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3.2 CMAR Personnel <br />The services to be provided by. the CMAR under this <br />Agreement shag 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 it €ts. <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 />3.2.2 CMAR's Pmiect Representative <br />The. CMAR shalt designate a Project Representative who has <br />the authority to act on behalf of the CMAR to respect to all <br />matters that are . the subject of this Agreement, IncludQng, <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 />ProjecE. The CMAR shall then develop various alternatives for <br />the sequencing and 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 />approval may be granted or withheld In the Owner's sole 3.4 Consultant Selection <br />discretion. The CMAR shall bear, at its own expense and If requested by the Owner, the CMAR shall assist the Owner In <br />without reimbursement by the Owner, all costs associated with the selection of designers and other consultants necessary for <br />replacing, for any reason, any approved personnel. The CMAR_ -the .Project. (generally referred to In this Agreement as <br />shall remain solely responsible to the Owner, notwithstanding . • . ."Consultants ") by developing lists of potential firms, developing <br />the .Owner's approval of any approved personnel, for the criteria for selection, preparing and transmitting the requests for <br />quality and performance of all services provided by such proposal; assisting In reviewing written proposals, assisting In <br />personnel. -conducting interviews, evaluating candidates and making <br />recommendations. <br />