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3.2 CMAR Personnel
<br />The services to be provided by the CMAR under this
<br />Agreement shall be performed by personnel identified by the
<br />CMAR, and approved by the Owner, before commencing
<br />services. The furnishing of services by such personnel
<br />throughout the duration of the Project, and any individuals
<br />approved by the Owner to replace them, is of the essence to
<br />this Agreement.
<br />3.2.1 Additions, Removals Replacements
<br />From time to time, personnel may be added as necessary and
<br />appropriate to the stage of planning, programming, designing
<br />and constructing the Project. The CMAR shall anticipate the
<br />need for such additional personnel by submitting to the Owner,
<br />no later than seven (7) days prior to the need for the additional
<br />personnel, a list of the proposed additional personnel, attaching
<br />the resumes of proposed additional personnel, and stating the
<br />reasons for such additions. The Owner shall. promptly review
<br />the proposed additions and either approve or disapprove the
<br />additional personnel In writing. The CMAR shall not employ
<br />any individual to perform the functions of any approved
<br />personnel without the advance approval of the Owner, which
<br />approval may be granted or withheld in Its sole discretion. The
<br />CMAR shall not for so long as any approved person Is
<br />employed by the CMAR, remove, substitute or reduce the time
<br />devoted to the Project by such person without the Owner's
<br />prior written approval, which may be granted or withheld In Its
<br />sole discretion. If the Owner is for any reason dissatisfied with
<br />the services rendered by any approved person, the CMAR
<br />shall promptly remove such person and recommend a
<br />replacement. If any approved person ceases employment with
<br />the CMAR, or If the Owner requests the removal of any such
<br />person, then the CMAR shall promptly notify the Owner of a
<br />proposed substitute of at least equal qualifications to perform
<br />the same functions, and provide a resume .for the substitute.
<br />Each substitute person must be approved by the Owner prior to
<br />commencing performance of any services for the Project, which
<br />approval may be granted or withheld in the Owner's sole
<br />discretion. The CMAR shall bear, at its own expense and
<br />without reimbursement by the Owner, all costs associated with
<br />replacing, for any reason, any approved personnel. The CMAR
<br />shalt remain solely responsible to the Owner, notwithstanding
<br />the Owner's approval of any approved personnel, for the
<br />quality and performance of all services provided by such
<br />personnel.
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<br />3.2.2 CMAR's Proiect Representative
<br />The CMAR shall designate a Project Representative who has
<br />the authority to act on behalf of the CMAR In respect to all
<br />matters that are the subject of this Agreement, including,
<br />without limitation, the power and authority to enter into
<br />agreements or modifications that contractually bind the CMAR.
<br />The Project Representative shall be available at all times
<br />during all phases of performance of services under this
<br />Agreement to consult with the Owner on matters pertinent to
<br />design and construction of the Project.
<br />3.2.3 CMAR's Employees
<br />None of the persons employed by the CMAR shall be
<br />considered employees of the Owner. The CMAR shall be
<br />solely responsible for any workers' compensation obligations,
<br />withholding taxes, unemployment insurance, compliance with
<br />immigration and licensing laws, and any other employer
<br />obligations with respect to all of their respective employees.
<br />3.3 Construction Management Plan
<br />Within 30 , days after execution of this Agreement,
<br />the CMAR shall present to the Owner a Construction
<br />Management Plan for the Project, including dates by which
<br />deliverables required by the Construction Management Plan
<br />will be completed. The CMAR shall make recommendations for
<br />revisions to the Construction Management Plan throughout the
<br />duration of the Project, as may be appropriate. In preparing
<br />the Construction Management Plan, the CMAR shall consider
<br />the Owner's schedule, budget, and design requirements for the
<br />Project. The CMAR shall then develop various alternatives for
<br />the sequencing and management of the Project and shall make
<br />recommendations to the Owner. The Construction
<br />Management Plan shall also Include a description of the
<br />various bid packages recommended for the Project. The
<br />Construction Management Plan shall be presented to the
<br />Owner for acceptance. Revisions approved by the Owner shall
<br />be incorporated into the Construction Management Plan.
<br />3.4 Consultant Selection
<br />If requested by the Owner, the CMAR shall assist the Owner in
<br />the selection of designers and other consultants necessary for
<br />the Project (generally referred to in this Agreement as
<br />"Consultants ") by developing lists of potential firms, developing
<br />criteria for selection, preparing and transmitting the requests for
<br />proposal, assisting in reviewing written proposals, assisting in
<br />conducting Interviews, evaluating candidates and making
<br />recommendations.
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