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7.3.1 Payment Bond <br />Program Manager shall (i) require each Construction Manager to post a Payment <br />Bond in favor of the City in an amount equal to 100% of the direct costs component of <br />the Project Budgets, as security for the payment to the Contractors, and (ii) require each <br />Contractor to deliver to the City an executed Payment Bond in favor of the City in an <br />amount equal to 100% of the contract amount such Contractor's Construction Contract as <br />security for the payment of all persons performing labor and furnishing materials under <br />such Contractor's Construction Contract. <br />DESIGN AND PROGRAM MANAGEMENT WORK PRODUCT <br />PROJECTS 1, 2 & 3 <br />8.1 The City acknowledges that all reports, drawings, specifications, field data, field <br />notes, laboratory test data, calculations, estimates and other similar documents prepared <br />by Program Manager and/or its Consultants are instruments of professional service, not <br />products. Although ownership of such documents and any copyrights thereto or therein <br />are normally retained by Program Manager, they nonetheless shall in this instance <br />become the property of the City upon final payment to Program Manager of any and all <br />amounts owed or due under terms of this Agreement. No such documents should be <br />subject to unauthorized use or reuse, that is use or reuse without prior written <br />authorization of Program Manager to do so. Any reuse of the documents by the City <br />without express written authorization by the Program Manager shall be at the City's sole <br />risk and without liability or legal exposure to the Program Manager or its Consultants. <br />The Program Manager shall cause its Consultants to turn over to the City the following: <br />Record Drawings (as-builts) on mylar (not sepia mylar) signed by the architects and <br />engineers, diskettes of computer generated plans, equipment and product manuals, all <br />contractor's warranties and guarantees. <br />CHANGES <br />9.1 Changes affecting Program Manager. <br />Adjustments to the fee compensation of Program Manager under this Agreement, <br />shall be determined as follows: <br />For services performed by Program Manager on each Project, due to an approved <br />change in the scope of the work of the Project, if the construction costs increase <br />by more than five percent (5%), the program management fee will be adjusted by <br />three percent (3%) of the change in construction cost. <br />WARRANTY <br />PROJECT 1,2 & 3 <br />10.1 The Program Manager shall require each Contractor to warrant to the City in <br />writing that all material and equipment furnished under such Contractor's Construction <br />