Common use of CHARACTER AND COMPETENCY Clause in Contracts

CHARACTER AND COMPETENCY. A. The CMR and its Subcontractors represent a duly organized and licensed entity which employs qualified and experienced personnel who specialize in performing the type of construction services required hereunder. The CMR agrees that it and its Subcontractors shall provide a sufficient number of personnel who are suitably qualified and experienced and who are in all respects acceptable to the Owner to perform the Work in an efficient and timely manner. The CMR represents that it and its Subcontractors are capable in all respects (including the possession of sufficient financial resources to provide fully for the payment of employees) of performing the Work and agrees to provide construction services of high quality. The CMR agrees that it and its Subcontractors shall diligently and conscientiously devote their resources to the performance of the Work. B. The Owner, upon written notice to the CMR, and in the Owner's sole discretion, shall have the right to direct the CMR and its Subcontractors to remove an employee permanently from the Project Site for any reason. Any individual who is removed from the Project Site pursuant to this Section may not return without specific permission of the Owner. C. The CMR will ensure that no Work shall be performed in occupied areas during school hours unless express written approval has been granted by the Owner and proper safety precautions have been exercised to isolate the area of the Work. D. Tobacco products, alcoholic beverages, illegal drugs, and weapons are prohibited on the Project Site and will constitute grounds for immediate removal of any employee of the CMR or of any Subcontractor from the Project Site. Sexual harassment, profanity, and inappropriate behavior are not permitted on the Project Site and will constitute grounds for immediate removal of any employee of the CMR or of any of its Subcontractors.

Appears in 6 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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CHARACTER AND COMPETENCY. A. The CMR and its Subcontractors each represent a duly organized and licensed entity which employs qualified and experienced personnel who specialize in performing the type of construction services Work required hereunder. The CMR agrees that it and its Subcontractors shall provide a sufficient number of personnel who are suitably qualified and experienced and who are in all respects acceptable to the Owner to perform the Work in an efficient and timely manner. The CMR represents that it and its Subcontractors are capable in all respects (including the possession of sufficient financial resources to provide fully for the payment of employees) of performing the Work and agrees to provide construction services of high quality. The CMR agrees that it and its Subcontractors shall diligently and conscientiously devote their resources to the performance of the Work. B. The Owner, upon written notice Notice to the CMR, and in the Owner's sole discretion, shall have the right to direct the CMR and its Subcontractors to remove an employee permanently from the Project Site for any reason. Any individual who is removed from the Project Site pursuant to this Section may not return without specific permission of the Owner. C. The CMR will ensure that no Work shall be performed in occupied areas during school hours unless express written approval has been granted by the Owner and proper safety precautions have been exercised to isolate the area of the Work. D. Tobacco products, alcoholic beverages, illegal drugs, and weapons are prohibited on the Project Site or on any other property owned or controlled by Owner, and will constitute grounds for immediate removal of any employee of the CMR or of any Subcontractor from the Project Sitesuch location. Sexual harassment, profanity, and inappropriate behavior are not permitted on the Project Site and will constitute grounds for immediate removal of any employee of the CMR or of any of its SubcontractorsSubcontractors from the Project.

Appears in 2 contracts

Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement

CHARACTER AND COMPETENCY. A. The CMR and its Subcontractors represent a duly organized and licensed entity which employs qualified and experienced personnel who specialize in performing the type of construction services required hereunder. The CMR agrees that it and its Subcontractors shall provide a sufficient number of personnel who are suitably qualified and experienced and who are in all respects acceptable to the Owner to perform the Work in an efficient and timely manner. The CMR represents that it and its Subcontractors are capable in all respects (including the possession of sufficient financial resources to provide fully for the payment of employees) of performing the Work and agrees to provide construction services of high quality. The CMR agrees that it and its Subcontractors shall diligently and conscientiously devote their resources to the performance of the Work. B. The Owner, upon written notice to the CMR, and in the Owner's sole discretion, shall have the right to direct the CMR and its Subcontractors to remove an employee permanently from the Project Site for any reason. Any individual who is removed from the Project Site pursuant to this Section may not return without specific permission of the Owner. C. The CMR will ensure that no Work shall be performed in occupied areas during school hours unless express written approval has been granted by the Owner and proper safety precautions have been exercised to isolate the area of the Work. D. Tobacco products, alcoholic beverages, illegal drugs, and weapons are prohibited on the Project Site and will constitute grounds for immediate removal of any employee of the CMR or of any Subcontractor from the Project Site. Sexual harassment, profanity, and inappropriate behavior are not permitted on the Project Site and will constitute grounds for immediate removal of any employee of the CMR or of any of its Subcontractors. E. No Smoking Policy on Arlington Public Schools’ property: The CMR, all Subcontractors and all Sub-subcontractors, including their employees or agents, performing work on Arlington Public Schools' property shall abide by the no-smoking policies applicable to the property.

Appears in 1 contract

Samples: Pre Construction Phase Services Contract

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CHARACTER AND COMPETENCY. A. The CMR Contractor and its Subcontractors and Sub-Subcontractors each represent a duly organized and licensed entity which employs qualified and experienced personnel who specialize in performing the type of construction services required hereunder. The CMR Contractor agrees that it and its Subcontractors and Sub-Subcontractors shall provide a sufficient number of personnel who are suitably qualified and experienced and who are in all respects acceptable to the Owner to perform the Work in an efficient and timely manner. The CMR Contractor represents that it and its Subcontractors and Sub-Subcontractors are capable in all respects (including the possession of sufficient financial resources to provide fully for the payment of employees) of performing the Work and agrees agree to provide construction services of high quality. The CMR Contractor agrees that it and its Subcontractors and Sub- Subcontractors shall diligently and conscientiously devote their resources to the performance of the Work. B. The Owner, upon written notice to the CMRContractor, and in the Owner's ’s sole discretion, shall have the right to direct the CMR Contractor and its Subcontractors and Sub-Subcontractors to remove an employee permanently from the Project Site for any reason. Any individual who is removed from the Project Site pursuant to this Section may not return without specific permission of the Owner. C. The CMR Contractor will ensure that no Work shall be performed in occupied areas during school hours unless express written approval has been granted by the Owner and proper safety precautions have been exercised to isolate the area of the Work. D. Tobacco products, alcoholic beverages, illegal drugs, and weapons are prohibited on the Project Site and will constitute grounds for immediate removal of any employee of the CMR Contractor or of any Subcontractor or Sub-Subcontractor from the Project Site. Sexual harassment, profanity, and inappropriate behavior are not permitted on the Project Site and will constitute grounds for immediate removal of any employee of the CMR Contractor or of any of its Subcontractors or Sub-Subcontractors. E. No Smoking Policy on Arlington Public Schools’ property: Contractor, its Subcontractors and its Sub-Subcontractors, including the employees or agents of any or all of them, performing work on Arlington Public Schools’ property shall abide by the no-smoking policies applicable to the property.

Appears in 1 contract

Samples: Agreement Between Owner and Contractor

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