Financial- Melvin Mark (Files 1-2)

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~ ~ 4. General Obli~ations of Mana~ 4.1 Standard of Care In performing its obligations under this Agreement, Manager shall use reasonable care, skill, diligence, and efforts. Manager is not an architect, engineer, contractor or other design or construction professional, and Manager is not responsible for the means or methods of construction or the design or safety of the Froject, nor is Manager responsible for Owner's compliance with Applicable Laws. Manager is responsible for using competent, diligent and professional efforts to monitor and supervise the performance by the design and construction professionals of the obligations they owe to Owner with respect to the Project. 4.2 GeneralObli ations Manager will represent the Owner as the principal contact with design consultants and contractors. Manager will report to the Owner through the Review Committee established by the Owner pursuant to the Development Agreement between Marion County and the Salem Area Mass Transit District. Manager will be responsible for facilitating communications between the Owner, design consultants and contractors, conveying concerns, decisions and formal actions. Manager will be responsible for maintaining thorough and complete project records and making regular status reports and regular briefings to the Owner. Manager will coordinate the flow of information, communications and formal documents so that the Owner has the material required to take timely action on policy, design and budget matters. Manager will be responsible for transmittal of documentation r~quired for Owner approval or actions. Owner shall cooperate in all respects as necessary to facilitate Manager's performance of this obligation. Manager is expected to use sound judgment in representing the Owner to other consultants and contractors, and in advising the Owner of pending issues or actions on the Project. Manager is expected to use management leadership and initiative in keeping the Project on schedule and within budget. The Owner is a public entity. Manager, as a representative of the Owner, is open to critical examination by the public. To help the Owner operate in a fair and objective manner and to help protect the reputation of the Owner and its representatives, Manager should not crea.te any conflict of interest or potendal conflict of interest as Manager carries out its responsibilities. A conflict of interest occurs when the Manager, acting on behalf of the Owner, takes or fails to take any action, or makes a decision or recommendation where the effect would be to the private financial benefit or harm of Manager, Manager's officers, agents and employees, or their household members. Furthermore, any media questions or contacts regarding the Project shall not be addressed without prior authorization~from the Owner. During the construction document development phase, Manager shall represent the Owner at regularly scheduled and special team meetings; monitor the Project schedule for design and construction to promote timely completion of each phase of the Project; assist the 4 0145790.07