Agency’s Use of Performance Evaluation. Agency may, at its sole discretion, use performance evaluation findings and conclusions in any way deemed necessary by Agency, including, but not limited to, corrective action, requiring submittal of performance improvement plan by Consultant, withholding of retainage, determining eligibility for future WOC assignments (or extension of WOC assignment period, if applicable), and as a criterion of selection for future Agency contracts. Consultant shall be in conformance with the ODOT Conflict of Interest Guidelines. The ODOT Conflict of Interest Guidelines (as may be revised from time to time by Agency) is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein, and is available at the following Internet address: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/ODOT/Business/Procurement/Pages/PSK.aspx. If any disclosures must be made on the part of Consultant or any of its Associates per: (a) the ODOT Conflict of Interest Guidelines, or (b) Part II, Section 1.b of the PA Terms and Conditions, or (c) the additional conflicts identified below, Consultant shall submit a complete, true and accurate Conflict of Interest Disclosure Form using the form available at the above Internet address. When performing services for Agency, Consultant and its subconsultants (and their respective employees and agents) must be free of conflicting or competing interests that could interfere with their ability to properly discharge their professional obligations to Agency. An employee or agent of Consultant or a subconsultant that is an Engineer of Record, Professional of Record or Professional in Responsible Charge for a project, may not perform the role of Construction Project Manager, Inspector, Quality Control Compliance Specialist or Contact Administration Specialist for CA/CEI services on that project, unless approved by Agencythe Work Order Contract Administrator. . Consultant, its subconsultants, and their respective employees and agents, who are providing or have provided consulting services on a project may not perform any services for the construction contractor on the same project, unless approved by Agencythe Work Order Contract Administrator. . Consultant, its subconsultants, and their respective employees and agents, who are providing or have provided engineering services to construction contractor(s) on any active ODOT project may not compete or serve as the prime consultant for, or participate as a subconsultant on a CA/CEI WOC, unless approved by the Work Order Contract Administrator Agency. Consultant, its subconsultants, and their respective employees and agents, may not perform Quality Control for a construction contractor and Quality Assurance for Agency on the same project. Consultant, its subconsultants, and their respective employees and agents, may not perform Quality Control for a construction contractor on one project and Quality Assurance for Agency on a different project where the construction contractor is the same on both projects. Exhibit I is not physically attached but is incorporated into this PA with the same force and effect as though fully set forth herein. The E&O Claims Process (as may be revised from time to time by Agency) is available at the following Web address as Exhibit I:
Appears in 2 contracts
Sources: Price Agreement, Price Agreement