Common use of PROFESSIONAL SERVICES SCOPE OF WORK Clause in Contracts

PROFESSIONAL SERVICES SCOPE OF WORK. Provide professional environmental services, technical staff, and support personnel for ISID minor projects on an as-needed basis at various State/Client Agencies within the various site location areas as defined by the State of Michigan. These various ISID minor projects may include projects where the construction costs are between fifteen-thousand dollars ($15,000) and five- hundred-thousand dollars ($500,000) for this Contract. This Contract is for professional design services for an unspecified number of ISID projects. The scope of work for each assigned project will be defined at the time the project is awarded by the State to the Professional firm. The professional environmental services required for each of these assigned projects requested by the Department/Agency may include any or all of the Tasks included in the Phase 100 – Study. The Professional firm’s environmental services shall be performed in strict accordance with this Professional Services Contract and be in compliance with the Department’s approved and attached Appendix 1– Project/Program Statement. This Contract does not warrant or imply to the Professional design firm, entitlement to perform any specific percentage (%) amount of environmental work during the life of this three (3) year Contract. This Contract will remain in effect for one (1) year from the date of this 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) option 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 one 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. Please note that for this Professional Services Contract ISID Contract No. 00414, as noted on page 1, must be provided on all Project correspondence and documents. Also, you are not to provide any services or incur expenses until individual ISID Projects are assigned to this Contract (see the Article II – Compensation and the Appendix 1 – Project/Program Statement). The Professional shall provide all professional services, technical staff, and support personnel necessary to achieve the Project as described in its Project/Program Statement, in the best interest of the State, and be within the Professional’s fee(s) herein authorized by the State. Assigned project services shall comprise, without exception, every professional discipline and expertise necessary to meet all the requirements as described in the Project/Program Statement and be in accordance with the accepted industry standards for professional practice and services. The Professional’s services includes attendance at all Project related meetings and conferences. Professional services for the assigned projects under this contract shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional’s proposed and approved Project Study, Design, and Proposed Construction Schedule. The Professional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project. The Professional shall field-check and verify the accuracy of all 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’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’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract having a clear understanding of the requested professional services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional fee(s) for the Professional to provide the requested Project scope of work requirements for each assigned project. No increase in fee to the Professional will be allowed unless there is a material change made to the Project as described in its Project/Program Statement and the change in scope to the Project/Program Statement is accepted and approved in writing, by the Project Director and the Professional. Professional services shall not be performed and no Project expenses shall be incurred by the Professional prior to the issuance of a written and signed Professional Services Contract and a Contract Order authorizing the Professional to start the Project work. Compensation for Department directed changes to the Project 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 billing rate basis in accordance with this article. This compensation shall not exceed seven and 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 and the Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional’s authorized not-to- exceed Budget for any of the assigned Projects may be exceeded. The Professional shall make recommendations to the Department for revisions to bring the Project Cost back to the Professional’s original authorized Budget amount. Any revision to the Project must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as described in the “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” essential for the successful completion of the Project and identified in the Professional’s Organizational Chart will be allowed by the Professional for this Contract without the prior written consent from the Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional shall submit a written request to the Project Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification; (2) Detailed written justification for this substitution; (3) The Professional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional assuring the Department that the Project scope of work will not be adversely affected by this substitution. This request to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department. The Department will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Project/Program Statement and have the authority to render Project decisions and furnish information promptly. Except in connection with issues under the Article XII - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional’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 construction administration services of the Project, the Professional shall be required to complete and submit, the on-site Inspection record form titled “DMB-452, The Professional’s Inspection Record” for all on-site Inspection visits to the Project site. The Professional’s Inspection Record shall be completed and signed by the Professional and submitted monthly, with the original document sent to the Project Director and copies sent to the State/Client Agency and Construction Contractor. The Professional’s Inspection Record shall accompany the Professional’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. All professional services will be consistent with the Department’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional services required for this Contract shall be performed by the Prime Professional and their Consultants in accordance with service descriptions in this article. The following service descriptions outlined in this Contract represents the Department’s standard of care method for describing the Professional’s responsibilities for providing the 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 and be in accordance with the approved Project Budget and the industries accepted practice and standards for professional services. However, all of the services outlined in this Contract may or may not be applicable to the Project/Program Statement and will require the Professional to identify only the services that are applicable for the Project at hand. The Professional shall determine and coordinate the interface of the services required for the Project at hand and be responsible for identifying any additional services necessary to successfully complete their Project.

Appears in 1 contract

Samples: www.michigan.gov

AutoNDA by SimpleDocs

PROFESSIONAL SERVICES SCOPE OF WORK. Provide professional environmental laboratory testing services, technical staff, staff and support personnel for ISID minor projects various assigned laboratory testing Projects on an as-as- needed basis at various State/Client Agencies within the various site location areas as defined by the State of Michigan. These various ISID minor projects may include projects where the construction costs are between fifteen-thousand dollars ($15,000) and five- hundred-thousand dollars ($500,000) for this ContractDepartment. This laboratory testing Contract is for professional design services will be used for an unspecified number of ISID projectsprojects conducted under The Natural Resources and Environmental Protection Act, 1994 P.A. 451, as amended. The scope of work for each assigned project will be defined at the time the project is awarded by the State to the Professional firm. The professional environmental services required for each of these assigned projects requested by the Department/Agency Department may include any or all of the Tasks included services outlined in the Phase 100 – StudyProject Statement/Scope of Work. The Professional firm’s environmental services shall be performed in strict accordance with this Professional Services Contract and be in compliance with the Department’s approved and attached Appendix 1– Project/Program Project Statement. The total compensation to be paid to the Professional by the Department for all assigned ISID Projects under this Contract will not exceed one million dollars ($1,000,000.00) unless, otherwise approved in writing by the Department. This Contract does not warrant or imply to the Professional design firm, entitlement to perform any specific percentage (%) amount of environmental work during the life of this three (3) year Contract. This Contract will remain in effect for one three (13) year years from the date of this Contract award, 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 one (21) option yearsadditional 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 one 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 cost per sample included in this Contract for the Professional, their ConsultantSubcontractors/Consultants, and their employees or agents. Please note that for this Professional Services Contract ISID Contract No. 00414., as noted on page 1, must be provided on all Project correspondence and documents. Also, you are not to provide any laboratory testing services or incur expenses until individual ISID Projects are assigned to this Contract (see the Article II – Compensation and the Appendix 1 – Project/Program Statement). The Professional shall provide all professional servicesprovide, technical staffwithout 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 as described in its the attached Project/Program StatementStatement(s), in and to perform such work for compensation fee(s) according to the best interest of the State, professional laboratory testing services rendered and be within the ProfessionalProfessional firm’s not-to-exceed compensation fee(s) herein amount authorized by the State. Assigned project services shall comprise, without exception, every professional discipline in this Contract and expertise necessary to meet all the requirements as described in the Project/Program Statement and be in accordance with the accepted industry standards for professional practice and services. The Professional’s services includes attendance at all Project related meetings and conferences. Professional services for the assigned projects under this contract shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional’s proposed and Department approved Project Study, Design, and Proposed Construction Schedule. The Professional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the ProjectContract Change Orders. The Professional shall field-check and verify the accuracy of all study/drawing and any data Project Scope of Work furnished by the Department, the State/Client Agency Department or any other Project related source. The Professional shall not employ assignment of, or consult with continuation of any firms in completing the Professional’s obligations herein who it anticipates will be a construction Bidder assigned Project work is conditional upon satisfactory performance for the Department. The Professional firm’s response to the assigned Project or any part thereof, unless specifically authorized, in writing, by Scope of Work shall begin no later than two (2) business days from the date of written notification of the Department’s need for professional services. The Professional acknowledges that the Department is the first interpreter of the ProfessionalProfessional firm’s performance under this Contract. The Professional shall refer to the State of Michigan, Department of Environment, Great Lakes and Energy operational memorandum to assist them in performing analytical laboratory testing services for a Project. The Professional acknowledges by signing this Professional Services Contract having a clear understanding of the requested professional services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate accurate professional fee(s) for the Professional to provide the requested Project scope of work requirements for each assigned project. No increase in fee to the Professional will be allowed unless there is a material change made to the Project as described in its Project/Program Statement and the change in scope to the Project/Program Statement is accepted and approved in writing, by the Project Director and the Professional. Professional services shall not be performed performed, and no Project expenses shall be incurred by the Professional prior to the issuance of a written and signed Professional Services Contract and a Contract Order authorizing the Professional to start the Project work. Compensation for Department directed changes to the Project 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 billing rate basis in accordance with this article. This compensation shall not exceed seven and 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 and the Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional’s authorized not-to- to-exceed Budget for any of the assigned Projects may be exceeded. The Professional shall make recommendations to the Department for revisions to bring the Project Cost back to the Professional’s original authorized Budget amount. Any revision to the Project must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as described in the “Major Project Design Manual for Professional Services Contractors and State/Client Agencies” and as directed by the legislature or the Department may prescribeDepartment. No substitution of any “Key Principal Personnel/Employee” essential for the successful completion of the Project and identified in the Professional’s Organizational Chart will be allowed by the Professional for this Contract without the prior written consent from the Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional shall submit a written request to the Project Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification; (2) Detailed written justification for this substitution; (3) The Professional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional assuring the Department that the Project scope of work will not be adversely affected by this substitution. This request to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department. The Department will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Project/Program Statement and have the authority to render Project decisions and furnish information promptly. Except in connection with issues under the Article XII - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional’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 construction administration services of the Project, the Professional shall be required to complete and submit, the on-site Inspection record form titled “DMB-452, The Professional’s Inspection Record” for all on-site Inspection visits to the Project site. The Professional’s Inspection Record shall be completed and signed by the Professional and submitted monthly, with the original document sent to the Project Director and copies sent to the State/Client Agency and Construction Contractor. The Professional’s Inspection Record shall accompany the Professional’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. All professional services will be consistent with the Department’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional services required for of this Contract shall be performed by the Prime Professional and their Consultants in accordance with the Phase/Task service descriptions description in this article. The following Phase/Task service descriptions description outlined in this Contract represents the Department’s standard of care method for describing the ProfessionalProfessional firm’s responsibilities for providing the professional laboratory testing 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 as required by the governing environmental enforcing agency, in full compliance with all applicable safety and health regulations and be in accordance with the approved Project Budget and the best industries accepted practice requisites for occupational safety and health standards for of professional serviceslaboratory testing practice. However, all of the services outlined in this Contract may or may not be applicable to the Project/Program Statement and will require the Professional to identify only the services that are applicable for the Project at hand. The Professional shall determine and coordinate the interface of the services required for the their Project at hand Scope of Work and be responsible for identifying any additional Task services necessary to successfully complete their ProjectProject Scope of Work.

Appears in 1 contract

Samples: www.bidnet.com

PROFESSIONAL SERVICES SCOPE OF WORK. Provide professional environmental services, technical staff, and support personnel for ISID minor projects on an as-needed basis at various State/Client Agencies within the various site location areas as defined by the State of Michigan. These various ISID minor projects may include projects where the construction costs are between fifteen-thousand dollars ($15,000) and five- hundred-thousand dollars ($500,000) for this Contract. This Contract is for professional design services for an unspecified number of ISID projects. The scope of work for each assigned project will be defined at the time the project is awarded by the State to the Professional firm. The professional environmental services required for each of these assigned projects requested by the Department/Agency may include any or all of the Tasks included in the Phase 100 – Study. The Professional firm’s environmental services shall be performed in strict accordance with this Professional Services Contract and be in compliance with the Department’s approved and attached Appendix 1– Project/Program Statement. This Contract does not warrant or imply to the Professional design firm, entitlement to perform any specific percentage (%) amount of environmental work during the life of this three (3) year Contract. This Contract will remain in effect for one (1) year from the date of this 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) option 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 one 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. Please note that for this Professional Services Contract ISID Contract No. 0041400419, as noted on page 1, must be provided on all Project correspondence and documents. Also, you are not to provide any services or incur expenses until individual ISID Projects are assigned to this Contract (see the Article II – Compensation and the Appendix 1 – Project/Program Statement). The Professional shall provide all professional services, technical staff, and support personnel necessary to achieve the Project as described in its Project/Program Statement, in the best interest of the State, and be within the Professional’s fee(s) herein authorized by the State. Assigned project services shall comprise, without exception, every professional discipline and expertise necessary to meet all the requirements as described in the Project/Program Statement and be in accordance with the accepted industry standards for professional practice and services. The Professional’s services includes attendance at all Project related meetings and conferences. Professional services for the assigned projects under this contract shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional’s proposed and approved Project Study, Design, and Proposed Construction Schedule. The Professional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project. The Professional shall field-check and verify the accuracy of all 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’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’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract having a clear understanding of the requested professional services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional fee(s) for the Professional to provide the requested Project scope of work requirements for each assigned project. No increase in fee to the Professional will be allowed unless there is a material change made to the Project as described in its Project/Program Statement and the change in scope to the Project/Program Statement is accepted and approved in writing, by the Project Director and the Professional. Professional services shall not be performed and no Project expenses shall be incurred by the Professional prior to the issuance of a written and signed Professional Services Contract and a Contract Order authorizing the Professional to start the Project work. Compensation for Department directed changes to the Project 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 billing rate basis in accordance with this article. This compensation shall not exceed seven and 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 and the Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional’s authorized not-to- exceed Budget for any of the assigned Projects may be exceeded. The Professional shall make recommendations to the Department for revisions to bring the Project Cost back to the Professional’s original authorized Budget amount. Any revision to the Project must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as described in the “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” essential for the successful completion of the Project and identified in the Professional’s Organizational Chart will be allowed by the Professional for this Contract without the prior written consent from the Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional shall submit a written request to the Project Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification; (2) Detailed written justification for this substitution; (3) The Professional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional assuring the Department that the Project scope of work will not be adversely affected by this substitution. This request to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department. The Department will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Project/Program Statement and have the authority to render Project decisions and furnish information promptly. Except in connection with issues under the Article XII - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional’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 construction administration services of the Project, the Professional shall be required to complete and submit, the on-site Inspection record form titled “DMB-452, The Professional’s Inspection Record” for all on-site Inspection visits to the Project site. The Professional’s Inspection Record shall be completed and signed by the Professional and submitted monthly, with the original document sent to the Project Director and copies sent to the State/Client Agency and Construction Contractor. The Professional’s Inspection Record shall accompany the Professional’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. All professional services will be consistent with the Department’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional services required for this Contract shall be performed by the Prime Professional and their Consultants in accordance with service descriptions in this article. The following service descriptions outlined in this Contract represents the Department’s standard of care method for describing the Professional’s responsibilities for providing the 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 and be in accordance with the approved Project Budget and the industries accepted practice and standards for professional services. However, all of the services outlined in this Contract may or may not be applicable to the Project/Program Statement and will require the Professional to identify only the services that are applicable for the Project at hand. The Professional shall determine and coordinate the interface of the services required for the Project at hand and be responsible for identifying any additional services necessary to successfully complete their Project.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. Provide professional environmental services, technical staff, and support personnel for ISID minor projects on an as-needed basis at various State/Client Agencies within the various site location areas as defined by the State of Michigan. These various ISID minor projects may include projects where the construction costs are between fifteen-thousand dollars ($15,000) and five- hundred-thousand dollars ($500,000) for this Contract. This Contract is for professional design services for an unspecified number of ISID projects. The scope of work for each assigned project will be defined at the time the project is awarded by the State to the Professional firm. The professional environmental services required for each of these assigned projects requested by the Department/Agency may include any or all of the Tasks included in the Phase 100 – Study. The Professional firm’s environmental services shall be performed in strict accordance with this Professional Services Contract and be in compliance with the Department’s approved and attached Appendix 1– Project/Program Statement. This Contract does not warrant or imply to the Professional design firm, entitlement to perform any specific percentage (%) amount of environmental work during the life of this three (3) year Contract. This Contract will remain in effect for one (1) year from the date of this 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) option 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 one 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. Please note that for this Professional Services Contract ISID Contract No. 0041400416, as noted on page 1, must be provided on all Project correspondence and documents. Also, you are not to provide any services or incur expenses until individual ISID Projects are assigned to this Contract (see the Article II – Compensation and the Appendix 1 – Project/Program Statement). The Professional shall provide all professional services, technical staff, and support personnel necessary to achieve the Project as described in its Project/Program Statement, in the best interest of the State, and be within the Professional’s fee(s) herein authorized by the State. Assigned project services shall comprise, without exception, every professional discipline and expertise necessary to meet all the requirements as described in the Project/Program Statement and be in accordance with the accepted industry standards for professional practice and services. The Professional’s services includes attendance at all Project related meetings and conferences. Professional services for the assigned projects under this contract shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional’s proposed and approved Project Study, Design, and Proposed Construction Schedule. The Professional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project. The Professional shall field-check and verify the accuracy of all 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’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’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract having a clear understanding of the requested professional services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional fee(s) for the Professional to provide the requested Project scope of work requirements for each assigned project. No increase in fee to the Professional will be allowed unless there is a material change made to the Project as described in its Project/Program Statement and the change in scope to the Project/Program Statement is accepted and approved in writing, by the Project Director and the Professional. Professional services shall not be performed and no Project expenses shall be incurred by the Professional prior to the issuance of a written and signed Professional Services Contract and a Contract Order authorizing the Professional to start the Project work. Compensation for Department directed changes to the Project 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 billing rate basis in accordance with this article. This compensation shall not exceed seven and 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 and the Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional’s authorized not-to- exceed Budget for any of the assigned Projects may be exceeded. The Professional shall make recommendations to the Department for revisions to bring the Project Cost back to the Professional’s original authorized Budget amount. Any revision to the Project must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as described in the “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” essential for the successful completion of the Project and identified in the Professional’s Organizational Chart will be allowed by the Professional for this Contract without the prior written consent from the Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional shall submit a written request to the Project Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification; (2) Detailed written justification for this substitution; (3) The Professional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional assuring the Department that the Project scope of work will not be adversely affected by this substitution. This request to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department. The Department will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Project/Program Statement and have the authority to render Project decisions and furnish information promptly. Except in connection with issues under the Article XII - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional’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 construction administration services of the Project, the Professional shall be required to complete and submit, the on-site Inspection record form titled “DMB-452, The Professional’s Inspection Record” for all on-site Inspection visits to the Project site. The Professional’s Inspection Record shall be completed and signed by the Professional and submitted monthly, with the original document sent to the Project Director and copies sent to the State/Client Agency and Construction Contractor. The Professional’s Inspection Record shall accompany the Professional’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. All professional services will be consistent with the Department’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional services required for this Contract shall be performed by the Prime Professional and their Consultants in accordance with service descriptions in this article. The following service descriptions outlined in this Contract represents the Department’s standard of care method for describing the Professional’s responsibilities for providing the 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 and be in accordance with the approved Project Budget and the industries accepted practice and standards for professional services. However, all of the services outlined in this Contract may or may not be applicable to the Project/Program Statement and will require the Professional to identify only the services that are applicable for the Project at hand. The Professional shall determine and coordinate the interface of the services required for the Project at hand and be responsible for identifying any additional services necessary to successfully complete their Project.

Appears in 1 contract

Samples: www.michigan.gov

AutoNDA by SimpleDocs

PROFESSIONAL SERVICES SCOPE OF WORK. Provide professional environmental services, technical staff, and support personnel for ISID minor projects on an as-needed basis at various State/Client Agencies within the various site location areas as defined by the State of Michigan. These various ISID minor projects may include projects where the construction costs are between fifteen-thousand dollars ($15,000) and five- hundred-thousand dollars ($500,000) for this Contract. This Contract is for professional environmental investigation and/or design services for an unspecified number of ISID projectsprojects (“Assignment”). The scope of work for each assigned project will be defined at the time the project is awarded by the State to the Professional firm. The professional environmental services required for each of these assigned projects requested by the Department/Agency Department may include any or all of the Tasks included in the Phase 100 – StudyStudy through the Phase 900 – Operation and Maintenance Management. The Professional firm’s environmental services shall be performed in strict accordance with this Professional Services Contract and be in compliance with the Department’s approved and attached Appendix 1I– Project/Program Statement. This Contract does not warrant or imply to the Professional design environmental firm, entitlement to perform any specific percentage (%) amount of environmental work during the life of this three (3) year Contract. This Contract will remain in effect for one three (13) year years from the date of this Contract award, 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 one (21) option yearsadditional 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 one 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. Please note that for this the Professional Services Contract ISID Contract No. 00414., as noted on page 1, must be provided on all Project correspondence and documents. Also, you services are not to provide any services be provided or incur expenses incurred until individual ISID Projects are assigned to this Contract (see the Article II – Compensation and the Appendix 1 – Project/Program Statement). Upon award of this Contract and each subsequent assignment, the Professional understands and agrees that time is of the essence. Failure to adhere to timely completion will be grounds for the Department, at its sole discretion, to terminate or limit future work under this Contract. The Professional shall provide all professional services, technical staff, and support personnel necessary to achieve complete the Project as described in its Project/Program Statement, in the best interest of the State, and be within the Professional’s fee(s) herein authorized by the State. Assigned project services shall comprise, without exception, every professional discipline and expertise necessary to meet all the requirements as described in the Project/Program Statement and be in accordance with the accepted industry standards for professional practice and services. The Professional’s services includes include attendance at all Project related meetings and conferences. Professional services for the assigned projects under this contract shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional’s proposed and approved Project Study, Design, and Proposed Construction Schedule. The Professional’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. The Professional shall field-check and verify the accuracy of all 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’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’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract having a clear understanding of the requested professional environmental services required by the Department to provide itDepartment, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional fee(s) for the Professional to provide the requested Project scope of work requirements for each assigned project. No increase in fee compensation to the Professional will be allowed unless there is a material change made to the Project as described in its Projectscope of work of the Assignment/Program Statement and the change in scope to the Project/Program Statement is accepted and approved approved, in writing, by the Project Director and the ProfessionalState. Professional services shall not be performed performed, and no Project expenses shall be incurred by the Professional prior to the issuance of a written and signed Professional Services Contract and a Contract Order authorizing the Professional to start the Project work. Compensation for Department directed changes to the Project 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 changes 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/Agency Project Manager, on an hourly billing rate basis in accordance with this article. This compensation shall not exceed seven and 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 and the Project Director/Agency Project Manager. The Professional shall immediately inform the Department whenever it is indicated that the Professional’s authorized not-to- to-exceed Budget for any of the assigned Projects may be exceeded. The Professional shall make recommendations to the Department for revisions to bring be implemented in order to not exceed the Project Cost back to the Professional’s original authorized Budget amountBudget. Any revision to the Project must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as described in the “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” essential for the successful completion of the Project and identified in the Professional’s Organizational Chart will be allowed by the Professional for this Contract without the prior written consent from the Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional shall submit a written request to the Project Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification; (2) Detailed written justification for this substitution; (3) The Professional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional assuring the Department that the Project scope of work will not be adversely affected by this substitution. This request to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department. The Department will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Project/Program Statement and have the authority to render Project decisions and furnish information promptly. Except in connection with issues under the Article XII - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional’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 construction administration services of the Project, the Professional shall be required to complete and submit, the on-site Inspection record form titled “DMB-452, The Professional’s Inspection Record” for all on-site Inspection visits to the Project site. The Professional’s Inspection Record shall be completed and signed by the Professional and submitted monthly, with the original document sent to the Project Director and copies sent to the State/Client Agency and Construction Contractor. The Professional’s Inspection Record shall accompany the Professional’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. All professional services will be consistent with the Department’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional services required for this Contract shall be performed by the Prime Professional and their Consultants in accordance with service descriptions in this article. The following service descriptions outlined in this Contract represents the Department’s standard of care method for describing the Professional’s responsibilities for providing the 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 and be in accordance with the approved Project Budget and the industries accepted practice and standards for professional services. However, all of the services outlined in this Contract may or may not be applicable to the Project/Program Statement and will require the Professional to identify only the services that are applicable for the Project at hand. The Professional shall determine and coordinate the interface of the services required for the Project at hand and be responsible for identifying any additional services necessary to successfully complete their Project.

Appears in 1 contract

Samples: www.michigan.gov

PROFESSIONAL SERVICES SCOPE OF WORK. Provide professional environmental services, technical staff, and support personnel for ISID minor projects on an as-needed basis at various State/Client Agencies within the various site location areas as defined by the State of Michigan. These various ISID minor projects may include projects where the construction costs are between fifteen-thousand dollars ($15,000) and five- hundred-thousand dollars ($500,000) for this Contract. This Contract is for professional design services for an unspecified number of ISID projects. The scope of work for each assigned project will be defined at the time the project is awarded by the State to the Professional firm. The professional environmental services required for each of these assigned projects requested by the Department/Agency may include any or all of the Tasks included in the Phase 100 – Study. The Professional firm’s environmental services shall be performed in strict accordance with this Professional Services Contract and be in compliance with the Department’s approved and attached Appendix 1– Project/Program Statement. This Contract does not warrant or imply to the Professional design firm, entitlement to perform any specific percentage (%) amount of environmental work during the life of this three (3) year Contract. This Contract will remain in effect for one (1) year from the date of this 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) option 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 one 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. Please note that for this Professional Services Contract ISID Contract No. 0041400422, as noted on page 1, must be provided on all Project correspondence and documents. Also, you are not to provide any services or incur expenses until individual ISID Projects are assigned to this Contract (see the Article II – Compensation and the Appendix 1 – Project/Program Statement). The Professional shall provide all professional services, technical staff, and support personnel necessary to achieve the Project as described in its Project/Program Statement, in the best interest of the State, and be within the Professional’s fee(s) herein authorized by the State. Assigned project services shall comprise, without exception, every professional discipline and expertise necessary to meet all the requirements as described in the Project/Program Statement and be in accordance with the accepted industry standards for professional practice and services. The Professional’s services includes attendance at all Project related meetings and conferences. Professional services for the assigned projects under this contract shall be provided in the Phase/Task sequence shown below and shall be rendered in accordance with the Professional’s proposed and approved Project Study, Design, and Proposed Construction Schedule. The Professional’s study, design and proposed construction schedule shall be detailed, undated, and time sequence related for all Phase/Task services appropriate for the Project. The Professional shall field-check and verify the accuracy of all 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’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’s performance under this Contract. The Professional acknowledges by signing this Professional Services Contract having a clear understanding of the requested professional services required by the Department to provide it, and further agrees that the terms and conditions of this Professional Services Contract provide adequate professional fee(s) for the Professional to provide the requested Project scope of work requirements for each assigned project. No increase in fee to the Professional will be allowed unless there is a material change made to the Project as described in its Project/Program Statement and the change in scope to the Project/Program Statement is accepted and approved in writing, by the Project Director and the Professional. Professional services shall not be performed and no Project expenses shall be incurred by the Professional prior to the issuance of a written and signed Professional Services Contract and a Contract Order authorizing the Professional to start the Project work. Compensation for Department directed changes to the Project 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 billing rate basis in accordance with this article. This compensation shall not exceed seven and 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 and the Project Director. The Professional shall immediately inform the Department whenever it is indicated that the Professional’s authorized not-to- exceed Budget for any of the assigned Projects may be exceeded. The Professional shall make recommendations to the Department for revisions to bring the Project Cost back to the Professional’s original authorized Budget amount. Any revision to the Project must be accepted and approved by the Department in writing. The professional services may also include participation in legislative presentations as described in the “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” essential for the successful completion of the Project and identified in the Professional’s Organizational Chart will be allowed by the Professional for this Contract without the prior written consent from the Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Professional shall submit a written request to the Project Director, and this substitution request shall include the following information: (1) A request in writing for a No Cost Contract Modification; (2) Detailed written justification for this substitution; (3) The Professional’s qualifications of any proposed “Key Principal Personnel/Employee” replacement; and (4) A written statement from the Professional assuring the Department that the Project scope of work will not be adversely affected by this substitution. This request to modify their Professional Services Contract must be accepted and approved in writing by the Project Director and the Director of the Department. The Department will designate an individual to serve as the Project Director for the Project scope of work who shall be fully acquainted with the Project/Program Statement and have the authority to render Project decisions and furnish information promptly. Except in connection with issues under the Article XII - Contract Claims and Disputes text, the Project Director will exercise general management and administration for the Professional’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 construction administration services of the Project, the Professional shall be required to complete and submit, the on-site Inspection record form titled “DMB-452, The Professional’s Inspection Record” for all on-site Inspection visits to the Project site. The Professional’s Inspection Record shall be completed and signed by the Professional and submitted monthly, with the original document sent to the Project Director and copies sent to the State/Client Agency and Construction Contractor. The Professional’s Inspection Record shall accompany the Professional’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. All professional services will be consistent with the Department’s current "Major Project Design Manual for Professional Services Contractors and State/Client Agencies" unless otherwise approved in writing by the Department. The professional services required for this Contract shall be performed by the Prime Professional and their Consultants in accordance with service descriptions in this article. The following service descriptions outlined in this Contract represents the Department’s standard of care method for describing the Professional’s responsibilities for providing the 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 and be in accordance with the approved Project Budget and the industries accepted practice and standards for professional services. However, all of the services outlined in this Contract may or may not be applicable to the Project/Program Statement and will require the Professional to identify only the services that are applicable for the Project at hand. The Professional shall determine and coordinate the interface of the services required for the Project at hand and be responsible for identifying any additional services necessary to successfully complete their Project.

Appears in 1 contract

Samples: www.michigan.gov

Time is Money Join Law Insider Premium to draft better contracts faster.