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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 <br />contract, thereby reducing the sum payable under that contract, the GMP will not be reduced by the <br />amount withheld from that Subcontractor. <br />24.11. This provision for liquidated damages does not bar Owner's right to enforce its other contractual <br />rights and remedies under this Contract, including without limitation the right to order the CMAR <br />to accelerate the Work or the right to terminate the Contract. Liquidated damages represent the <br />Owner's best effort at the commencement of the Contract to estimate its reasonable anticipated <br />damages for delay, and should not be construed as a penalty. <br />25. CONSTRUCTION SUPERVISION AND SCHEDULE <br />25.1. The CMAR shall maintain a competent and adequate full -time staff approved by the Owner at the <br />Project site to coordinate and provide adequate direction of the Work, and to monitor progress of <br />the Subcontractors on the Project at all times. The CMAR's on -site representatives shall manage <br />the Work of the Subcontractors and coordinate the Work with the activities and responsibilities of <br />the Owner, Project Designer and CMAR to complete the Project in accordance with the Owner's <br />objectives of cost, time and quality. <br />25.2. It is understood that the designated and approved on -site resident CMAR representatives will <br />remain on the job and in responsible charge as long as those persons remain employed by the <br />CMAR, unless the Owner's Representative agrees otherwise in writing during the course of the <br />Project. A contract amendment may be required by the Owner's Representative issued accordingly <br />by the Owner. The Owner may request in writing that the CMAR promptly remove any individual <br />staff member for any reason. <br />25.3. The CMAR shall establish an on -site organization and lines of authority in order to carry out the <br />overall plans of the Project Team. The CMAR will provide for all coordination with the on -site <br />Subcontractors the necessary on -site services for the construction activities and on -site <br />requirements of the CMAR, Owner and Project Designer. <br />25.4. The CMAR shall accept delivery and arrange for storage, protection and security for any Owner <br />purchased materials, systems and equipment that are a part of the Work until such items are turned <br />over to the respective Subcontractors. <br />25.5. The CMAR shall provide a critical path method ( "CPM ") schedule utilizing accepted standard <br />computer based software. The scheduling software shall allow for integration of all aspects of the <br />Project and provide for coordination of all Work to be performed. The scheduling software used by <br />the CMAR shall be capable of producing and coordinating logic developed network diagrams, and <br />tabular format reports. <br />25.6. After acceptance of each GMP and issuance of a construction contract amendment to the CMAR <br />for a Construction Phase of the Project and within fifteen (15) days of written notice to proceed <br />(NTP), the CMAR shall submit a preliminary CPM schedule for inclusion in the contract bid <br />packages consistent with the time frames submitted in each GMP. <br />25.7. After contract award but prior to thirty (30) days from the date of the notice to proceed, the CMAR <br />shall obtain from the Subcontractors their respective Work activities and integrate them into a <br />Project construction schedule. The CMAR shall develop the complete and final CPM schedule in <br />the form of a CPM network arrow diagram using the CMAR's logic and time estimates for each <br />segment of the Work and manpower loaded to complete the Work within the scheduled time <br />frames. The scheduling obligation shall include tracking the progress of the Owner's and Project <br />Designer's tasks and activities in relation to the milestone schedule and promptly notifying Owner <br />of any delay that might impact construction. The CMAR shall make recommendations to the <br />Owner, with a copy to the Project Designer, regarding strategies for overcoming any delay in the <br />design of the Project that will affect the construction schedule. The CMAR and the Project <br />Designer shall prepare, if deemed necessary, a schedule fixing dates upon which foreseeable <br />Page 26 of 53 <br />Revised 10/17 <br />