Common use of CONTRACTOR’S ORGANIZATION AND STAFF Clause in Contracts

CONTRACTOR’S ORGANIZATION AND STAFF. 2.8.1 The Contractor shall establish an organization including lines of authority and communication as necessary to organize and direct the complete construction of the Work and carry out all requirements of the Contract Documents. A listing of certain of the Contractor’s key staff is set forth on Exhibit KPS attached hereto. Any additional key staff of the Contractor (i.e., staff who will have primary responsibility for a significant portion or aspect of the services to be provided by the Contractor under the Contract Documents, or who are otherwise designated as key staff by the Airport Authority) shall be subject to the Airport Authority’s Chief Executive Officer’s or his/her authorized designee’s prior written approval, and upon such approval shall be considered key staff for purposes of this Agreement. All key staff shall be available for and shall perform the responsibilities assigned to such staff throughout the construction of the Project. 2.8.2 No substitution of any assigned and approved key staff or subcontractors shall be made by the Contractor without the prior written consent of the Airport Authority, through its Chief Executive Officer, or his/her authorized designee. Before any such substitution is made, the Contractor shall submit to the Airport Authority the qualifications of any proposed replacement. The removal or replacement, without the Airport Authority’s Chief Executive Officer’s, or his/her authorized designee consent, of any of the key staff listed in Exhibit KPS (or subsequently approved) or subcontractors, other than as a result of disability, death or bona fide retirement or termination of employment, shall constitute a material breach of the Contract Documents. 2.8.3 The Airport Authority may require replacement of any member of the Contractor’s key staff or subcontractor with or without cause, and may require increased levels of staffing by the Contractor, at no increase in the Contract Sum, if necessary to achieve proper production, management, administration or superintendence, or if otherwise necessary to maintain the quality of the Work and progress in accordance with the Project Schedule. By executing this Agreement, the Contractor certifies that the Contractor and each member of its key staff, including subcontractors, comply with all licensing, registration and other requirements applicable to the Contractor and the performance of its services hereunder pursuant to Applicable Laws. The Airport Authority shall have the right to require the Contractor or any Subcontractor to remove or replace any on-site personnel (whether or not designated as one of the key personnel) who violate Airport Authority policies or work rules or who the Authority otherwise finds objectionable with other personnel approved by the Airport Authority.

CONTRACTOR’S ORGANIZATION AND STAFF. 2.8.1 The Contractor shall establish an organization including lines of authority and communication as necessary to organize and direct the complete construction of the Work and carry out all requirements of the Contract Documents. A listing of certain of the Contractor’s key staff is set forth on Exhibit KPS attached hereto. Any additional key staff of the Contractor (i.e., staff who will have primary responsibility for a significant portion or aspect of the services to be provided by the Contractor under the Contract Documents, or who are otherwise designated as key staff by the Airport Authority) shall be subject to the Airport Authority’s Chief Executive Officer’s or his/her authorized designee’s prior written approval, and upon such approval shall be considered key staff for purposes of this Agreement. All key staff shall be available for and shall perform the responsibilities assigned to such staff throughout the construction of the Project. If key personnel and subcontractors are not available for work under the contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the Airport Authority, and shall, subject to the written approval of the Airport Authority, replace such key personnel with personnel of substantially equal ability and qualifications. 2.8.2 No substitution of any assigned and approved key staff or subcontractors shall be made by the Contractor without the prior written consent of the Airport Authority, through its Chief Executive Officer, or his/her authorized designee. Before any such substitution is made, the Contractor shall submit to the Airport Authority the qualifications of any proposed replacement. The removal or replacement, without the Airport Authority’s Chief Executive Officer’s, or his/her authorized designee consent, of any of the key staff listed in Exhibit KPS (or subsequently approved) or subcontractors, other than as a result of disability, death or bona fide retirement or termination of employment, shall constitute a material breach of the Contract Documents. 2.8.3 The Airport Authority may require replacement of any member of the Contractor’s key staff or subcontractor with or without cause, and may require increased levels of staffing by the Contractor, at no increase in the Contract Sum, if necessary to achieve proper production, management, administration or superintendence, or if otherwise necessary to maintain the quality of the Work and progress in accordance with the Project Schedule. By executing this Agreement, the Contractor certifies that the Contractor and each member of its key staff, including subcontractors, comply with all licensing, registration and other requirements applicable to the Contractor and the performance of its services hereunder pursuant to Applicable Laws. The Airport Authority shall have the right to require the Contractor or any Subcontractor to remove or replace any on-site personnel (whether or not designated as one of the key personnel) who violate Airport Authority policies or work rules or who the Authority otherwise finds objectionable with other personnel approved by the Airport Authority.