shall, without limiting the generality of the foregoing, perform the following
duties in respect of the Project:
(A)
PROVIDE DIRECTION TO THE GENERAL CONTRACTOR ON BEHALF OF OWNER IN
MATTERS REQUIRING SUCH DIRECTION PER THE TERMS OF THE GENERAL CONTRACT.
(B)
MAKE VISITS TO THE PROJECT SITE TO INSPECT THE WORK AND PROGRESS
OF CONSTRUCTION WITH THE GENERAL CONTRACTOR AND WITH THE ARCHITECT AND OTHER
CONSULTANTS, WHICH VISITS SHALL BE OF SUCH FREQUENCY AND DURATION AS SHALL BE
NECESSARY FOR DEVELOPER TO CARRY OUT ITS DUTIES UNDER THIS AGREEMENT, TO GUARD
AGAINST DEFECTS AND DEFICIENCIES IN THE WORK AND TO DETERMINE THAT THE WORK IS
BEING PERFORMED IN ACCORDANCE WITH THE CONSTRUCTION DOCUMENTS, BUT IN NO EVENT
SHALL SUCH VISITS BE LESS THAN ONE (1) DAY PER WEEK DURING THE CONSTRUCTION OF
THE PROJECT. DEVELOPER SHALL PREPARE AND SUBMIT TO THE ADVISOR A PROGRESS REPORT
NO LESS FREQUENTLY THAN ONCE EACH MONTH DETAILING ITS OBSERVATIONS.
(C)
DEVELOPER SHALL IMPLEMENT ALL CHANGES IN THE WORK OR SERVICES
APPROVED BY OWNER. DEVELOPER SHALL ESTABLISH A CHANGES SYSTEM TO CONTROL THE
WRITING OF CHANGE ORDERS AND TO RECORD ALL CHANGES TO THE CONSTRUCTION
DOCUMENTS. FOR CHANGES INITIATED BY THE OWNER OR DEVELOPER WITH RESPECT TO THE
GENERAL CONTRACTOR'S WORK, DEVELOPER SHALL
4
PREPARE WRITTEN CHANGE ORDER PROPOSAL REQUESTS, INCORPORATING DETAILED DRAWINGS
AND SPECIFICATIONS PREPARED OR APPROVED BY THE ARCHITECT WHERE APPROPRIATE.
DEVELOPER SHALL FORWARD THE REQUESTS TO THE GENERAL CONTRACTOR FOR PREPARATION
OF A PROPOSAL. FOR CHANGE ORDER REQUESTS INITIATED BY THE GENERAL CONTRACTOR,
DEVELOPER SHALL EVALUATE THE REQUESTS AND, IF APPLICABLE, PROVIDE A COPY TO THE
ARCHITECT FOR COMMENT. DEVELOPER SHALL EVALUATE PROPOSED CHANGE ORDERS FOR
PRICE, SCHEDULE AND COORDINATION IMPACT AND SHALL APPROVE THEM TO THE EXTENT
THEY ARE IMMATERIAL OR ARE NOT REASONABLY JUDGED BY THE DEVELOPER TO RESULT IN
THE PROJECT GOING BEYOND THE PLAN OR BUDGET OR DELAY THE PROJECT BEYOND THE
PROJECT SCHEDULE, OR IF THEY ARE JUDGED BY THE DEVELOPER TO RESULT IN THE
PROJECT GOING BEYOND THE PLAN OR BUDGET OR DELAY THE PROJECT BEYOND THE PROJECT
SCHEDULE, THE DEVELOPER SHALL FORWARD ITS RECOMMENDATIONS TO OWNER, ALONG WITH
THE COMMENTS OF THE ARCHITECT, FOR APPROVAL BY THE BOARD.
FOR CHANGE ORDER
PROPOSALS SO APPROVED, DEVELOPER SHALL PREPARE WRITTEN CHANGE ORDERS WHICH SHALL
BE EXECUTED ON BEHALF OF THE OWNER AND THE AFFECTED PARTY. IF A CHANGE IS
PERFORMED BY THE GENERAL CONTRACTOR OR A CONSULTANT UNDER A PRICING ARRANGEMENT
OTHER THAN LUMP SUM, DEVELOPER SHALL MAKE A RECORD OF UNITS, WORK OR SERVICES OR
ACTUAL COSTS INCURRED, AS THE CASE MAY BE.
DEVELOPER SHALL OBTAIN FROM THE
GENERAL CONTRACTOR AND CONSULTANTS COPIES OF SUPPORTING DOCUMENTS FOR ALL UNITS
OF WORK OR SERVICES OR COSTS INCURRED. DEVELOPER SHALL KEEP A RECORD COPY OF ALL
SIGNED CHANGE ORDERS AND SHALL PROVIDE COPIES TO THE ARCHITECT AND OWNER.
(D)
REVIEW AND EVALUATE ALL INVOICES AND PAYMENT APPLICATIONS AGAINST
ACTUAL PROGRESS TO DETERMINE WHETHER THE AMOUNT CLAIMED AS THE PERCENT COMPLETE
IS ACCURATE. DEVELOPER SHALL CERTIFY THE AMOUNTS