Agenda - 06-26-2007-4dd - Laserfiche WebLink

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From time to time, personnel may be added as necessary and appropriate to the stage of planning, programming, designing and constructing the Project. The CM shall anticipate the need for such additional personnel by submitting to the Owner, no later than seven (7) days prior to the need for the additional personnel, a list of the proposed additional personnel, attaching the resumes of proposed additional personnel, and stating the reasons for such additions. The Owner shall promptly review the proposed additions and either approve or disapprove the additional personnel in writing. The GM shall not employ any individual to pertorm the functions of any approved personnel without the advance approval of the Owner, which approval may be granted or withheld in its sole discretion. The CM shall not, for so long as any approved person is employed by the CM, remove, substitute or reduce the time devoted to the Project by such person without the Owner's prior written approval, which may be granted or withheld in its sole discretion. If the Owner is for any reason dissatisfied with the services rendered by any approved person, the GM shall promptly remove such person and recommend a replacement. If any approved person ceases employment with the CM, or if the Owner requests the removal of any such person, then the CM shall promptly notify the Owner of a proposed substitute of at least equal qualifications to perform the same functions, and provide a resume for the substitute. Each substitute Responsible Person must be approved by the Owner prior to commencing performance of any services for the Project, which approval may be granted or withheld in the Owner's sole discretion. The CM shall bear, at its own expense and without reimbursement by the Owner, all costs associated with replacing, for any reason, any approved personnel. The GM shall remain solely responsible to the Owner, notwithstanding the Owner's approval of any approved personnel, for the quality and performance of all services provided by such personnel. 3.2.2 CM's Proiect Representative The CM shall designate a Project Representative who has the authority to act on behalf of the CM in respect to all matters that are the subject of this Agreement, including, without limitation, the power and authority to enter into agreements or modifications that contractually bind the GM. The Project Representative shall be available at all times during all phases of pertormance of services under this Agreement to consult with the Owner on matters pertinent to design and construction of the Project. 3.2.3 CM's Employees None of the persons employed by the CM shall be considered employees of the Owner. The CM shall be solely responsible for any workers' compensation obligations, withholding taxes, unemployment insurance, compliance with immigration and licensing laws, and any other employer obligations with respect to all of their respective employees. 3.3 Construction Manaoement Plan Within ____ days after execution of this Agreement, the CM shall present to the Owner a Construction Management Plan for the Project, including dates by which deliverables required by the Construction Management Plan will be completed. The CM shall make recommendations for revisions to the Construction Management Plan throughout the duration of the Project, as may be appropriate. In preparing the Construction Management Plan, the CM shall consider the Owner's schedule, budget, and design requirements for the Project. The GM shall then develop various alternatives for the sequencing and management of the Project and shall make recommendations to the Owner. The Construction Management Plan shall also include a description of the various bid packages recommended for the Project. The Construction Management Plan shall be presented to the Owner for acceptance. Revisions approved by the Owner shall be incorporated into the Construction Management Plan. 3.4 Consultant Selection If requested by the Owner, the GM shall assist the Owner in the selection of designers and other consultants necessary for the Project (generally referred to in this Agreement as "Consultants') by developing lists of potential firms, developing criteria for selection, preparing and transmitting the requests for proposal, assisting in reviewing written proposals, assisting in conducting interviews, evaluating candidates and making recommendations. 3.4.1 Consultant Contract Preparation If requested by the Owner, the GM shall assist the Owner in the preparation and review of Agreements between the Owner and the Consultants engaged by the Owner. 3.4.2 Consultant Orientation If requested by the Owner, the CM shall conduct or assist the Owner in conducting orientation sessions during which the 5