Common use of Professional Ability of Contractor Clause in Contracts

Professional Ability of Contractor. 4.1 Contractor represents that it is specially trained and experienced, and possesses the skill, ability, knowledge and certification, to competently perform the Work provided by this Agreement. District has relied upon Contractor’s training, experience, skill, ability, knowledge and certification as a material inducement to enter into this Agreement. All Work performed by Contractor shall be in accordance with applicable legal requirements and meet the standard of care and quality ordinarily to be expected of competent professionals in Contractor’s field. 4.2 The following individuals are designated as key personnel and are considered to be essential to the successful performance of the work hereunder: ▇▇▇▇ ▇▇▇▇▇▇, Construction Manager; ▇▇▇▇ ▇▇▇▇▇▇▇, Electrician; ▇▇▇▇▇ Askers, Project Manager, Journeyman Electrical/▇▇▇▇▇▇▇; ▇▇▇▇ ▇▇▇▇▇▇▇, Electrician ▇▇▇▇▇▇▇; ▇▇▇ ▇▇▇▇, Senior Instrumentation Technician. Contractor agrees that these individuals may not be removed from the Work or replaced without compliance with the following sections: 4.2.1 If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, Contractor shall immediately notify District and shall, subject to District’s concurrence, promptly replace the personnel with personnel of at least substantially equal ability and qualifications. 4.2.2 Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by District to evaluate the proposed substitution. District shall evaluate Contractor's request and District shall promptly notify Contractor of its decision in writing.

Professional Ability of Contractor. 4.1 Contractor represents that it is specially trained and experienced, and possesses the skill, ability, knowledge and certification, to competently perform the Work provided by this Agreement. District has relied upon Contractor’s training, experience, skill, ability, knowledge and certification as a material inducement to enter into this Agreement. All Work performed by Contractor shall be in accordance with applicable legal requirements and meet the standard of care and quality ordinarily to be expected of competent professionals in Contractor’s field. 4.2 The following individuals are designated as key personnel and are considered to be essential to the successful performance of the work hereunder: ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇▇, Construction Manager; ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, Electrician; ▇▇▇▇▇ Askers, Project Manager, Journeyman Electrical/▇▇▇▇▇▇▇; ▇ and ▇▇▇▇ ▇▇▇▇▇▇▇, Electrician ▇▇▇ for Engineering Services and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; ▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Senior Instrumentation Technician▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇▇ for Construction Inspection Services. Contractor agrees that these individuals may not be removed from the Work or replaced without compliance with the following sections: 4.2.1 If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, Contractor shall immediately notify District and shall, subject to District’s concurrence, promptly replace the personnel with personnel of at least substantially equal ability and qualifications. 4.2.2 Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by District to evaluate the proposed substitution. District shall evaluate Contractor's request and District shall promptly notify Contractor of its decision in writing.