DOUGHERTY+DOUGHERTY ARCHITECTS, LLP 1C -2005

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2.3 Program Manager agrees to furnish the services set forth herein and agrees to furnish efficient business administration and management, and cause the Project to be completed in the most expeditious and economical manner consistent with the interests of the City. Program Manager represents that it possesses any and all licenses necessary to discharge its obligations under this Agreement. 2.4 Upon approval of the Design Proposal, Program Manager shall prepare all necessary drawings, plans and specifications necessary to construct the Project within the Project Budget. It is understood and agreed that as work proceeds on the Project, certain clarifications and modifications will have to be made, including adjustments in floor plans, circulation, site work and elevations, as well as detailing of materials, colors and finishes. All scope of work shall be subject to mutual approval by the parties. The Designated City Representative is hereby authorized and directed to review and approve all of the Project Documents as set forth below, provided they substantially conform to the scope of the Project as set forth in Project Documents, as well as later developed drawings, provided further except as authorized in writing by the City, under no circumstances shall the cost of the Project exceed the Project Budget. PROGRAM MANAGER'S RESPONSIBILITIES PROJECT 1,2 & 3 3.1 Program Manager shall be responsible to cause to be delivered to the City in a timely manner all design work necessary for the implementation of Project 3 —Emergency Operations Center. Program Manager shall assure that all construction work on Projects 1, 2 and 3 is competitively bid in accordance with bid documents approved by the City and to supervise all contractors retained thereby. City will provide all design and construction documents for Project 1, Second Street Fountain and Project 2, installation of bollards. 3.2 Program Manager shall execute necessary agreements with all Contractors as agent for the City, and ensure that they will, in the aggregate, satisfactorily provide all labor, materials, tools, and construction equipment necessary for the execution and completion of the Project, and that all Construction Contracts will incorporate within their contract sums the payment by the Contractors for all sales, use, gross receipts and similar taxes related to the Project. Program Manager shall be responsible for any of such costs due to its failure to cause same to be provided by the Contractors. 3.3 Program Manager shall prepare and submit for the City's approval, an estimated progress schedule for the Project, including a completion date (the "Completion Date"). The schedule shall indicate the date for the commencement and completion of any stages of the design and construction and provide for a completion date as set forth in Section 5.1 hereof. The Project schedule is subject to revisions as required by the conditions of the Project, change orders, and those conditions and events that are beyond the control of Program Manager, or the Contractors, including force majeure delays.