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V ,r 0 • Day = a calendar day unless otherwise specifically designated. Designated City Representative = Deputy City Manager for Development Services, or designee Consultant(s) = Consultant(s) hired by Program Manager pursuant to this Agreement (e.g. architect, engineer, etc.). Consultant(s) Agreements = the contracts executed between Program Manager and its Consultant(s). Construction Management Agreement = the agreement entered into by and between Program Manager and its Construction Manager providing for Project construction management services. Construction Manager = The construction manager designated by Program Manager to supervise and manage the construction of the Project by the Contractors. Project Budget (Attached hereto as Exhibit A) = $259,424 (includes all work as shown on Exhibit A and Project Documents) the total cost of Project, including the costs of engineering and constructing the Project (including construction management services to be provided by Program Manager's designated Construction Manager). The Project Budget includes costs for (i) the fees and allowed reimburseables of Program Manager under this Agreement including without limitation the fees and allowed reimburseables of Program Manager's Construction Manager; (ii) costs of plan check and permits for the Project (except to the extent waived); and (iii) the fees, costs and allowed reimburseables of the Contractors, as set forth in the Construction Contracts let to the Contractors. Project = the construction/renovation of the Santa Ana Auto Mall per attached Exhibit A and Exhibit B and by reference construction drawings prepared by Clark & Green Associates, City's representative, 17-sheets dated 10/16/06 and subsequently revised on April 16, 2007, and any other plans and documents to be prepared by Program Manager and/or Clark & Green Associates, which are necessary to implement this project. Project Documents = include this Agreement, the Scope of Work attached hereto as Exhibit A & Exhibit B, and by reference, the construction drawings prepared by Clark & Green Associates, City's representative, 17-sheets dated 10/16/06 and subsequently revised on April 16, 2007, any other plans and documents to be or caused to be prepared by Project Manager necessary to implement this Project, and any agreements between Program Manager, its Consultants, the Construction Manager and the Contractors. Project Site = those portions of Auto Mall Drive, Dan Gurney Drive, and Ritchey Street as detailed in Exhibit A and said Project Documents in the City of Santa Ana. 2