Common use of PROFESSIONAL SERVICES SCOPE OF WORK Clause in Contracts

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements in the best interest of the State, and be within the Professional firm’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firm’s services includes attendance at all Project related meetings and conferences in pursuance thereof. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firm’s attached Appendix 3 – Project Study, Design and Proposed Construction Schedule duration. The Professional firm’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirements. The Professional shall field-check, and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firm’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirements. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-site field conditions will be compensated to the Professional firm, as approved by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firm’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firm’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firm’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change Orders. All Project architectural and/or engineering study/design services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction Division’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction Division’s standard of care method for describing the Professional firm’s responsibilities for providing the architectural and/or engineering study, design and construction administration services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their Project scope of work. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their Project scope of work requirements.

Appears in 2 contracts

Samples: www.michigan.gov, www.michigan.gov

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PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff staff, and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry-accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional is ineligible to bid on the construction work of any Bidding Documents produced under this Contract. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firmProfessional’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, Contract having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsProject. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed performed, and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-sitework. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins Soil Erosion and Contract Change Orders resulting from increases Sedimentation Control in the Project scope State of work or previously unknown on-site field conditions Michigan is regulated under the 1994 Public Act 451, as amended – The Natural Resources Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be compensated to the Professional firm, as approved monitored and enforced by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project DirectorDepartment. The Professional shall immediately inform the Department whenever it is indicated that the Professional firmProfessional’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firmProfessional’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors Professionals and State/Client Agencies” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Directorsubmit, the on-site Inspection record standard document form titled “DMB-452DTMB-0452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly submitted monthly, with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy copies sent to the State/Client Agency and Construction ContractorProfessional. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firmProfessional’s monthly submitted payment request. The “DMB-460DTMB-0460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s current "Major Project Design Manual for Professional Services Contractors Professionals and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work at hand and be responsible for identifying any additional Task services necessary to successfully complete their Project. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope Director to the Professional and for the purpose, and to the extent so authorized. Should litigation occur as a result of work requirementsthis Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during the course of litigation.

Appears in 2 contracts

Samples: www.michigan.gov, bids.findrfp.com

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff staff, and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry-accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional is ineligible to bid on the construction work of any Bidding Documents produced under this Contract. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firmProfessional’s performance under this Contract. SAMPLE The Professional acknowledges by signing this Professional Services Contract, Contract having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsProject. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed performed, and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-sitework. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins Soil Erosion and Contract Change Orders resulting from increases Sedimentation Control in the Project scope State of work or previously unknown on-site field conditions Michigan is regulated under the 1994 Public Act 451, as amended – The Natural Resources Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be compensated to the Professional firm, as approved monitored and enforced by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project DirectorDepartment. The Professional shall immediately inform the Department whenever it is indicated that the Professional firmProfessional’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firmProfessional’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for State Universities, Community Colleges, State Agencies, and Professional Services Contractors and State/Client AgenciesService Contractors” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Directorsubmit, the on-site Inspection record standard document form titled “DMB-452DTMB-0452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly submitted monthly, with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a an electronic copy sent to the Project Director, State/Client Agency, and Construction Contractor. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firmProfessional’s monthly submitted payment request. The “DMB-460DTMB-0460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management Department’s current "Capital Outlay Design Manual for State Universities, Community Colleges, State Agencies, and Budget, Facilities Administration, Professional Service Contractors" and the DTMB DCD “Design and Construction Division’s current "Major Project Design Manual Standards for Professional Services Contractors Office Construction and State/Client Agencies" Tenant Fit Out” unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work at hand and be responsible for identifying any additional Task services necessary to successfully complete their Project. SAMPLE The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope Director to the Professional and for the purpose, and to the extent so authorized. Should litigation occur as a result of work requirementsthis Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during the course of litigation.

Appears in 2 contracts

Samples: www.bidnet.com, www.bidnet.com

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff staff, and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry-accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional is ineligible to bid on the construction work of any Bidding Documents produced under this Contract. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firmProfessional’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, Contract having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsProject. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed performed, and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-sitework. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins Soil Erosion and Contract Change Orders resulting from increases Sedimentation Control in the Project scope State of work or previously unknown on-site field conditions Michigan is regulated under the 1994 Public Act 451, as amended – The Natural Resources Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be compensated to the Professional firm, as approved monitored and enforced by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project DirectorDepartment. The Professional shall immediately inform the Department whenever it is indicated that the Professional firmProfessional’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firmProfessional’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for State Universities, Community Colleges, State Agencies, and Professional Services Contractors and State/Client AgenciesService Contractors” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Directorsubmit, the on-site Inspection record standard document form titled “DMB-452DTMB-0452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly submitted monthly, with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a an electronic copy sent to the Project Director, State/Client Agency, and Construction Contractor. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firmProfessional’s monthly submitted payment request. The “DMB-460DTMB-0460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management Department’s current "Capital Outlay Design Manual for State Universities, Community Colleges, State Agencies, and Budget, Facilities Administration, Professional Service Contractors" and the DTMB DCD “Design and Construction Division’s current "Major Project Design Manual Standards for Professional Services Contractors Office Construction and State/Client Agencies" Tenant Fit Out” unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work at hand and be responsible for identifying any additional Task services necessary to successfully complete their Project. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope Director to the Professional and for the purpose, and to the extent so authorized. Should litigation occur as a result of work requirementsthis Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during the course of litigation.

Appears in 2 contracts

Samples: www.michigan.gov, www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional servicesprovide, technical without exception, every professional, scientific, technical, and environmental discipline, staff and support personnel personnel, along with all supplies, equipment and testing apparatus, and all other specialized personnel, services necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry-accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design design, and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional is ineligible to bid on the construction work of any Bidding Documents produced under this Contract. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder or supplier for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first sole interpreter of the Professional firm’s performance under this Contract. This Contract will remain in effect for three (3) years from the date of Contract award, but may be unilaterally terminated by the State of Michigan at any time, for cause or its convenience, by written notification of the State, to the Professional. Furthermore, this Contract may be extended for two (2) additional years, at the sole option and discretion of the State upon the Department providing written notice to the Professional prior to the expiration of the original three (3) year Contract time period. Any such time extension shall be subject to the terms and conditions of this Contract, including, but not limited to, the existing hourly billing rates included in this Contract for the Professional, their Consultant, and their employees or agents. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design design, and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsServices. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’sDepartment, Project Director Director, and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation assignment of, or continuation of Bulletins any assigned Project work is conditional upon satisfactory performance for the Department. All on-site management and Contract Change Orders resulting from increases supervisors directly responsible for, or who shall supervise personnel engaged in, hazardous waste operations shall have successfully completed the Department of Environmental Protection Agency's, Safety Training Program in accordance with the requirements of the General Industry Standards, 29 CFR 1910.120. The Professional shall provide a Health and Safety Plan (H.A.S.P.) before implementation of the approved Project work plan. Response to the assigned Project scope of work or previously unknown on-site field conditions will be compensated to shall begin no later than two (2) business days from the date of written notification of the Department’s need for Professional services. Where authorized, elsewhere in this Contract, the Professional firmmay provide testing services, as approved by the Project Directorwith a Department approved, and fully qualified laboratory on an hourly billing rate basis in accordance authorized reimbursable expense basis. The Professional shall reference current State of Michigan, federal statutes, and current administrative rules when implementing response activities or corrective actions at the sites with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) environmental contamination to comply with the current requirements of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management Environmental Quality and Budgetthe Natural Resources and Environmental Protection Act (NREPA), Facilities Administration1994 PA 451, Design as amended. Soil Erosion and Construction Division’sSedimentation Control in the State of Michigan is regulated under the 1994 Public Act 451, Project Directoras amended – The Natural Resources and Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be monitored and enforced by the Department. The Professional shall reference current operational memoranda including the Tier 1 Risk-Based Screening Levels (RBLSs) look-up tables, the current edition of the American Society for Testing and Materials (ASTM), Standard Guide for Risk-Based Corrective Action (RBCA), E1739-95 including the policy decisions made to customize the standard Guide for Risk-Based Corrective Action process into a State of Michigan specific process and the General Guidance for Evaluating and Characterizing Petroleum Releases documents issued by the Department of Environmental Quality as needed to assist in implementing the corrective action activities undertaken under Part 213 of the 1994 PA 451, as amended. For sites with activities undertaken under Part 201 of the 1994 PA 451, as amended, the Professional is required to refer to the operational memoranda including Part 201 Generic Clean-up and Screening Levels and the Training Material issued by the Department of Environment Quality, as needed to determine whether a remedial plan/response activity complies with the requirements of Part 201 of the 1994 PA 451, as amended. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-not- to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 XII - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Director, submit the on-site Inspection inspection record standard form document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original form document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy copies sent to the State/client Agency and Construction Contractor. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements Project, in full compliance with all applicable safety and health regulations and be in accordance with the approved Project Budget and the best industries accepted requisites for professional architectural and/or engineering study/design practice practice, occupational safety, and health standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their the Project. Should litigation occur as a result of this Project, only if through no fault of the Professional, the Professional firm will be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, in providing the professional services necessary during the course of litigation. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope of work requirementsDirector to the Professional and for the purpose, and to the extent so authorized.

Appears in 1 contract

Samples: www.bidnet.com

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements in the best interest of the State, and be within the Professional firm’s not-to-exceed lump sum monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State requirements, and be in accordance with the industries accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firm’s services includes attendance at all Project related meetings and conferences in pursuance thereof. Professional services for this Project shall be provided in the Phase/Task Phase sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design and Proposed Construction Schedule duration. The Professional firm’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task Phase services appropriate for the Project scope of work requirements. The Professional shall field-check, and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firm’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s Professional's performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirements. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-site field conditions will be compensated to the Professional firm, as approved by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-not- to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan's ’s current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional to provide the requested Project scope of work requirements. No increase in monetary compensation fee to the Professional will be allowed unless there is a material change made to the Project scope of work requirements as described in the attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on- site field conditions will be compensated to the Professional, as approved by the Project Director, on an hourly rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firm’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s ’s, Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firm’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work requirements who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firm’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firmFirm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change Orders. The Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional Firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB- 460, Project Procedures” documents package. The Professional Firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. All Project architectural and/or engineering study/design services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction Division’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. HAZARDOUS MATERIALS: Where the Professional firm’s Project scope of work involves work in an existing building and/or utility system, indicate for the Department, in writing, and by scaled graphic diagram any building and/or site utility areas that may have potential hazardous material contamination and may require testing, abatement and/or removal by the Department, prior to the renovation and/or during the new construction work of the Project. Hazardous materials testing and removal for this Project, will be performed by the Department with other professional firms by separate Contract, who are licensed and insured to perform this service. Coordinate the Project with any hazardous material removal services required to implement the Project. Include for the Department's use, architectural and/or engineering drawings and specifications for all restoration work necessary following completion of the removal/abatement Project. Revise the final design/Contract Bidding Documents drawings, specifications and schedule to reflect the impact of the hazardous material removal/abatement scope of work on the existing State/Client Agency facility operations. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service Phase descriptions outlined in this Contract represents intend to outline the Department of Management and Budget, Facilities Administration, Design and Construction Division’s standard of care method for describing the Professional firm’s responsibilities for providing the professional architectural and/or engineering study, design and construction administration services of for this Contract, but by inclusion, or omission, do not limit or exclude exclude, any regular or normal professional services service necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted standard requisites for professional architectural and/or engineering study/design practice and standardsservices. HoweverPHASE 100 - STUDY: Provide a complete and comprehensive architectural and/or engineering study with itemized construction cost estimates based upon the Department of Management and Budget, all of the study/design Phase/Task service descriptions outlined in this Contract may or may not be applicable to the DepartmentFacilities Administration, Design and Construction Division’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements to research, analyze, and will require report the Professional to identify only the study/design Phase/Task services that are applicable for their Project scope of work. The Professional shall determine and coordinate the interface results of the study/design Project Study Phase/Task services required for their . Prepare a complete study report in the following outline and in such detail as the Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their Project scope of work requirements.may prescribe:

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements in the best interest of the State, and be within the Professional firm’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firm’s services includes attendance at all Project related meetings and conferences in pursuance thereof. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firm’s attached Appendix 3 – Project Study, Design and Proposed Construction Schedule duration. The Professional firm’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirements. The Professional shall field-check, and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firm’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirements. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-site field conditions will be compensated to the Professional firmProfessional, as approved by the Project Director, on an hourly direct payroll/billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-one- half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firm’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firm’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firm’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firmProfessional’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change Orders. All Project architectural and/or engineering study/design services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction Division’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction Division’s standard of care method for describing the Professional firm’s responsibilities for providing the architectural and/or engineering study, design and construction administration services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their Project scope of work. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their Project scope of work requirements.;

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff staff, and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – its Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project Assigned project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries accepted standard requisites industry standards for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for the assigned projects under this Project contract shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – proposed and approved Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings study/drawing and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firmProfessional’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, Contract having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsrequirements for each assigned project. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - its Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed performed, and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-sitework. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-site field conditions will be compensated to the Professional firmProfessional, as approved by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firmProfessional’s authorized Project not-to-exceed Budget cost for any of the assigned Projects may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firmProfessional’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 XII - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this the Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Directorsubmit, the on-site Inspection record standard document form titled “DMB-452DTMB-0452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly submitted monthly, with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy copies sent to the State/Client Agency and Construction Contractor. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firmProfessional’s monthly submitted payment request. The “DMB-460DTMB-0460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites practice and standards for professional architectural and/or engineering study/design practice and standardsservices. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work at hand and be responsible for identifying any additional Task services necessary to successfully complete their Project. Soil Erosion and Sedimentation Control in the State of Michigan is regulated under the 1994 Public Act 451, as amended – The Natural Resources and Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be monitored and enforced by the Department. The professional services may also include participation in legislative presentations as described in the “Major Project scope Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature or the Department may prescribe. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project Director to the Professional and for the purpose and to the extent so authorized. Should litigation occur as a result of work requirementsthis Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during litigation.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all Provide professional environmental services, technical staff staff, and support personnel necessary to achieve for ISID minor projects on an as-needed basis at various State/Client Agencies within the Project various site location areas as defined by the State of Michigan. SAMPLE This Contract is for professional environmental investigation and/or design services for an unspecified number of ISID projects (“Assignment”). The scope of work requirements as described in for each assigned project will be defined at the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements in time the best interest of project is awarded by the State, and be within State to the Professional firm’s not-to-exceed monetary compensation fee(s) herein authorized . The professional environmental services required for each of these assigned projects requested by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet Department may include any or all of the requirements as described Tasks included in the attached Appendix l - Project/Program Statement scope of work Phase 100 – Study through the Phase 900 – Operation and be within the amount authorized by the State and be in accordance with the industries accepted standard requisites for professional architectural and/or engineering study/design practice and servicesMaintenance Management. The Professional firm’s environmental services includes attendance at all Project related meetings and conferences in pursuance thereof. Professional services for this Project shall be provided performed in the Phase/Task sequence shown below and shall be rendered in strict accordance with the Professional firm’s attached Appendix 3 – Project Study, Design and Proposed Construction Schedule duration. The Professional firm’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirements. The Professional shall field-check, and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firm’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirements. No increase and be in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-site field conditions will be compensated to the Professional firm, as approved by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firm’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firm’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted compliance with the Department’s approved and attached Appendix 1 I– Project/Program Statement scope of work requirements and have the authority Statement. This Contract does not warrant or imply to render Project decisions and furnish information promptly. Except, in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional environmental firm’s services in so far as they affect , entitlement to perform any specific percentage (%) amount of environmental work during the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence or delinquencies by the Professional for the professional services life of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain This Contract will remain in effect for three (3) years from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package shall be used by the Professional in the administration date of this Contract and contains award but may be unilaterally terminated by the following Department State of Management and BudgetMichigan at any time, Facilities Administration standard document forms: for cause or its convenience, by written notification of the State, to the Professional. Furthermore, this Contract may be extended for one (1) DMB-413additional year, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification at the sole option and discretion of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change Orders. All Project architectural and/or engineering study/design services will be consistent with the State upon the Department providing written notice to the Professional prior to the expiration of Management and Budget, Facilities Administration, Design and Construction Division’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Departmentoriginal Contract time period. The professional architectural and/or engineering design services required for each Phase of this Contract Any such time extension shall be performed by subject to the Prime Professional firm terms and their Consultant firm’s in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction Division’s standard of care method for describing the Professional firm’s responsibilities for providing the architectural and/or engineering study, design and construction administration services conditions of this Contract, including, but by inclusionnot limited to, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions outlined existing hourly billing rates included in this Contract may for the Professional, their Consultant, and their employees or may agents. Please note that the Professional Services Contract ISID Contract No., as noted on page 1, must be provided on all Project correspondence and documents. Also, services are not to be applicable provided or expenses incurred until individual ISID Projects are assigned to this Contract (see the Department’s approved Article II – Compensation and attached the Appendix 1 – Project/Program Statement scope Statement). Upon award of work requirements this Contract and will require each subsequent assignment, the Professional to identify only the study/design Phase/Task services understands and agrees that are applicable for their Project scope of work. The Professional shall determine and coordinate the interface time is of the study/design Phase/Task services required essence. Failure to adhere to timely completion will be grounds for their Project scope of the Department, at its sole discretion, to terminate or limit future work and be responsible for identifying any additional Task services necessary to successfully complete their Project scope of work requirementsunder this Contract.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements in the best interest of the State, and be within the Professional firm’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or wastewater systems design, storm water management, environmental engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries accepted standard requisites for professional architectural and/or wastewater systems design, storm water management, environmental engineering study/design practice and services. The Professional firm’s services includes attendance at all Project related meetings and conferences in pursuance thereof. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firm’s attached Appendix 3 – Project Study, Design and Proposed Construction Schedule duration. The Professional firm’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirements. The Professional shall field-check, and verify the accuracy of all architectural and/or wastewater systems design, storm water management, environmental engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firm’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or wastewater systems design, storm water management, environmental engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirements. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-site field conditions will be compensated to the Professional firm, as approved by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firm’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firm’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firm’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change Orders. All Project architectural and/or wastewater systems design, storm water management, environmental engineering study/design services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction Division’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or wastewater systems design, storm water management, environmental engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction Division’s standard of care method for describing the Professional firm’s responsibilities for providing the architectural and/or wastewater systems design, storm water management, environmental engineering study, design and construction administration services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or wastewater systems design, storm water management, environmental engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their Project scope of work. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their Project scope of work requirements.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements in the best interest of the State, and be within the Professional firm’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional remodeling/repair, roof restoration and/or replacement, architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries accepted standard requisites for professional remodeling/repair, roof restoration and/or replacement, architectural and/or engineering study/design practice and services. The Professional firm’s services includes attendance at all Project related meetings and conferences in pursuance thereof. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firm’s attached Appendix 3 – Project Study, Design and Proposed Construction Schedule duration. The Professional firm’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirements. The Professional shall field-check, and verify the accuracy of all remodeling/repair, roof restoration and/or replacement, architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firm’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional remodeling/repair, roof restoration and/or replacement, architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirements. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-site field conditions will be compensated to the Professional firm, as approved by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firm’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firm’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firm’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change Orders. All Project remodeling/repair, roof restoration and/or replacement, architectural and/or engineering study/design services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction Division’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional remodeling/repair, roof restoration and/or replacement, architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction Division’s standard of care method for describing the Professional firm’s responsibilities for providing the remodeling/repair, roof restoration and/or replacement, architectural and/or engineering study, design and construction administration services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional remodeling/repair, roof restoration and/or replacement, architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their Project scope of work. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their Project scope of work requirements.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements in the best interest of the State, and be within the Professional firm’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or environmental engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries accepted standard requisites for professional architectural and/or environmental engineering study/design practice and services. The Professional firm’s services includes attendance at all Project related meetings and conferences in pursuance thereof. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firm’s attached Appendix 3 – Project Study, Design and Proposed Construction Schedule duration. The Professional firm’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirements. The Professional shall field-check, and verify the accuracy of all architectural and/or environmental engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firm’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or environmental engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirements. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-site field conditions will be compensated to the Professional firm, as approved by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firm’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firm’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firm’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change Orders. All Project architectural and/or environmental engineering study/design services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction Division’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or environmental engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction Division’s standard of care method for describing the Professional firm’s responsibilities for providing the architectural and/or environmental engineering study, design and construction administration services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or environmental engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their Project scope of work. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their Project scope of work requirements.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. SAMPLE The Professional shall provide all professional services, technical staff staff, and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry-accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional is ineligible to bid on the construction work of any Bidding Documents produced under this Contract. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firmProfessional’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, Contract having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsProject. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed performed, and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-sitework. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins Soil Erosion and Contract Change Orders resulting from increases Sedimentation Control in the Project scope State of work or previously unknown on-site field conditions Michigan is regulated under the 1994 Public Act 451, as amended – The Natural Resources Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be compensated to the Professional firm, as approved monitored and enforced by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project DirectorDepartment. The Professional shall immediately inform the Department whenever it is indicated that the Professional firmProfessional’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firmProfessional’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for State Universities, Community Colleges, State Agencies, and Professional Services Contractors and State/Client AgenciesService Contractors” and as the legislature, legislature or the Department may prescribe. SAMPLE No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Directorsubmit, the on-site Inspection record standard document form titled “DMB-452DTMB-0452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly submitted monthly, with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a an electronic copy sent to the Project Director, State/Client Agency, and Construction Contractor. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firmProfessional’s monthly submitted payment request. The “DMB-460DTMB-0460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management Department’s current "Capital Outlay Design Manual for State Universities, Community Colleges, State Agencies, and Budget, Facilities Administration, Professional Service Contractors" and the DTMB DCD “Design and Construction Division’s current "Major Project Design Manual Standards for Professional Services Contractors Office Construction and State/Client Agencies" Tenant Fit Out” unless otherwise approved in writing by the Department. SAMPLE The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work at hand and be responsible for identifying any additional Task services necessary to successfully complete their Project. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope Director to the Professional and for the purpose, and to the extent so authorized. Should litigation occur because of work requirementsthis Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during litigation.

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Samples: www.bidnet.com

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PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff staff, and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry-accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency Agency, or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firmProfessional’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, Contract having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsProject. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed performed, and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-sitework. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins Soil Erosion and Contract Change Orders resulting from increases Sedimentation Control in the Project scope State of work or previously unknown on-site field conditions Michigan is regulated under the 1994 Public Act 451, as amended – The Natural Resources Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be compensated to the Professional firm, as approved monitored and enforced by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project DirectorDepartment. The Professional shall immediately inform the Department whenever it is indicated that the Professional firmProfessional’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firmProfessional’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors Professionals and State/Client Agencies” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Directorsubmit, the on-site Inspection record standard document form titled “DMB-452DTMB-0452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly submitted monthly, with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy copies sent to the State/Client Agency and Construction ContractorProfessional. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firmProfessional’s monthly submitted payment request. The “DMB-460DTMB-0460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s current "Major Project Design Manual for Professional Services Contractors Professionals and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work at hand and be responsible for identifying any additional Task services necessary to successfully complete their Project. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope Director to the Professional and for the purpose, and to the extent so authorized. Should litigation occur as a result of work requirementsthis Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during the course of litigation.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements in the best interest of the State, and be within the Professional firm’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional water systems design, storm water management, remodeling/repair, roof restoration and/or replacement, structural investigation, architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries accepted standard requisites for professional water systems design, storm water management, remodeling/repair, roof restoration and/or replacement, structural investigation, architectural and/or engineering study/design practice and services. The Professional firm’s services includes attendance at all Project related meetings and conferences in pursuance thereof. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firm’s attached Appendix 3 – Project Study, Design and Proposed Construction Schedule duration. The Professional firm’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirements. The Professional shall field-check, and verify the accuracy of all water systems design, storm water management, remodeling/repair, roof restoration and/or replacement, structural investigation, architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firm’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional water systems design, storm water management, remodeling/repair, roof restoration and/or replacement, structural investigation, architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirements. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-site field conditions will be compensated to the Professional firm, as approved by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firm’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firm’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firm’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change Orders. All Project water systems design, storm water management, remodeling/repair, roof restoration and/or replacement, structural investigation, architectural and/or engineering study/design services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction Division’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional water systems design, storm water management, remodeling/repair, roof restoration and/or replacement, structural investigation, architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction Division’s standard of care method for describing the Professional firm’s responsibilities for providing the water systems design, storm water management, remodeling/repair, roof restoration and/or replacement, structural investigation, architectural and/or engineering study, design and construction administration services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional water systems design, storm water management, remodeling/repair, roof restoration and/or replacement, structural investigation, architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their Project scope of work. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their Project scope of work requirements.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements in the best interest of the State, and be within the Professional firm’s not-to-exceed lump sum monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or and engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State requirements, and be in accordance with the industries accepted standard requisites for professional architectural and/or and engineering study/design practice and services. The Professional firm’s services includes attendance at all Project related meetings and conferences in pursuance thereof. Professional services for this Project shall be provided in the Phase/Task Phase sequence shown below and shall be rendered in accordance with the Professional firm’s attached Appendix 3 – Project Study, Design and Proposed Construction Schedule duration. The Professional firm’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task Phase services appropriate for the Project scope of work requirements. The Professional shall field-check, and verify the accuracy of all architectural and/or and engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firm’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s Professional's performance under this Contract. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not- to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan’s current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or and engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirements. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins and Contract Change Orders resulting from increases in the Project scope of work or previously unknown on-on- site field conditions will be compensated to the Professional firm, as approved by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services also include participation in legislative presentations as may be required by the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firm’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s ’s, Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firm’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work requirements who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firm’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change Orders. The Professional shall be required to obtain from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director, the on-site Inspection record standard document form titled “DMB-452, The Professional firm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy sent to the Construction Contractor. The on-site Inspection record standard document form shall be completed and accompany the Professional firm’s monthly submitted payment request. All Project architectural and/or and engineering study/design services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction Division’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. HAZARDOUS MATERIALS: Where the Professional firm’s Project scope of work involves work in an existing building and/or utility system, indicate for the Department, in writing, and by scaled graphic diagram any building and/or site utility areas that may have potential hazardous material contamination and may require testing, abatement and/or removal by the Department, prior to the renovation and/or during the new construction work of the Project. Hazardous materials testing and removal for this Project, will be performed by the Department with other professional firms by separate Contract, who are licensed and insured to perform this service. Coordinate the Project with any hazardous material removal services required to implement the Project. Include for the Department's use, architectural and engineering drawings and specifications for all restoration work necessary following completion of the removal/abatement Project. Revise the final design/Contract Bidding Documents drawings, specifications and schedule to reflect the impact of the hazardous material removal/abatement scope of work on the existing State/Client Agency facility operations. The professional architectural and/or and engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service Phase descriptions outlined in this Contract represents intend to outline the Department of Management and Budget, Facilities Administration, Design and Construction Division’s standard of care method for describing the Professional firm’s responsibilities for providing the professional architectural and/or and engineering study, design and construction administration services of for this Contract, but by inclusion, or omission, do not limit or exclude exclude, any regular or normal professional services service necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted standard requisites for professional architectural and/or and engineering study/design practice and standardsservices. HoweverPHASE 100 - STUDY: Provide a complete and comprehensive architectural and engineering study with itemized construction cost estimates based upon the Department of Management and Budget, all of the study/design Phase/Task service descriptions outlined in this Contract may or may not be applicable to the DepartmentFacilities Administration, Design and Construction Division’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements to research, analyze, and will require report the Professional to identify only the study/design Phase/Task services that are applicable for their Project scope of work. The Professional shall determine and coordinate the interface results of the study/design Project Study Phase/Task services required for their . Prepare a complete study report in the following outline and in such detail as the Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their Project scope of work requirements.may prescribe:

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff staff, and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry-accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional is ineligible to bid on the construction work of any Bidding Documents produced under this Contract. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firmProfessional’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, Contract having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsProject. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-sitework. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins Soil Erosion and Contract Change Orders resulting from increases Sedimentation Control in the Project scope State of work or previously unknown on-site field conditions Michigan is regulated under the 1994 Public Act 451, as amended – The Natural Resources Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be compensated to the Professional firm, as approved monitored and enforced by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project DirectorDepartment. The Professional shall immediately inform the Department whenever it is indicated that the Professional firmProfessional’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firmProfessional’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Directorsubmit, the on-site Inspection record standard document form titled “DMB-452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly submitted monthly, with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy copies sent to the State/Client Agency and Construction Contractor. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firmProfessional’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work at hand and be responsible for identifying any additional Task services necessary to successfully complete their Project. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope Director to the Professional and for the purpose, and to the extent so authorized. Should litigation occur as a result of work requirementsthis Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during the course of litigation.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional servicesprovide, technical without exception, every professional, scientific, technical, and environmental discipline, staff and support personnel personnel, along with all supplies, equipment and testing apparatus, and all other specialized personnel, services necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry-accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design design, and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional is ineligible to bid on the construction work of any Bidding Documents produced under this Contract. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder or supplier for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firm’s performance under this Contract. This Contract will remain in effect for three (3) years from the date of Contract award but may be unilaterally terminated by the State of Michigan at any time, for cause or its convenience, by written notification of the State, to the Professional. Furthermore, this Contract may be extended for one (1) additional year, at the sole option and discretion of the State upon the Department providing written notice to the Professional prior to the expiration of the original three (3) year Contract time period. Any such time extension shall be subject to the terms and conditions of this Contract, including, but not limited to, the existing hourly billing rates included in this Contract for the Professional, their Consultant, and their employees or agents. The Professional acknowledges by signing this Professional Services Contract, having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design design, and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsProject. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’sDepartment, Project Director Director, and the Professional. Professional services shall not be performed performed, and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-site. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation assignment of, or continuation of Bulletins any assigned Project work is conditional upon satisfactory performance for the Department. All on‑site management and Contract Change Orders resulting from increases supervisors directly responsible for, or who shall supervise personnel engaged in, hazardous waste operations shall have successfully completed the Department of Environmental Protection Agency's, Safety Training Program in accordance with the requirements of the General Industry Standards, 29 CFR 1910.120. The Professional shall provide a Health and Safety Plan (H.A.S.P.) before implementation of the approved Project work plan. Response to the assigned Project scope of work or previously unknown on-site field conditions will be compensated to shall begin no later than two (2) business days from the date of written notification of the Department’s need for Professional services. Where authorized, elsewhere in this Contract, the Professional firmmay provide testing services, as approved by the Project Directorwith a Department approved, and fully qualified laboratory on an hourly billing rate basis in accordance authorized reimbursable expense basis. The Professional shall reference current State of Michigan, federal statutes, and current administrative rules when implementing response activities or corrective actions at the sites with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) environmental contamination to comply with the current requirements of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management Natural Resources Environmental Protection Act (NREPA), 1994 PA 451, as amended. Soil Erosion and BudgetSedimentation Control in the State of Michigan is regulated under the 1994 Public Act 451, Facilities Administrationas amended – The Natural Resources Environmental Protection Act, Design Part 91 – Soil Erosion and Construction Division’sSedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be monitored and enforced by the Department. The Professional shall reference current operational memoranda including the Tier 1 Risk-Based Screening Levels (RBLSs) look-up tables, Project Directorthe current edition of the American Society for Testing and Materials (ASTM), Standard Guide for Risk-Based Corrective Action (RBCA), E1739-95 including the policy decisions made to customize the standard Guide for Risk-Based Corrective Action process into a State of Michigan specific process and the General Guidance for Evaluating and Characterizing Petroleum Releases documents issued by the Department of Environmental Quality as needed to assist in implementing the corrective action activities undertaken under Part 213 of the 1994 PA 451, as amended. For sites with activities undertaken under Part 201 of the 1994 PA 451, as amended, the Professional is required to refer to the operational memoranda including Part 201 Generic Clean-up and Screening Levels and the Training Material issued by the Department of Environment Quality, as needed to determine whether a remedial plan/response activity complies with the requirements of Part 201 of the 1994 PA 451, as amended. The Professional shall immediately inform the Department whenever it is indicated that the Professional firm’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firm’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 - Contract XII -Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Director, submit the on-site Inspection inspection record standard form document form titled “DMB-452DTMB-0452, The Professional firmFirm’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmFirm’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly with the original form document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy copies sent to the State/client Agency and Construction Contractor. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firm’s monthly submitted payment request. The “DMB-460DTMB-0460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements Project, in full compliance with all applicable safety and health regulations and be in accordance with the approved Project Budget and the best industries accepted requisites for professional architectural and/or engineering study/design practice practice, occupational safety, and health standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work and be responsible for identifying any additional Task services necessary to successfully complete their the Project. Should litigation occur as a result of this Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during the course of litigation. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope of work requirementsDirector to the Professional and for the purpose, and to the extent so authorized.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. The Professional shall provide all professional services, technical staff staff, and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry-accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firmProfessional’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, Contract having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsProject. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-sitework. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins Soil Erosion and Contract Change Orders resulting from increases Sedimentation Control in the Project scope State of work or previously unknown on-site field conditions Michigan is regulated under the 1994 Public Act 451, as amended – The Natural Resources Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be compensated to the Professional firm, as approved monitored and enforced by the Project Director, on an hourly billing rate basis in accordance with this article. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project DirectorDepartment. The Professional shall immediately inform the Department whenever it is indicated that the Professional firmProfessional’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firmProfessional’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Directorsubmit, the on-site Inspection record standard document form titled “DMB-452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly submitted monthly, with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a copy copies sent to the State/Client Agency and Construction Contractor. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firmProfessional’s monthly submitted payment request. The “DMB-460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work at hand and be responsible for identifying any additional Task services necessary to successfully complete their Project. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope Director to the Professional and for the purpose, and to the extent so authorized. Should litigation occur as a result of work requirementsthis Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during the course of litigation.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. SAMPLE The Professional shall provide all professional services, technical staff staff, and support personnel necessary to achieve the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements Statement, in the best interest of the State, and be within the Professional firmProfessional’s not-to-exceed monetary compensation fee(s) herein authorized by the State. Project services shall comprise, without exception, every professional architectural and/or engineering study/design discipline and expertise necessary to meet all the requirements as described in the attached Appendix l - Project/Program Statement scope of work and be within the amount authorized by the State and be in accordance with the industries industry- accepted standard requisites for professional architectural and/or engineering study/design practice and services. The Professional firmProfessional’s services includes include attendance at all Project related meetings and conferences in pursuance thereofconferences. Professional services for this Project shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional firmProfessional’s attached Appendix 3 – Project Study, Design Design, and Proposed Construction Schedule durationSchedule. The Professional firmProfessional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project scope of work requirementsProject. The Professional shall field-check, check and verify the accuracy of all architectural and/or engineering drawings and any data furnished by the Department, the State/Client Agency or any other Project related source. The Professional is ineligible to bid on the construction work of any Bidding Documents produced under this Contract. The Professional shall not employ or consult with any firms in completing the Professional firmProfessional’s obligations herein who it anticipates will be a construction Bidder for the Project or any part thereof, unless specifically authorized, in writing, by the Department. The Professional acknowledges that the Department is the first interpreter of the Professional firmProfessional’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract, Contract having a clear understanding of the requested Project scope of work requirements and of the professional architectural and/or engineering study, design and construction administration services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional monetary compensation fee(s) for the Professional firm to provide the requested Project scope of work requirementsProject. No increase in monetary compensation fee to the Professional firm will be allowed unless there is a material change made to the Project scope of work requirements as described in the Department’s approved and attached Appendix 1 - Project/Program Statement scope of work requirements and the change in scope to the Project/Program Statement scope of work requirements is accepted and approved in writing, by the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and the Professional. Professional services shall not be performed performed, and no Project monetary expenses shall be incurred by the Professional firm prior to the issuance of a written and signed Professional Services Contract and a DMB Form 402 - Contract Order by the Department to the Professional, authorizing the Professional firm to start the Project work on-sitework. Compensation for Department directed changes to the Project or modifications to the Project scope of work requirements will be provided to the Professional firm by a Contract Modification and/or Contract Change Order signed by the Department and the Professional. The preparation of Bulletins Soil Erosion and Contract Change Orders resulting from increases Sedimentation Control in the Project scope State of work or previously unknown on-site field conditions Michigan is regulated under the 1994 Public Act 451, as amended – The Natural Resources Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be compensated to the Professional firm, as approved monitored and enforced by the Project Director, on an hourly billing rate basis in accordance with this articleDepartment. This monetary compensation shall not exceed seven and one-half percent (7.5%) of the Construction Contractor’s quotation for the Bulletin or Contract Change Order or an amount mutually agreed upon by the Professional firm and the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director. SAMPLE The Professional shall immediately inform the Department whenever it is indicated that the Professional firmProfessional’s authorized Project not-to-exceed Budget cost may be exceeded. The Professional shall make recommendations to the Department for revisions to the Project to bring the Project Cost back to the Professional firmProfessional’s original authorized Budget amount. Any revision to the Project scope of work requirements must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as may be required by described in the State of Michigan's current Capital Outlay manual for “Major Project Design Manual for State Universities, Community Colleges, State Agencies, and Professional Services Contractors and State/Client AgenciesService Contractors” and as the legislature, legislature or the Department may prescribe. No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Professional firmProfessional’s attached Appendix 2 – Project Organizational Chart will be allowed by the Professional firm for this Contract without the prior written consent from the Department of Management and Budget, Facilities Administration, Design and Construction Division’s Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional firm shall submit a written request to the Project Director for personnel substitution Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitutionModification; (2) Detailed written justification for this “Key Principal Personnel/Employee” substitution; (3) The Professional firmProfessional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional firm assuring the Department that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution changesubstitution. This request by the Professional firm to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department of Management and Budget, Facilities Administration, on the Department’s, Professional Services Contract Modification form (DMB-410). The Department of Management and Budget, Facilities Administration, Design and Construction Division will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and have the authority to render Project decisions and furnish information promptly. Except, Except in connection with issues under the Article 12 - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional firmProfessional’s services in so far as they affect the interest of the State. The Professional shall indemnify, defend, and hold harmless the State against exposure to claims arising from delays, negligence negligence, or delinquencies by the Professional for the professional services of this Contract. During the study, design and construction Phase administration services of this Project, the Professional shall be required to obtain from the Department of Management complete and Budget, Facilities Administration, Design and Construction Division’s, Project Directorsubmit, the on-site Inspection record standard document form titled “DMB-452DTMB-0452, The Professional firmProfessional’s Inspection Record” for all on-site Inspection visits to the Project site. This standard document form is a part of the “DMB-460, Project Procedures” documents package. The Professional firmProfessional’s Inspection Record standard document form shall be completed and signed by the Professional and compiled monthly submitted monthly, with the original document sent to the Department of Management and Budget, Facilities Administration, Design and Construction Division’s, Project Director and a an electronic copy sent to the Project Director, State/Client Agency, and Construction Contractor. The on-site Professional’s Inspection record standard document form Record shall be completed and accompany the Professional firmProfessional’s monthly submitted payment request. The “DMB-460DTMB-0460, Project Procedures” documents package containing Department forms for use during construction administration shall be used by the Professional in the administration of this Contract and contains the following Department of Management and Budget, Facilities Administration standard document forms: (1) DMB-413, General Release – Visitors; (2) DMB- 426, Builder’s Risk Claim; (3) DMB-434, Certification of Off-Site Material Storage; (4) DMB-437, Guarantee and Indebtedness Statement; (5) DMB-440, Payment Request; (6) DMB-441, Meeting Attendance Record; (7) DMB-445, Certificate of Substantial Completion; (8) DMB-452, Professional firm’s Inspection Record; (9) DMB-485, Bulletin Authorization No.; (10) Instructions for Schedule of Value; (11) DMB-487, Material Stored on Project/Job Site; and (12) DMB–489, Instructions to Construction Contractors for Preparation of Bulletin Cost Quotations for Contract Change OrdersContract. SAMPLE All Project architectural and/or engineering study/design professional services will be consistent with the Department of Management Department’s current "Capital Outlay Design Manual for State Universities, Community Colleges, State Agencies, and Budget, Facilities Administration, Professional Service Contractors" and the DTMB DCD “Design and Construction Division’s current "Major Project Design Manual Standards for Professional Services Contractors Office Construction and State/Client Agencies" Tenant Fit Out” unless otherwise approved in writing by the Department. The professional architectural and/or engineering design services required for each Phase of this Contract shall be performed by the Prime Professional firm and their Consultant firm’s Consultants in accordance with Task service descriptions in this article. The following study/design Phase/Task service descriptions outlined in this Contract represents the Department of Management and Budget, Facilities Administration, Design and Construction DivisionDepartment’s standard of care method for describing the Professional firmProfessional’s responsibilities for providing the architectural and/or engineering study, design and construction administration professional services of this Contract, but by inclusion, or omission, do not limit or exclude any regular or normal professional services necessary to accomplish the Project scope of work requirements and be in accordance with the approved Project Budget and the industries accepted requisites for professional architectural and/or engineering study/design practice and standards. However, all of the study/design Phase/Task service descriptions services outlined in this Contract may or may not be applicable to the Department’s approved and attached Appendix 1 – Project/Program Statement scope of work requirements and will require the Professional to identify only the study/design Phase/Task services that are applicable for their the Project scope of workat hand. The Professional shall determine and coordinate the interface of the study/design Phase/Task services required for their the Project scope of work at hand and be responsible for identifying any additional Task services necessary to successfully complete their Project. The following professional services, if they become necessary and essential for completing the Project, will be individually rendered by the Professional, only upon specific written authorization by the Department and the Project scope Director to the Professional and for the purpose, and to the extent so authorized. Should litigation occur because of work requirementsthis Project, only if through no fault of the Professional, the Professional firm shall be compensated by the Department on an actual hourly billing rate basis at the rate set forth in this Contract by a Contract Modification and/or Contract Change Order, if required to assist the Department of Attorney General, State Affairs Division in providing the professional services necessary during litigation.

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Samples: www.bidnet.com

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