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<br /> <br />1.4 The Program Manager shall visit the site, become familiar with the local conditions, and <br />correlate observable conditions with the requirements of the City's program and schedule. <br />1.5 In developing the Design Proposal, the Program Manager shall review with the Designated <br />City Representative any alternative approaches to design and construction of the Project which the <br />Project Team may consider recommending. <br />1.6 The Program Manager shall submit to the City the Design Proposal, including the <br />completed Preliminary Design Documents, a statement of the proposed Project Budget, and a <br />proposed schedule for completion of the Project. Preliminary Design Documents shall consist of <br />preliminary design drawings, outline specifications or other documents sufficient to establish the <br />size, quality and character of the entire Project, its azchitectural, structural, mechanical and <br />electrical systems, and the materials and such other elements of the Project as may be appropriate <br />(the "Project Documents"). Deviations from the City's program shall be disclosed in the Project <br />Documents. The Project Budget will be tied to the construction documents for definition of scope. <br />If the proposed Project Budget exceeds the $2,540,000 budget including the appropriate <br />contingencies, the project will be re-designed. The number of parking stalls provided on site will be <br />determined by the funds available, but the Program Manager will use its best efforts to maximize <br />the number of spaces on site <br />1.7 In consideration for services provided under this Article, the City shall pay the Program <br />Manager the Pre-Construction Phase fee set forth in Exhibit B (the "Design Development Fee"). <br />1.8 If the Project Documents and Project Budget is accepted by the City, the parties proceed <br />with the balance of this Agreement under which the Program Manager shall agree, subject to the <br />terms and conditions of this Agreement, to deliver the completed Project for the Contract Sum. <br />1.9 The City reserves the absolute discretion to reject Program Manager's Design Development <br />Proposal and Project Budget, in which case, the Program Manager shall transfer or assign use of <br />any plans or designs developed to the City for use as the City deems appropriate, the City shall pay <br />the Design Development Fee, and thereafter the parties shall have no further rights or <br />responsibilities under this Agreement. <br />ARTICLE 2 <br />PHASE 2-CONSTRUCTION-GENERAL TERMS <br />2.1 This Agreement represents the entire agreement between the City and Program Manager <br />with regazd to the Project, and supersedes all prior negotiations, representations or agreements. This <br />Agreement shall not be superseded by any provisions of the documents for construction and maybe <br />amended only by written instrument signed by both the City and Program Manager. <br />2.2 Program Manager shall (i) provide general administration of the Agreement, (ii) prepaze all <br />Project Documents, (iii) manage and supervise the Project Team and the processing of plans and <br />specifications for the Project; (iv) manage as the City's representative the putting out for bid of all <br />2 <br />