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(2) Either a current A.M. Best A VIII rated Surety OR an admitted surety insurer which complies with the provisions of the California Code of Civil Procedure Section 995.660. b. Should any surety or sureties upon said bonds or any of them become insufficient, Program Manager shall cause its Construction Manager to require renewal of said bond(s) with good and sufficient sureties within ten (10) days after receiving notice from the City that the surety or sureties are insufficient. The cost of bonds are included in the Project Budget. 12.2 Performance Bond & Maintenance Program Manager shall request of or, on behalf of its Construction Manager shall,(i) post a Performance Bond in favor of City on a form reasonably acceptable to the City Attorney and equal in amount to 100% of the direct construction costs of the Project, as security for the faithful performance by the Construction Manager its obligations under the Construction Management Agreement, and cause its Construction Manager to (ii) require each Contractor designated by the City to deliver to the City an executed Performance Bond in favor of the City on a form reasonably acceptable to the City Attorney and equal in amount to 100% of the contract sum of such Contractor's Construction Contract, as security for the faithful performance by such Contractor of his obligations under his Construction Contract. City may partially release bond for all items other than landscape improvements upon issuance of a certificate of completion. Such retained performance bond shall have a term extending one year after the completion date of the improvements. 12.3 Payment Bond Program Manager shall request of or on behalf of its Construction Manager (i) post a Payment Bond in favor of the City in an amount equal to 100% of the direct costs component of the Project Budget, as security for the payment to the Contractors, and cause its Construction Manager to (ii) require each Contractor designated by the City to deliver to the City an executed Payment Bond in favor of the City in an amount equal to 100% of the contract amount such Contractor's Construction Contract as security for the payment of all persons performing labor and furnishing materials under such Contractor's Construction Contract. ARTICLE 13 13. DESIGN AND PROGRAM MANAGEMENT WORK PRODUCT The City acknowledges that all reports, drawings, specifications, field data, field notes, laboratory test data, calculations, estimates and other similar documents prepared by Program Manager and/or its Consultants or Contractors are instruments of professional service, not products. Although ownership of such documents and any copyrights thereto or therein are normally retained by Program Manager, they nonetheless shall in this instance become the property of the City upon 14