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<br /> <br />3.10 Program Manager will require all Contractors to use their best efforts to prosecute the <br />Project work in a manner to minimize public inconvenience and possible hazard, to restore the <br />streets and other work azeas to their original condition and former usefulness as soon as possible, <br />and to protect public and private property adjacent to the Project. <br />ARTICLE 4 <br />4.1 The City shall provide in a timely manner full information regazding its requirements for the <br />Project hereunder. The Executive Director of Public Works is hereby designated as the Designated <br />City Representative and is authorized and directed to carry out such duties and exercise such <br />discretion as may be heretofore or hereafter delegated. <br />4.2 The Designated City Representative shall render, in a timely manner, all decisions requested <br />by Program Manager which may be necessary to perform the Project work. All decisions rendered <br />by the Designated City Representative shall be binding upon the City. Furthermore, any City <br />representative(s) present at the job site during construction shall be subject to reasonable rules as <br />maybe imposed by Program Manager. <br />4.3 If the City discovers any fault, defect or nonconformance in the Project or with the <br />Drawings or Specifications, the City shall give prompt written notice to the Program Manager. The <br />Designated City Representative shall sign the final plans and specifications prior to issuance of <br />building permit. <br />4.4 The Program Manager will submit all plans for plan checks and will apply for and obtain all <br />building permits, grading permit(s) and construction permit(s) required by the City of Santa Ana. <br />The City shall pay or waive all fees in connection therewith, at no cost to Program Manager. The <br />City shall cooperate with the Program Manager at all times and shall expedite all plan checks and <br />issuance of all requisite perrnits in accordance with the Project's requirements and schedules. <br />ARTICLE 5 <br />TIME SCHEDULE/LIOUIDATED DAMAGES <br />5.1 The work required under the Project Documents shall be substantially completed subject to <br />§3.3 of Article 3 (the "Completion Date"). The date of Substantial Completion of the Project is the <br />date when construction is sufficiently complete in accordance with the Project Documents so that <br />the City can occupy/use the Project for the use for which it is intended as reasonably determined by <br />Program Manager. Program Manager shall assure that each Construction Contract provides that <br />wan•anties called for by the Project Documents shall commence on the date of Substantial <br />Completion of the Project. This date shall be established by a certificate of Substantial Completion <br />("Certificate") signed by the appropriate Consultant, the Program Manager and the City. The City <br />and the Program Manager shall prepaze an addendum to the Certificate stating their respective <br />responsibilities for security, maintenance, heat, utilities, changes to the work and insurance. The <br />Certificate shall also list the items to be completed or corrected and establish the time for the <br />completion and correction. <br />5 <br />