Services 6.1. The CM shall perform the services described in this Agreement. The sequence in which the services are provided shall be as set forth in the approved Construction Management Plan. 6.2. General Scope of Services: The general scope of services required of the CM is described in Section V of the RFQ. 6.3. Duration: The commencement date for the CM’s services shall be the date of execution of this Agreement by the Owner as stated herein or the date on which the Owner issues to the CM a written instruction to proceed with services, whichever is earlier. The duration of the CM’s services under this Agreement shall be from the date of this Agreement through the issuance of the certificate of Final Completion, or to the end of the one-year CM warranty phase services, whichever is later. 6.4. CM Staffing: The services to be provided by the CM under this Agreement shall be performed by personnel identified by the CM, and approved by the Owner, before commencing services. The furnishing of services by such personnel throughout the duration of the Project, and any individuals approved by the Owner to replace them, is of the essence to this Agreement. 6.4.1. Additions, Removals, Replacements: 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 CM shall not employ any individual to perform 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 CM 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 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 CM 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. 6.4.2. CM’s Project 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 CM. The Project Representative shall be available at all times during all phases of performance of services under this Agreement to consult with the Owner on matters pertinent to design and construction of the Project. 6.4.3. The CM shall be an independent contractor, not an employee, agent, joint venturer, or partner of the Owner, and shall not have authority to act on behalf of the Owner. The CM shall have complete and sole responsibility for and control over its employees, agents, representatives, and subcontractors, and the means and methods of providing the Work. The CM shall employ no person whose employment on or in connection with the Project may be objectionable to the Owner and shall remove any such person when objected to by the Owner; all upon reasonable grounds. 6.4.4. The Owner and the Owner’s Representative shall not be responsible for the acts of the CM or the CM's representatives while performing under this Agreement, whether on the site or elsewhere, and the CM shall not have authority to speak for, represent, or obligate the Owner in any way without additional prior written authority. 6.4.5. 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 employees.
