Common use of Developer Services Clause in Contracts

Developer Services. Owner hereby engages the services of Developer as an independent contractor, with the powers and duties, subject to Section 2.02 herein, of arranging, supervising, and coordinating on behalf of Owner all development and construction services for the Project, and Developer undertakes and accepts such engagement. Subject to Section 2.02, the powers and duties of Developer shall include the following: (a) Developer will negotiate with the General Contractor, any and all consulting engineers, subcontractors, or other persons required in connection with the construction of the Project, for their retention by Owner on terms and conditions acceptable to Owner (but execution of any agreements or documents by Owner or Developer on behalf of Owner will be at Owner’s sole discretion). (b) Developer will conduct negotiations and calls for bids or proposals, and will review and analyze such bids or proposals when received in respect of the Project. (c) Developer will negotiate any Change Orders with the General Contractor and the Project Architect, but all Change Orders are subject to approval by Owner. (d) Developer will secure or cause to be secured all required permits, licenses, and approvals from applicable authorities in connection with (i) any demolition of portions of the existing improvements, (ii) the construction and completion of the Project in accordance with the Development Plan, and (iii) the development of the Project, including, without limitation, zoning, building, and environmental impact and hazardous or toxic waste laws, and act as a liaison between the Owner and all federal, state, and local governmental boards, statutory bodies, or other agencies having jurisdiction over the Project so that the development and construction of the Project will proceed in an authorized and expeditious manner. (e) Developer will require the General Contractor to prepare a critical path or other appropriate progress schedule for the construction of the Project and effect coordination and integration of the various services required for the critical path construction and completion of the Project in conformity with the Construction Schedule. (f) Developer will maintain a current record of expenditures in accordance with the line items set forth in the Development Plan. (g) Developer will require the General Contractor to negotiate, finalize, and award all major subcontracts and material purchase orders, all of which subcontracts and purchase orders shall be in accordance with the Development Plan. (h) Developer will establish and implement a procedure for the review and processing of applications submitted by the General Contractor for progress and final payments and establish procedures for the payment of all professionals or consultants retained by Owner to perform services for the development of the Project. (i) Developer will inspect, cause the Project Architect and other professionals and consultants to inspect, and permit the Inspecting Architect to inspect, the progress of the course of construction of the Project, including, without limitation, verification of the quantity and quality of materials and labor being furnished for the construction of the Project and permit the Project Architect, the Inspecting Architect, and other professionals or consultants to verify that the construction is being carried out in accordance with the Development Plan. (j) Developer will contractually require the General Contractor to obtain and maintain insurance coverage for the Project, and the Owner at all times until completion of the construction of the Project. Developer may, at its option, obtain and maintain the builder’s risk insurance for the Project with coverage to include the General Contractor. (k) Developer will contractually require the General Contractor to conduct regular Project site meetings during the construction of the Project with the Project Architect. (l) Developer will coordinate and direct the activities any environmental and testing consultants and recommend special additional testing when required, in addition to the required materials testing. (m) Developer will collect and assemble all operating instructions, manuals, warranties, field record information, as-built drawings, plans, specifications, samples, shop drawings, and product data required to be provided pursuant to the terms and conditions of the Development Plan and Development Contracts. (n) Developer will provide administration of all of the Development Contracts and the enforcement thereof, including, without limitation, maintaining all appropriate records related to the Project, and the Development Contracts. (o) Developer will coordinate and direct the preparation of the “punch-list” by the General Contractor and coordinate and direct the completion of the items on the “punch-list” and Project “close-out” until final completion of the Project. (p) Developer will establish and administer the construction cost accounting and reporting procedures that will accomplish the proper (i) segregation of construction and design costs in accordance with Owner and any tenant lease requirements pertaining to cost responsibility, rent determination, and tax and insurance considerations, and (ii) cost control of the overall Project. Reports (including status reports showing the status of construction and work in progress, actual and projected cost overruns, cash flow projections, lease-up projections, leases entered into and leases in process, and any other information reasonably requested by Owner) will be delivered to Owner on a monthly basis. (q) Developer shall assist Owner in enforcing appropriate guarantees and warranties from all General Contractors, subcontractors, and suppliers and shall cause such General Contractors, subcontractors, or suppliers promptly to correct all defects in construction of the Project that Developer or Owner finds at any time for the period such guarantees or warranties are in effect. (r) Developer will oversee and enforce the performance by the General Contractor, the Project Architect, and other contractors and consultants of their obligations under the Development Contracts.