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computations and projections), its Construction Manager and the Contractors related to negotiating, pricing, or performing the change order modifications in order to evaluate the accuracy and completeness of the cost or pricing data. The expense of said audit shall be at the sole cost of the City. Program Manager shall assure that either Program Manager or its Construction Manager shall retain the materials described in this paragraph, for examination, audit, or reproduction, until four (4) years after completion of the Project. 3.8 Program Manager shall cause its Construction Manager to insert a clause essentially containing the above audit provisions, in all of the subcontracts over Ten Thousand Dollars ($10,000.00). 3.9 Program Manager shall cause its Construction Manager to publicize bids for the Project construction work in accordance with the City's "Standard Specifications" and the Santa Ana Municipal Code, as it pertains to public works projects. Notwithstanding the foregoing, if and only to the extent permitted by law, Program Manager shall be permitted to require the three lowest bidders to re -bid after they have been selected as the three lowest bidders. Program Manager, as agent and fiduciary to the City, shall have control of the bidding procedures inclusive of determination of the lowest responsible bidder(s). 3.10 Program Manager will require its Construction Manager and all Contractors to use their best efforts to prosecute the Project work in a manner to minimize public inconvenience and possible hazard, to restore the streets and other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property adjacent to the Project. ARTICLE 4 4. THE CITY' S RESPONSIBILITIES 4.1 The City shall provide in a timely manner full information regarding its requirements for the Project hereunder. 4.2 The Designated City Representative shall render, in a timely manner, all decisions requested by Program Manager which may be necessary to perform the Project work. All decisions rendered by the Designated City Representative shall be binding upon the City. Furthermore, any City representative(s) present at the job site during construction shall be subject to reasonable rules as may be imposed by Program Manager and/or its Construction Manager. 4.3 If the City discovers any fault, defect or nonconformance in the Project or with the Drawings or Specifications, the City shall give prompt written notice to the Program Manager. The Designated City Representative shall sign the final plans and specifications prior to issuance of building permit. 4.4 The Program Manager will submit all plans for plan checks and will apply for and obtain all building permits, grading permit(s) and construction permit(s) required by the City of Santa Ana or other agencies, as applicable. The City shall pay or waive all fees in connection 5