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WORKS, which approval shall not be unreasonably withheld, conditioned or delayed. DEVELOPER shall be responsible for scheduling and participating in pre-bid meetings with potential bidders and responding to any questions submitted by bidders with regard to the bid packages, and issuing any addenda to bid packages. 4.4. DEVELOPER, with the cooperation of CITY, shall be responsible for scheduling the publication of legal advertisements and receipt of bids at regularly scheduled public meetings of the BOARD OF WORKS. All bids shall be received and opened publicly, pursuant to applicable law. BOARD OF WORKS shall deliver copies of all bid proposals to DEVELOPER at or promptly after the public opening. DEVELOPER and CITY shall review the proposals and make recommendations with the intent to award contracts in accordance with applicable laws to the lowest responsible and responsive bidder at a public meeting, provided such bid has been submitted in accordance with all applicable laws and meets the requirements of the bidding documents. CITY, in consultation with DEVELOPER, shall have the right to reject any and all bids not in compliance with applicable law and CITY'S requirements. 4.5. DEVELOPER shall prepare the form of a construction contract(s) to be entered into in connection with construction of the Local Public Improvements; provided, that such construction contract(s) shall include all provisions required by applicable law and other standard provisions included in construction contracts used by the BOARD OF WORKS and which construction contracts shall be subject to review and approval by the BOARD OF WORKS. 4.6. Notwithstanding anything contained in this Article 4, it is agreed that all procedures followed in connection with the solicitation of bids, the awarding of contracts and all related activities must conform to all requirements of all applicable laws. All provisions of this Article 4 are conditioned upon the procedures described herein being consistent with applicable laws, and shall be followed only if consistent therewith. 4.7. DEVELOPER hereby is granted and shall have, as agent for and on behalf of CITY, total and exclusive responsibility and authority to perform the Construction Management Services and to manage and supervise the design, construction and equipping of the Local Public Improvements, except for the final award of contracts which shall be subject to approval of BOARD OF WORKS, at the direction of DEVELOPER. DEVELOPER acknowledges that the Local Public Improvements will be constructed in substantial accordance to the plans and specifications as contemplated by the Development Agreement. DEVELOPER shall schedule, coordinate and monitor the work of the design professionals, engineers, consultants, General Contractors relating to the Local Public Improvements, including but not limited to establishing the timing, sequence and phasing of construction of the Local Public Improvements. 4.8. In accordance with applicable law, DEVELOPER shall have discretion and authority to initiate the implementation of change orders. Any change order shall be subject to final approval by BOARD OF WORKS. DEVELOPER shall be responsible for preparing and processing any such change orders for review and approval by the BOARD OF WORKS. - 3 -