Melvin Mark- Project Management Agreement

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O1!~S!98 16:28 $503 583 52a7 14IARION C0. COI4I• [~]009/01-1 t 3AT1--23-98 I 5> 19 FROM ~ BALL JAN[ I K LLP I D~ 503 295 1 058 PAGE 9/ 19 in. the amotimt shown in Sch,edul,e I, which amouat shall be paid in th@ manner d~nbed oa Schedule 1 att~ed hceto_ 4. -..,~.. e~~~~31~~ PEr~~„r~~.,..a.. ~...~~ .,. ~ e 7.. - + ~r ~5,~_t~....:e...a ¢}~6la~i' R~~9-'~Y 4'ii~~i ~fTl ~ S °w •~••i f F e~1~ C rr Gcnesal Obligations ofMa~ 4.1 Staa d of Ca~ In performing its obligations ur~der ttii.g ,qpreemc,n~ Managc~. shall use reasoaable cate, skill. diligence, and ~fforts. Manager is not an. ar~tect, eng~a~eer, contract~r or other desig~ or coas~uctioa grafessioaal, and Maaager is not resperr,sible for the mea~s or m~thods of corrstivction or the deszgn or safety of the Project, nor is Maoager resportsi~le for Ownes°s compliaace witb Applicable Laws. Managcr is responsible fur usiag competea~ d.iligen.t and prof~ssiona! efforts to moaitor ~aad supervise t[ze perfornta~ce by the desig~ aad constru~,-tion professionals of the obligarioas they owe w Owner with r~pect to tb~ pmject 4.2 G~era! Obii ation~ Manager will represeat the Ovvner as ibe priacipal conraet arith desigu consultan~ and connactars_ Maaager urill report to the Owner t]~rough the Review Commirtee established by the Owner gursuant w the Developmatrt Ageement between Marion Cotia=y and the Salem `°_ Ar~a Niass Traasit Dis~icL Manager rviII be respansible for facilit~ting communication,s between the Owner, desi~ consultants and coatiact,on, coaveyiag concerns, decisioas aad formal actions_ Managcr wiII be ~esponsblc for ma~ntaiaiag thorougki and camplete project rceotds aad makiag ~egular stalus reports and regular brieftags to the Ow~.er. Maaager will coor+dinate the flow of information, communica~ioru and formal doctrmeats so that the Owner has the'material requir~d to take timely actior~ on policy~ desigi aad bud.get matters. Mana.ger will be responsible for ~aasmiital of doeuanen~ation required for Oarner approval or acaoas. Owrtier sha11 cooperate ia aII respects as necessary to facilit~ Manager's performance of this obligation_ MSnSger is expected to use sowad judg~rtent in regresenting the Owner to ather consvltants and conlract~rs, and ia advising the pv~-aer of pe,ading issues or acQoas on tbe Pmject M,aas,get is expeetod to use managemeat leadezsbip $ad initiative in keepiag the Project oa schedule and wit~ budget, The Ou-ner is a public entity. Mariager, as a represenrative of the Owner, is apea to critical examiuao~on by tiie public. To help the Owner apecaxe in a fair and obJective manner aad to help prutect the roputation of the OwneT and its rep~~seatativ~, Ma~ager shotild not create aay coaflict of int~rest or poteatial conflict of intcrest as i~fanager carries ou= its res~por~ibilities A conflict of interest occuts when the Man~er, acting on behalf of the Owner, takes or fails to take arty ac~ion, or mak~s a decision or ~recommendation whae the efFect would be to the private 4 o~as79o.~