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<br /> <br />3.3 Program Manager shall prepare and submit for the City's approval, an estimated progress <br />schedule for the Project, including a completion date (the "Completion Date"). The schedule shall <br />indicate the date for the commencement and completion of any stages of the design and <br />construction and provide for a completion date as set forth in Section 5.1 hereof. The Project <br />schedule is subject to revisions as required by the conditions of the Project, change orders, and <br />those conditions and events that are beyond the control of Program Manager, or the Contractors, <br />including force majeure delays. <br />3.4 The Program Manager shall assure that all bid documents released for competitive bidding <br />to prospective Contractors, and all contracts awazded to Contractors, include a requirement that <br />such Contractors keep the Project Site free from accumulation of waste materials or rubbish caused <br />by such Contractors operations. If any subsequent law and/or ordinance are enacted which affect <br />the cost of the Project, Program Manager shall submit a revised Project Budget to reflect such <br />change and, once approved by the City, is authorized to process change orders with affected <br />Contractors consistent with such Project Budget revision. <br />3.5 The Program Manager shall make sure that all applicable provisions of federal, state and <br />local safety laws to safeguazd against accidents or injury to persons on, about or adjacent to the <br />Project Site are complied with by the Contractors. The foregoing shall not apply, however, with <br />respect to the elimination or abatement of safety hazards created or otherwise resulting from work <br />at the Project carried on by persons or firms directly employed or engaged by the City and not a <br />part of the Project. <br />3.6 Program Manager shall keep, such full and detailed accounts as may be necessary for the <br />proper construction and financial management under this Agreement. The system will contain <br />Program Manager's records, books, correspondence, instructions, drawings, receipts, vouchers, <br />memoranda and similar data relating to this Agreement. Post construction services include <br />providing as-bunts and owners manuals. Guarantee the improvements for materials and <br />workmanship for one year. <br />3.7 Program Manager shall obtain or keep, and the City shall have the right to examine and <br />audit, all books, estimates, records, contracts, documents, bid documents, subcontracts, and other <br />data of Program Manager (including computations and projections), and the Contractors related to <br />negotiating, pricing, or performing the change order modifications in order to evaluate the accuracy <br />and completeness of the cost or pricing data. The expense of said audit shall be at the sole cost of <br />the City. Program Manager shall retain the materials described in this paragraph, for examination, <br />audit, or reproduction, until four (4) years after completion of the Project. <br />3.8 Program Manager shall insert a clause materially containing the above audit provisions, in <br />all subcontracts over Ten Thousand Dollazs ($10,000.00). <br />3.9 Program Manager shall publicize bids for the Project construction work in accordance with <br />the City's "Standazd Specifications" and the Santa Ana Municipal Code, as it pertains to public <br />works projects. Program Manager, as agent and fiduciary to the City, shall have control of the <br />bidding procedures inclusive of determination of the lowest responsible bidder(s). <br />4 <br />