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Developer shall enter into contracts for the construction of any off -site improvements which Developer elects to construct. City shall approve the award of any such contract to the lowest responsible bidder. Developer's bid package shall: (i) Require use of prevailing wage rates for off -site pubic improvements; (ii) Use City approved bid package; (iii) Employ bidding process in accordance with City procedures per Santa Ana Municipal Code § 2 -805; (iv) Require that all change orders for off -site public improvements shall be approved in writing by the Executive Director of the Public Works Agency prior to the commencement of work; and (v) Provide that the bids shall be delivered under seal directly to City. Alternatively, should City and Developer jointly elect, the off -site public improvements maybe bid and contracted for using the "management contract method." Should Developer propose use of the management contract method for such improvements, it shall identify in writing a proposed management contractor. Upon receipt of this request, the Executive Director of the Public Works Agency shall review such proposal within three (3) working days. Should the parties choose to utilize the management contract method for construction of the off -site public improvements, the bidding requirements, as set forth above, shall be modified so that separate bids shall be submitted to City for each trade. The management contractor shall perform none of the construction itself unless it is awarded a separate contract therefore as the lowest responsible bidder in subsequent bidding under the procedures set forth above. (c) Construction Requirements Developer shall carry out the design, construction and the operation of the off -site improvements in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, the County of Orange, the City or any other political subdivision in which the Property is located, and any other political subdivision, agency, or instrumentality exercising jurisdiction over City, Developer or the Property, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, City zoning and development standards, City permit and approvals, building, plumbing, mechanical and electrical codes, as they apply to the off -site improvements, and all other provisions of City and its Municipal Code and all applicable disabled and handicap access requirements, including, without limitation, the Americans with Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq. and the Unruh Civil Rights Act, Civil Code § 51 et seq. (Governmental Requirements). Developer explicitly acknowledges that construction of the public off -site improvements shall be subject to the requirement that Developer shall pay "prevailing wage" rates pursuant to Labor Code § 1720 et seq. and that this standard shall constitute one of the Government Requirements. SMRH:475724784.2 659-19