Common use of PERSONNEL ASSIGNMENTS Clause in Contracts

PERSONNEL ASSIGNMENTS. (a) The Contractor shall perform the Services in an orderly and workmanlike manner, and shall utilize persons skilled and qualified for the performance of the Services. The Authority will have the right to review the experience of each person assigned to perform the Services and approve personnel assignments, including those to be performed by Subcontractors, (b) The Contractor certifies that all full-time, part-time, temporary or seasonal employees of Contractor and Con- tractor’s Subcontractor who are assigned to provide non-construction services to Capital Metro under this Contract (“Directly Assigned Employees”) must be paid a “Living Wage” for providing such services. “Living Wage” as used in this Section has the meaning set forth in the City of Austin’s Rule R161-17.14: Enforcement of the City of Austin’s Living Wage for Non-Construction Contracts Effective June 5, 2017, as amended from time to time. As the Living Wage amount may change from time to time, the Living Wage amount applicable at the time of Contract award will remain the same throughout the term of the Contract, including extension options. At the commencement of the Contract, the Contractor shall provide to Capital Metro a list of Directly Assigned Employees and shall certify in writing that such Directly Assigned Employees will be paid the Living Wage throughout the Term of the Contract. Thereafter during the Term, the Contractor shall submit quarterly report containing a current list of all Directly Assigned Employ- ees and a certification that each Directly Assigned Employee is paid the Living Wage for providing non-construction services in connection with the Contract. The Authority shall have the right to audit the Contractor’s records for com- pliance with the provisions of this Section.

PERSONNEL ASSIGNMENTS. (a) The Contractor shall perform key professional personnel(“Key Personnel”) identified in Exhibit B will be assigned by the Services in an orderly and workmanlike manner, and shall utilize persons skilled and qualified for the performance of the Services. The Authority will have the right to review the experience of each person assigned Design Consultant or its subconsultants to perform the Services and approve personnel assignmentsservices required under this Agreement, including those to be performed by Subcontractors,as appropriate. (b) The Contractor certifies Design Consultant’s services shall be diligently performed by the regular professional and technical staff of the Design Consultant. In the event the Design Consultant does not have, as part of its regular staff, certain professional consultants, then such consulting services shall be performed, with City approval, by practicing professional consultants outside of the employ of the Design Consultant. (c) The Design Consultant agrees, at all times during the term of this Agreement, to maintain on its payroll or to have access to outside subconsultants, professional design personnel and technicians in sufficient strength to meet the requirements of the City. Such personnel and technicians shall be of the classifications referenced in Exhibit B. The hourly rates specified therein include all costs except those specifically referenced as reimbursables in the appropriate hourly rate schedule. (d) Prior to designating an outside professional to perform subconsultant work, the Design Consultant shall submit the name of such subconsultant, hourly rates, and resumes of training and experience in work of like character and magnitude of the project being contemplated and a conflict-of-interest statement (if applicable) pursuant to paragraph 2.5(h.), to the Project Manager and receive prior approval in writing. (e) It is the intent of the Parties hereto that all full-timeKey Personnel be engaged to perform their specialty for all such services required by this Agreement and that the Design Consultant's and the subconsultant's Key Personnel be retained for the life of this Agreement to the extent practicable and to the extent that such services maximize the quality of Work performed hereunder. (f) If the Design Consultant or a subconsultant decides to replace any of its Key Personnel, part-timethe Design Consultant shall notify the Project Manager in writing of the desired change. No such changes shall be made until replacement personnel are recommended by the Design Consultant and approved in writing by the Project Manager, temporary which approval shall not be unreasonably withheld. (g) If, during the term of this Agreement, the Executive Director determines that the performance of approved Key Personnel or seasonal employees a subconsultant is not acceptable, they shall notify the Design Consultant and give the Design Consultant the time which the Executive Director considers reasonable to correct such performance. Thereafter, they may require the Design Consultant to reassign or replace such Key Personnel. If the Executive Director notifies the Design Consultant that certain of Contractor its Key Personnel or a subconsultant should be replaced, Design Consultant will use its best efforts to replace such Key Personnel or a subconsultant within ten (10) days from the date of the Executive Director's notice. (h) Neither the Design Consultant nor any subconsultant shall have other interests which conflict with the interests of the City, including being connected with the sale or promotion of equipment or material which may be used on a Task Order to which they may be assigned, and Con- tractor’s Subcontractor the Design Consultant shall make written inquiry of all of its subconsultants concerning the existence of a potential for such conflict. In unusual circumstances, and with full disclosure to the City of such conflict of interest, the City, in its sole discretion, may grant a written waiver for the particular consultant or subconsultant. (i) Actions taken by the City under this Article shall not relieve the Design Consultant of its responsibility for contractual or professional deficiencies, errors or omissions. (j) The Design Consultant shall submit to the Project Manager a list of any additional Key Personnel who will perform work under this Agreement within thirty (30) days after this Agreement has been executed, together with complete resumes, hourly rates, and other information describing their ability to perform the tasks which may be assigned. Such additional personnel must be recommended by the Design Consultant and approved by the Project Manager before they are assigned to provide non-construction services a specific Task Order. (k) The Project Manager shall respond to Capital Metro under this Contract the Design Consultant's written notice regarding replacement of Key Personnel within fifteen (“Directly Assigned Employees”15) must be paid a “Living Wage” for providing such servicesdays after the Project Manager receives the list of changes. “Living Wage” as used in this Section has If the meaning set forth in the City of Austin’s Rule R161-17.14: Enforcement of the City of Austin’s Living Wage for Non-Construction Contracts Effective June 5, 2017, as amended from time to time. As the Living Wage amount may change from time to Project Manager does not respond within that time, the Living Wage amount applicable at the time of Contract award will remain the same throughout the term of the Contract, including extension options. At the commencement of the Contract, the Contractor changes shall provide be deemed to Capital Metro a list of Directly Assigned Employees and shall certify in writing that such Directly Assigned Employees will be paid the Living Wage throughout the Term of the Contract. Thereafter during the Term, the Contractor shall submit quarterly report containing a current list of all Directly Assigned Employ- ees and a certification that each Directly Assigned Employee is paid the Living Wage for providing non-construction services in connection with the Contract. The Authority shall have the right to audit the Contractor’s records for com- pliance with the provisions of this Sectionapproved.

PERSONNEL ASSIGNMENTS. (a) The Contractor shall perform key professional personnel identified in Exhibit B will be assigned by the Services in an orderly and workmanlike manner, and shall utilize persons skilled and qualified for the performance of the Services. The Authority will have the right to review the experience of each person assigned Design Consultant or its subconsultants to perform the Services and approve personnel assignmentsservices required under this Agreement, including those to be performed by Subcontractors,as appropriate. (b) The Contractor certifies Design Consultant’s services shall be diligently performed by the regular professional and technical staff of the Design Consultant. In the event the Design Consultant does not have as part of its regular staff certain professional consultants, then such consulting services shall be performed, with City approval, by practicing professional consultants outside of the employ of the Design Consultant. (c) The Design Consultant agrees, at all times during the term of this Agreement, to maintain on its payroll or to have access to through outside subconsultants, professional design personnel and technicians in sufficient strength to meet the requirements of the City. Such personnel and technicians shall be of the classifications referenced in Exhibit B. The hourly rates specified therein include all costs except those specifically referenced as reimbursables in the appropriate hourly rate schedule. (d) Prior to designating an outside professional to perform subconsultant work, the Design Consultant shall submit the name of such subconsultant, together with a resume of training and experience in work of like character and magnitude of the work being contemplated, to the City and receive prior approval in writing. (e) It is the intent of the Parties hereto that all full-timekey professional personnel be engaged to perform their specialty for all such services required by this Agreement and that the Design Consultant's and the subconsultant's key professional personnel be retained for the life of this Agreement to the extent practicable and to the extent that such services maximize the quality of work performed hereunder. (f) If the Design Consultant or a subconsultant decides to replace any of its key professional personnel, part-timethe Design Consultant shall notify the Director in writing of the desired change. No such changes shall be made until replacement personnel are recommended by the Design Consultant and approved in writing by the Director, temporary which approval shall not be unreasonably withheld. (g) If, during the term of this Agreement, the Director determines that the performance of approved key personnel or seasonal employees a subconsultant is not acceptable, she shall notify the Design Consultant and give the Design Consultant the time which the Director considers reasonable to correct such performance. Thereafter, she may require the Design Consultant to reassign or replace such key personnel. If the Director notifies the Design Consultant that certain of Contractor its key personnel or a subconsultant should be replaced, Design Consultant will use its best efforts to replace such key personnel or a subconsultant within ten (10) days from the date of the Director's notice. (h) Neither the Design Consultant nor any subconsultant shall have other interests which conflict with the interests of the City, including being connected with the sale or promotion of equipment or material which may be used on any aspect of the Project to which they may be assigned, and Con- tractor’s Subcontractor the Design Consultant shall make written inquiry of all of its subconsultants concerning the existence of a potential for such conflict. In unusual circumstances, and with full disclosure to the City of such conflict of interest, the City, in its sole discretion, may grant a written waiver for the particular consultant or subconsultant. (i) Actions taken by the City under this Article shall not relieve the Design Consultant of its responsibility for contractual or professional deficiencies, errors or omissions. (j) The Design Consultant shall submit to the Director a list of any additional key professional personnel who will perform work under this Agreement within thirty (30) days after this Agreement has been executed, together with complete resumes and other information describing their ability to perform the tasks which may be assigned. Such additional personnel must be recommended by the Design Consultant and approved by the Director before they are assigned to provide non-construction services to Capital Metro under this Contract (“Directly Assigned Employees”) must be paid a “Living Wage” for providing such services. “Living Wage” as used in this Section has the meaning set forth in the City of Austin’s Rule R161-17.14: Enforcement specific element of the City Project. (k) The Director shall respond to the Design Consultant's written notice regarding replacement of Austin’s Living Wage for Non-Construction Contracts Effective June 5, 2017, as amended from time to timekey professional personnel within fifteen (15) days after the Director receives the list of changes. As If the Living Wage amount may change from time to Director or his designated representative does not respond within that time, the Living Wage amount applicable at the time of Contract award will remain the same throughout the term of the Contract, including extension options. At the commencement of the Contract, the Contractor changes shall provide be deemed to Capital Metro a list of Directly Assigned Employees and shall certify in writing that such Directly Assigned Employees will be paid the Living Wage throughout the Term of the Contract. Thereafter during the Term, the Contractor shall submit quarterly report containing a current list of all Directly Assigned Employ- ees and a certification that each Directly Assigned Employee is paid the Living Wage for providing non-construction services in connection with the Contract. The Authority shall have the right to audit the Contractor’s records for com- pliance with the provisions of this Sectionapproved.

PERSONNEL ASSIGNMENTS. (a) The Contractor shall perform key professional personnel identified in Exhibit B will be assigned by the Services in an orderly and workmanlike manner, and shall utilize persons skilled and qualified for the performance of the Services. The Authority will have the right to review the experience of each person assigned Design Consultant or its subconsultants to perform the Services and approve personnel assignmentsservices required under this Agreement, including those to be performed by Subcontractors,as appropriate. (b) The Contractor certifies Design Consultant’s services shall be diligently performed by the regular professional and technical staff of the Design Consultant. In the event the Design Consultant does not have as part of its regular staff certain professional consultants, then such consulting services shall be performed, with City approval, by practicing professional consultants outside of the employ of the Design Consultant. (c) The Design Consultant agrees, at all times during the term of this Agreement, to maintain on its payroll or to have access to through outside subconsultants, professional design personnel and technicians in sufficient strength to meet the requirements of the City. Such personnel and technicians shall be of the classifications referenced in Exhibit B. The hourly rates specified therein include all costs except those specifically referenced as reimbursables in the appropriate hourly rate schedule. (d) Prior to designating an outside professional to perform subconsultant work, the Design Consultant shall submit the name of such subconsultant, together with a resume of training and experience in work of like character and magnitude of the project being contemplated, to the City and receive prior approval in writing. (e) It is the intent of the Parties hereto that all full-timekey professional personnel be engaged to perform their specialty for all such services required by this Agreement and that the Design Consultant's and the subconsultant's key professional personnel be retained for the life of this Agreement to the extent practicable and to the extent that such services maximize the quality of work performed hereunder. (f) If the Design Consultant or a subconsultant decides to replace any of its key professional personnel, part-timethe Design Consultant shall notify the Executive Director in writing of the desired change. No such changes shall be made until replacement personnel are recommended by the Design Consultant and approved in writing by the Executive Director, temporary which approval shall not be unreasonably withheld. (g) If, during the term of this Agreement, the Executive Director determines that the performance of approved key personnel or seasonal employees a subconsultant is not acceptable, she shall notify the Design Consultant and give the Design Consultant the time which the Executive Director considers reasonable to correct such performance. Thereafter, she may require the Design Consultant to reassign or replace such key personnel. If the Executive Director notifies the Design Consultant that certain of Contractor its key personnel or a subconsultant should be replaced, Design Consultant will use its best efforts to replace such key personnel or a subconsultant within ten (10) days from the date of the Executive Director's notice. (h) Neither the Design Consultant nor any subconsultant shall have other interests which conflict with the interests of the City, including being connected with the sale or promotion of equipment or material which may be used on a project to which they may be assigned, and Con- tractor’s Subcontractor the Design Consultant shall make written inquiry of all of its subconsultants concerning the existence of a potential for such conflict. In unusual circumstances, and with full disclosure to the City of such conflict of interest, the City, in its sole discretion, may grant a written waiver for the particular consultant or subconsultant. (i) Actions taken by the City under this Article shall not relieve the Design Consultant of its responsibility for contractual or professional deficiencies, errors or omissions. (j) The Design Consultant shall submit to the Project Manager a list of any additional key professional personnel who will perform work under this Agreement within thirty (30) days after this Agreement has been executed, together with complete resumes and other information describing their ability to perform the tasks which may be assigned. Such additional personnel must be recommended by the Design Consultant and approved by the Project Manager before they are assigned to provide non-construction services a specific project. (k) The Project Manager shall respond to Capital Metro under this Contract the Design Consultant's written notice regarding replacement of key professional personnel within fifteen (“Directly Assigned Employees”15) must be paid a “Living Wage” for providing such servicesdays after the Project Manager receives the list of changes. “Living Wage” as used in this Section has If the meaning set forth in the City of Austin’s Rule R161-17.14: Enforcement of the City of Austin’s Living Wage for Non-Construction Contracts Effective June 5, 2017, as amended from time to time. As the Living Wage amount may change from time to Project Manager does not respond within that time, the Living Wage amount applicable at the time of Contract award will remain the same throughout the term of the Contract, including extension options. At the commencement of the Contract, the Contractor changes shall provide be deemed to Capital Metro a list of Directly Assigned Employees and shall certify in writing that such Directly Assigned Employees will be paid the Living Wage throughout the Term of the Contract. Thereafter during the Term, the Contractor shall submit quarterly report containing a current list of all Directly Assigned Employ- ees and a certification that each Directly Assigned Employee is paid the Living Wage for providing non-construction services in connection with the Contract. The Authority shall have the right to audit the Contractor’s records for com- pliance with the provisions of this Sectionapproved.

PERSONNEL ASSIGNMENTS. (a) The Contractor shall perform key professional personnel identified in Exhibit B will be assigned by the Services in an orderly and workmanlike manner, and shall utilize persons skilled and qualified for the performance of the Services. The Authority will have the right to review the experience of each person assigned Consultant or its subconsultants to perform the Services and approve personnel assignmentsservices required under this Agreement, including those to be performed by Subcontractors,as appropriate. (b) The Contractor certifies Consultant’s services shall be diligently performed by the regular professional and technical staff of the Consultant. In the event the Consultant does not have as part of its regular staff certain professional consultants, then such consulting services shall be performed, with City approval, by practicing professional consultants outside of the employ of the Consultant. (c) The Consultant agrees, at all times during the term of this Agreement, to maintain on its payroll or to have access to through subconsultants, professional design personnel in sufficient strength to meet the requirements of the City. Such personnel shall be of the classifications referenced in Exhibit B. The hourly rates specified therein include all costs except those specifically referenced as reimbursables in the appropriate hourly rate schedule or authorized in advance by a fully executed written task order. (d) Xxxxx to designating an outside professional to perform subconsultant work, the Consultant shall submit the name of such subconsultant, together with a resume of training and experience in work of like character and magnitude of the task being contemplated, to the City and receive prior approval in writing. (e) It is the intent of the Parties hereto that all full-timekey professional personnel be engaged to perform their specialty for all such services required by this Agreement and that the Consultant's and the subconsultant's key professional personnel be retained for the life of this Agreement to the extent practicable and to the extent that such services maximize the quality of work performed hereunder. (f) If the Consultant or a subconsultant decides to replace any of its key professional personnel, part-timethe Consultant shall notify the Director in writing of the desired change. No such changes shall be made until replacement personnel are recommended by the Consultant and approved in writing by the Director, temporary which approval shall not be unreasonably withheld. (g) If, during the term of this Agreement, the Director determines that the performance of approved key personnel or seasonal employees a subconsultant is not acceptable, the Director shall notify the Consultant and give the Consultant the time which the Director considers reasonable to correct such performance. Thereafter, the Director may require the Consultant to reassign or replace such key personnel. If the Director notifies the Consultant that certain of Contractor its key personnel or a subconsultant should be replaced, Consultant will use its best efforts to replace such key personnel or a subconsultant within ten (10) days from the date of the Director's notice. (h) Neither the Consultant nor any subconsultant shall have other interests which conflict with the interests of the City. Consultant shall make written inquiry of all of its subconsultants concerning the existence of a potential for such conflict. In unusual circumstances, and Con- tractor’s Subcontractor who are assigned with full disclosure to provide non-construction services to Capital Metro under this Contract (“Directly Assigned Employees”) must be paid a “Living Wage” for providing such services. “Living Wage” as used in this Section has the meaning set forth in the City of Austin’s Rule R161-17.14: Enforcement such conflict of interest, the City, in its sole discretion, may grant a written waiver for the particular consultant or subconsultant. (i) Actions taken by the City under this Article shall not relieve the Consultant of Austin’s Living Wage its responsibility for Non-Construction Contracts Effective June 5contractual or professional deficiencies, 2017, as amended from time errors or omissions. (j) The Consultant shall submit to time. As the Living Wage amount may change from time to time, the Living Wage amount applicable at the time of Contract award will remain the same throughout the term of the Contract, including extension options. At the commencement of the Contract, the Contractor shall provide to Capital Metro Director a list of Directly Assigned Employees and shall certify in writing that such Directly Assigned Employees any additional key professional personnel who will be paid the Living Wage throughout the Term of the Contract. Thereafter during the Term, the Contractor shall submit quarterly report containing a current list of all Directly Assigned Employ- ees and a certification that each Directly Assigned Employee is paid the Living Wage for providing non-construction services in connection with the Contract. The Authority shall have the right to audit the Contractor’s records for com- pliance with the provisions of perform work under this Section.Agreement within thirty

PERSONNEL ASSIGNMENTS. (a) The Contractor shall perform key professional personnel identified in Exhibit B will be assigned by the Services in an orderly and workmanlike manner, and shall utilize persons skilled and qualified for the performance of the Services. The Authority will have the right to review the experience of each person assigned Design Consultant or its subconsultants to perform the Services and approve personnel assignmentsservices required under this Agreement, including those to be performed by Subcontractors,as appropriate. (b) The Contractor certifies Design Consultant’s services shall be diligently performed by the regular professional and technical staff of the Design Consultant. In the event the Design Consultant does not have as part of its regular staff certain professional consultants, then such consulting services shall be performed, with City approval, by practicing professional consultants outside of the employ of the Design Consultant. (c) The Design Consultant agrees, at all times during the term of this Agreement, to maintain on its payroll or to have access to outside subconsultants, professional design personnel and technicians in sufficient strength to meet the requirements of the City. Such personnel and technicians shall be of the classifications referenced in Exhibit B. The hourly rates specified therein include all costs except those specifically referenced as reimbursables in the appropriate hourly rate schedule. (d) Xxxxx to designating an outside professional to perform subconsultant work, the Design Consultant shall submit the name of such subconsultant, hourly rates, and résumés of training and experience in work of like character and magnitude of the project being contemplated, and a conflict of interest statement (if applicable) pursuant to paragraph 2.5(h), to the Project Manager and receive prior approval in writing. (e) It is the intent of the Parties hereto that all full-timekey professional personnel be engaged to perform their specialty for all such services required by this Agreement and that the Design Consultant's and the subconsultant's key professional personnel be retained for the life of this Agreement to the extent practicable and to the extent that such services maximize the quality of work performed hereunder. (f) If the Design Consultant or a subconsultant decides to replace any of its key professional personnel, part-timethe Design Consultant shall notify the Project Manager in writing of the desired change. No such changes shall be made until replacement personnel are recommended by the Design Consultant and approved in writing by the Project Manager, temporary which approval shall not be unreasonably withheld. (g) If, during the term of this Agreement, the Executive Director determines that the performance of approved key professional personnel or seasonal employees a subconsultant is not acceptable, they shall notify the Design Consultant and give the Design Consultant the time which the Executive Director considers reasonable to correct such performance. Thereafter, they may require the Design Consultant to reassign or replace such key professional personnel. If the Executive Director notifies the Design Consultant that certain of Contractor its key professional personnel or a subconsultant should be replaced, Design Consultant will use its best efforts to replace such key professional personnel or a subconsultant within ten (10) days from the date of the Executive Director's notice. (h) Neither the Design Consultant nor any subconsultant shall have other interests which conflict with the interests of the City, including being connected with the sale or promotion of equipment or material which may be used on a Task Order to which they may be assigned, and Con- tractor’s Subcontractor the Design Consultant shall make written inquiry of all of its subconsultants concerning the existence of a potential for such conflict. In unusual circumstances, and with full disclosure to the City of such conflict of interest, the City, in its sole discretion, may grant a written waiver for the particular consultant or subconsultant. (i) Actions taken by the City under this Article shall not relieve the Design Consultant of its responsibility for contractual or professional deficiencies, errors or omissions. (j) The Design Consultant shall submit to the Project Manager a list of any additional key professional personnel who will perform work under this Agreement within thirty (30) days after this Agreement has been executed, together with complete résumés, hourly rates, and other information describing their ability to perform the tasks which may be assigned. Such additional personnel must be recommended by the Design Consultant and approved by the Project Manager before they are assigned to provide non-construction services a specific Task Order. (k) The Project Manager shall respond to Capital Metro under this Contract the Design Consultant's written notice regarding replacement of key professional personnel within fifteen (“Directly Assigned Employees”15) must be paid a “Living Wage” for providing such servicesdays after the Project Manager receives the list of changes. “Living Wage” as used in this Section has If the meaning set forth in the City of Austin’s Rule R161-17.14: Enforcement of the City of Austin’s Living Wage for Non-Construction Contracts Effective June 5, 2017, as amended from time to time. As the Living Wage amount may change from time to Project Manager does not respond within that time, the Living Wage amount applicable at the time of Contract award will remain the same throughout the term of the Contract, including extension options. At the commencement of the Contract, the Contractor changes shall provide be deemed to Capital Metro a list of Directly Assigned Employees and shall certify in writing that such Directly Assigned Employees will be paid the Living Wage throughout the Term of the Contract. Thereafter during the Term, the Contractor shall submit quarterly report containing a current list of all Directly Assigned Employ- ees and a certification that each Directly Assigned Employee is paid the Living Wage for providing non-construction services in connection with the Contract. The Authority shall have the right to audit the Contractor’s records for com- pliance with the provisions of this Sectionapproved.