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forth in the approved Master Schedule ''^'~~~^'~^^
<br />3.2 CM Personnel
<br />The services to be provided by the CM under this Agreement
<br />shall be performed by personnel identified by the CM, and
<br />approved by the Owner, before commencing services. The
<br />furnishing of services by such personnel throughout the
<br />duration of the Project, and any individuals approved by the
<br />Owner to replace them, is of the essence to 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 CM shall anticipate the need
<br />for such additional personnel by submitting to the Owner, no
<br />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 CM shall not employ any
<br />individual to pertorm the functions of any approved personnel
<br />without the advance approval of the Owner, which approval
<br />shall not be unreasonably withhel~^^°~~ "° ^~°^'°~' ^~ .,.+""°I.~
<br />The CM shall not, for so long as any
<br />approved person is employed by the CM, change such person
<br />without the Owner's prior written approval, which shall not be
<br />unreasonably withheld. If the Owner becomes dissatisfied with
<br />the quality or timeliness of the services rendered by any
<br />approved person, the CM shall promptly remove such person
<br />and recommend a replacement. If any approved person ceases
<br />employment with the CM, or if the Owner requests the removal
<br />of any such person, then the CM shall promptly notify the
<br />Owner of a proposed substitute of at least equal qualifications
<br />to pertorm the same functions, and provide a resume for the
<br />substitute. Any replacement responsible person must be
<br />approued by the Owner prior to commencing performance of
<br />any services for the Protect, which approval shall not be
<br />unreasonably withheld. The CM shall bear, at its own expense
<br />and without reimbursement by the Owner, all costs associated
<br />with replacing, for any reason, any approved personnel. The
<br />CM shall remain solely responsible to the Owner,
<br />notwithstanding the Owner's approval of any approved
<br />personnel, for the quality and performance of all services
<br />provided by such personnel.
<br />3.2.2 CM's Project Representative
<br />The CM shall designate a Project Representative who has the
<br />authority to act on behalf of the CM in respect to all matters
<br />that are the subject of this Agreement, including, without
<br />limitation, the power and authority to enter into agreements or
<br />modifications that contractually bind the GM. The Project
<br />Representative shall be available at all times during all phases
<br />of performance of services under this Agreement to consult
<br />with the Owner on matters pertinent to ~.onstruction
<br />of the Project.
<br />3.2.3 CM's Employees
<br />None of the persons employed by the GM shall be considered
<br />employees of the Owner. The CM shall be solely responsible
<br />for any workers' compensation obligations, withholding taxes,
<br />unemployment insurance, compliance with immigration and
<br />licensing laws, and any other employer obligations with respect
<br />to all of its employees.
<br />3.3 Construction Management Plan
<br />Within thirty (30) days after execution of this Agreement, the
<br />CM shall present to the Owner a Construction Management
<br />Plan for the Project, including dates by which deliverables
<br />required by the Construction Management Plan will be
<br />completed. The CM shall make recommendations for revisions
<br />to the Construction Management Plan throughout the duration
<br />of the Project, as may be appropriate. In preparing the
<br />Construction Management Plan, the GM shall consider the
<br />Owner's schedule, budget, and design requirements for the
<br />Project. The Construction Management Plan shall ^'~^ include
<br />a description of the various bid packages recommended for the
<br />Project and a preliminary Master Schedule. The Construction
<br />Management Plan shall be presented to the Owner for
<br />acceptance. Revisions approved by the Owner shall be
<br />incorporated into the Construction Management Plan.
<br />3.4 Consultant Selection
<br />If requested by the Owner, the GM shall assist the Owner in the
<br />selection of designers and other consultants necessary for the
<br />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.
<br />3.4.1 Consultant Contract Preparation
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