2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M

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Page 26 of 53 5-2-25 24.8.1. After a grace period of thirty (30) calendar days liquidated damages in the sum of $1000.00 per additional day (beyond the grace period) for each consecutive calendar day that the CMAR fails to achieve substantial completion of the entire Project shall be assessed. 24.9. In addition to the foregoing liquidated damages, the Owner may recover extended utility charges as expressly set forth elsewhere in this Contract. 24.10. The CMAR shall not use its unexpended GMP Contingency to pay liquidated damages. The CMAR may in its discretion provide in its construction contracts that its Subcontractors will be liable for liquidated delay damages, in the amount of the Owner’s liquidated damages or in different amounts. Notwithstanding anything in this Contract that might be construed to the contrary, in the event the CMAR deducts liquidated damages from a particular construction contract, thereby reducing the sum payable under that contract, the GMP will not be reduced by the amount withheld from that Subcontractor. 24.11. Other than extended utility charges, liquidated damages shall be Owner’s sole remedy for delay or inability to use the Project or any portion thereof. This provision for liquidated damages does not bar Owner’s right to enforce its other contractual rights and remedies under this Contract, including without limitation the right to order the CMAR to accelerate the Work or the right to terminate the Contract. Liquidated damages represent the Owner’s best effort at the commencement of the Contract to estimate its reasonable anticipated damages for delay, and should not be construed as a penalty. 25. CONSTRUCTION SUPERVISION AND SCHEDULE 25.1. The CMAR shall maintain a competent and adequate full-time staff approved by the Owner at the Project site to coordinate and provide adequate direction of the Work, and to monitor progress of the Subcontractors on the Project at all times. The CMAR’s on-site representatives shall manage the Work of the Subcontractors and coordinate the Work with the activities and responsibilities of the Owner, Project Designer and CMAR to complete the Project in accordance with the Owner’s objectives of cost, time and quality. 25.2. It is understood that the designated and approved on-site resident CMAR representatives will remain on the job and in responsible charge as long as those persons remain employed by the CMAR, unless the Owner’s Representative agrees otherwise in writing during the course of the Project. A contract amendment may be required by the Owner’s Representative issued accordingly by the Owner. The Owner may request in writing that the CMAR promptly remove any individual staff member for any reason. 25.3. The CMAR shall establish an on-site organization and lines of authority in order to carry out the overall plans of the Project Team. The CMAR will provide for all coordination with the on-site Subcontractors the necessary on-site services for the construction activities and on-site requirements of the CMAR, Owner and Project Designer. 25.4. The CMAR shall accept delivery and arrange for storage, protection and security for any Owner purchased materials, systems and equipment that are a part of the Work until such items are turned over to the respective Subcontractors. 25.5. The CMAR shall provide a critical path method (“CPM”) schedule utilizing accepted standard computer based software. The scheduling software shall allow for integration of all aspects of the Project and provide for coordination of all Work to be performed. The scheduling software used by the CMAR shall be capable of producing and coordinating logic developed network diagrams, and tabular format reports. 25.6. After acceptance of each GMP and issuance of a construction contract amendment to the CMAR for a Construction Phase of the Project and within fifteen (15) days of written notice to proceed Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78