrator for this PA is: Name: Xxxxx Xxxxxx Address: 000 Xxxxxxx Xxxx XX, Xxxxxxxx X, Xxxxx, XX 00000-0000 Ph: 000-000-0000 E-mail: Xxxxxx.xxxxxx@xxxx.xxxxx.xx.xx Consultant’s Contract Administrator (CA) for this PA is: Name: Address: Ph: E-mail: Consultant’s Remit address for payments and contact for xxxxxxxx (if different than section b above). Name: Address: Ph: E-mail: Key Persons Consultant may request that Agency approve a substitution or replacement of a Key Person listed in Consultant’s Statement of Proposal. Agency shall have the right to interview, review the qualifications of, and approve or disapprove (e-mail acceptable) the proposed replacement(s) for the Key Person. Any approved substitute or replacement for a Key Person shall be deemed to be a Key Person for use under assigned WOCs. Throughout the term of the PA and any assigned WOCs, Consultant shall provide updated information (if requested by Agency) to demonstrate the continuing qualifications of any staff working on Agency projects, including those approved as Key Persons. ___________________________________________________________________________________ EXHIBIT K – MWESB ASPIRATIONAL TARGET PROVISIONS (Applicable only to WOCs that include no federal funding) Exhibit K (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Web address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”)PERSONS

Appears in 2 contracts

Samples: Price Agreement, Price Agreement

Agency’s Use of Performance Evaluation. Agency may, at its sole discretion, use performance evaluation findings and conclusions in any way deemed necessary by Agency, including, but not limited to, corrective action, requiring submittal of a performance improvement plan by Consultant, withholding of retainage, determining eligibility for future WOC assignmentsassignments (or extension of WOC assignment period, if applicable), and as a criterion of selection for future Agency contracts. EXHIBIT H - CONFLICT OF INTEREST DISCLOSURE Consultant shall be in conformance with the ODOT Conflict of Interest Guidelines. The ODOT Conflict of Interest Guidelines (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Internet address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Misc (under “Misc. Procurement Related Forms”). xxxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/PSK.aspx If any disclosures must be made on the part of Consultant or any of its Associates per: (a) the ODOT Conflict of Interest Guidelines, or (b) Part II, Section 1.b (ii) of the PA Terms and Conditions, Consultant shall submit a complete, true and accurate Conflict of Interest Disclosure Form using the form available at the above Internet address. EXHIBIT I – ERRORS & OMISSIONS (“E&O”) CLAIMS PROCESS Exhibit I is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein. The E&O Claims Process (as may be revised from time to time by Agency) is available at the following Web address as Exhibit I: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”) xxxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/PSK.aspx EXHIBIT J – CONTACT INFORMATION and KEY PERSONS Party Contact Information. Either Party may change the designated PA Administrator by notifying the other Party in writing of the new designation. Agency’s Contract Administrator for this PA is: Name: Xxxxx Xxxxxx Address: 000 Xxxxxxx Xxxx XX, Xxxxxxxx X, Xxxxx, XX 00000-0000 Ph: 000-000-0000 E-mail: Xxxxxx.xxxxxx@xxxx.xxxxx.xx.xx Consultant’s Contract Administrator (CA) for this PA is: Name: Address: Ph: E-mail: Consultant’s Remit address for payments and contact for xxxxxxxx (if different than section b above). Name: Address: Ph: E-mail: Key Persons Consultant may request that Agency approve a substitution or replacement of a Key Person listed in Consultant’s Statement of Proposal. Agency shall have the right to interview, review the qualifications of, and approve or disapprove (e-mail acceptable) the proposed replacement(s) for the Key Person. Any approved substitute or replacement for a Key Person shall be deemed to be a Key Person for use under assigned WOCs. Throughout the term of the PA and any assigned WOCs, Consultant shall provide updated information (if requested by Agency) to demonstrate the continuing qualifications of any staff working on Agency projects, including those approved as Key Persons. ___________________________________________________________________________________ EXHIBIT K – MWESB ASPIRATIONAL TARGET PROVISIONS (Applicable only to WOCs that include no federal funding) Exhibit K (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Web address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”)PERSONS

Appears in 1 contract

Samples: Sample Price Agreement

Agency’s Use of Performance Evaluation. Agency may, at its sole discretion, use performance evaluation findings and conclusions in any way deemed necessary by Agency, including, but not limited to, corrective action, requiring submittal of performance improvement plan by Consultant, withholding of retainage, determining eligibility for future WOC assignmentsassignments (or extension of WOC assignment period, if applicable), and as a criterion of selection for future Agency contracts. EXHIBIT H - CONFLICT OF INTEREST DISCLOSURE Consultant shall be in conformance with the ODOT Conflict of Interest Guidelines. The ODOT Conflict of Interest Guidelines (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Internet address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Misc (under “Misc. Procurement Related Forms”)xxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/PSK.aspx. If any disclosures must be made on the part of Consultant or any of its Associates per: (a) the ODOT Conflict of Interest Guidelines, or (b) Part II, Section 1.b (ii) of the PA Terms and Conditions, Consultant shall submit a complete, true and accurate Conflict of Interest Disclosure Form using the form available at the above Internet address. EXHIBIT I – ERRORS & OMISSIONS (“E&O”) CLAIMS PROCESS Exhibit I is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein. The E&O Claims Process (as may be revised from time to time by Agency) is available at the following Web address as Exhibit I: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”) xxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/PSK.aspx EXHIBIT J – CONTACT INFORMATION and KEY PERSONS Party Contact Information. Either Party may change the designated PA Administrator by notifying the other Party in writing of the new designation. Agency’s Contract Administrator for this PA is: Name: Xxxxx Xxxxxx Address: 000 Xxxxxxx Xxxx XX, Xxxxxxxx X, Xxxxx, XX 00000-0000 Ph: 000-000-0000 E-mail: Xxxxxx.xxxxxx@xxxx.xxxxx.xx.xx Consultant’s Contract Administrator (CA) for this PA is: Name: Address: Ph: E-mail: Consultant’s Remit address for payments and contact for xxxxxxxx (if different than section b above). Name: Address: Ph: E-mail: Key Persons Consultant may request that Agency approve a substitution or replacement of a Key Person listed in Consultant’s Statement of Proposal. Agency shall have the right to interview, review the qualifications of, and approve or disapprove (e-mail acceptable) the proposed replacement(s) for the Key Person. Any approved substitute or replacement for a Key Person shall be deemed to be a Key Person for use under assigned WOCs. Throughout the term of the PA and any assigned WOCs, Consultant shall provide updated information (if requested by Agency) to demonstrate the continuing qualifications of any staff working on Agency projects, including those approved as Key Persons. ___________________________________________________________________________________ EXHIBIT K – MWESB ASPIRATIONAL TARGET PROVISIONS (Applicable only to WOCs that include no federal funding) Exhibit K (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Web address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”)PERSONS

Appears in 1 contract

Samples: www.bidnet.com

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Agency’s Use of Performance Evaluation. Agency may, at its sole discretion, use performance evaluation findings and conclusions in any way deemed necessary by Agency, including, but not limited to, corrective action, requiring submittal of performance improvement plan by Consultant, withholding of retainage, determining eligibility for future WOC assignments, and as a criterion of selection for future Agency contracts. EXHIBIT PA Exhibit H - CONFLICT OF INTEREST DISCLOSURE Conflict Of Interest Disclosure Consultant shall be in conformance with the ODOT Conflict of Interest Guidelines. The ODOT Conflict of Interest Guidelines (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Internet address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Misc (under “Misc. Procurement Related Forms”). If any disclosures must be made on the part of Consultant or any of its Associates per: (a) the ODOT Conflict of Interest Guidelines, or (b) Part II, Section 1.b (ii) of the PA Terms and Conditions, Consultant shall submit a complete, true and accurate Conflict of Interest Disclosure Form using the form available at the above Internet address. EXHIBIT PA Exhibit I – ERRORS Errors & OMISSIONS Omissions (“E&O”) CLAIMS PROCESS Claims Process Exhibit I is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein. The E&O Claims Process (as may be revised from time to time by Agency) is available at the following Web address as Exhibit I: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”) EXHIBIT PA Exhibit J – CONTACT INFORMATION and KEY PERSONS Contact Information Party Contact Information. Either Party may change the designated PA Administrator by notifying the other Party in writing of the new designation. Agency’s Contract Administrator for this PA is: Name: Xxxxx Xxxxxx Address: 000 Xxxxxxx Xxxx XX, Xxxxxxxx X, Xxxxx, XX 00000-0000 Ph: 000-000-0000 E-mail: Xxxxxx.xxxxxx@xxxx.xxxxx.xx.xx Consultant’s Contract Administrator (CA) for this PA is: Name: Address: Ph: E-mail: Consultant’s Remit address for payments and contact for xxxxxxxx (if different than section b above). Name: Address: Ph: E-mail: Key Persons Consultant may request that Agency approve a substitution or replacement of a Key Person listed in Consultant’s Statement of Proposal. Agency shall have the right to interview, review the qualifications of, and approve or disapprove (e-mail acceptable) the proposed replacement(s) for the Key Person. Any approved substitute or replacement for a Key Person shall be deemed to be a Key Person for use under assigned WOCs. Throughout the term of the PA and any assigned WOCs, Consultant shall provide updated information (if requested by Agency) to demonstrate the continuing qualifications of any staff working on Agency projects, including those approved as Key Persons. ___________________________________________________________________________________ EXHIBIT K – MWESB ASPIRATIONAL TARGET PROVISIONS (Applicable only to WOCs that include no federal funding) Exhibit K (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Web address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”).

Appears in 1 contract

Samples: Sample Price Agreement

Agency’s Use of Performance Evaluation. Agency may, at its sole discretion, use performance evaluation findings and conclusions in any way deemed necessary by Agency, including, but not limited to, corrective action, requiring submittal of performance improvement plan by Consultant, withholding of retainage, determining eligibility for future WOC assignmentsassignments (or extension of WOC assignment period, if applicable), and as a criterion of selection for future Agency contracts. EXHIBIT H - CONFLICT OF INTEREST DISCLOSURE Consultant shall be in conformance with the ODOT Conflict of Interest Guidelines. The ODOT Conflict of Interest Guidelines (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Internet address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Misc (under “Misc. Procurement Related Forms”). xxxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/PSK.aspx If any disclosures must be made on the part of Consultant or any of its Associates per: (a) the ODOT Conflict of Interest Guidelines, or (b) Part II, Section 1.b (ii) of the PA Terms and Conditions, Consultant shall submit a complete, true and accurate Conflict of Interest Disclosure Form using the form available at the above Internet address. EXHIBIT I – ERRORS & OMISSIONS (“E&O”) CLAIMS PROCESS Exhibit I is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein. The E&O Claims Process (as may be revised from time to time by Agency) is available at the following Web address as Exhibit I: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”) xxxxx://xxx.xxxxxx.xxx/ODOT/Business/Procurement/Pages/PSK.aspx EXHIBIT J – CONTACT INFORMATION and KEY PERSONS Party Contact Information. Either Party may change the designated PA Administrator by notifying the other Party in writing of the new designation. Agency’s Contract Administrator for this PA is: Name: Xxxxx Xxxxxx Address: 000 Xxxxxxx Xxxx XX, Xxxxxxxx X, Xxxxx, XX 00000-0000 Ph: 000-000-0000 E-mail: Xxxxxx.xxxxxx@xxxx.xxxxx.xx.xx Consultant’s Contract Administrator (CA) for this PA is: Name: Address: Ph: E-mail: Consultant’s Remit address for payments and contact for xxxxxxxx (if different than section b above). Name: Address: Ph: E-mail: Key Persons Consultant may request that Agency approve a substitution or replacement of a Key Person listed in Consultant’s Statement of Proposal. Agency shall have the right to interview, review the qualifications of, and approve or disapprove (e-mail acceptable) the proposed replacement(s) for the Key Person. Any approved substitute or replacement for a Key Person shall be deemed to be a Key Person for use under assigned WOCs. Throughout the term of the PA and any assigned WOCs, Consultant shall provide updated information (if requested by Agency) to demonstrate the continuing qualifications of any staff working on Agency projects, including those approved as Key Persons. ___________________________________________________________________________________ EXHIBIT K – MWESB ASPIRATIONAL TARGET PROVISIONS (Applicable only to WOCs that include no federal funding) Exhibit K (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Web address: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Contract_Docs (under “Price Agreement & Contract Exhibits”)PERSONS

Appears in 1 contract

Samples: Sample Price Agreement

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