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installation of the Project, in a good and workmanlike manner, in accordance with this <br /> Agreement,.the Performance Schedule and all applicable Laws and all Approvals for the Project <br /> issued by each Government Agency. The covenants of this Section 4.6.1 shall run with the land, <br /> until the date of issuance of a Certificate of Completion for the Project <br /> 4.6.2 Prior to commencement of construction on the Site, the Developer <br /> shall prepare for approval by the City a"Construction Mitigation Plan"that provides alternatives <br /> to the loss of the public parking current�y located on the Site during the Construction Period, <br /> provides outreach to residents and Downtown merchants with schedules of road closures and <br /> major work activities, makes azrangements for parking for construction workers on the Project, <br /> and coordinates with other construction projects occurring in and around the Downtown area. <br /> The City and Developer shall coopezate in good faith to implement the Construction Mitigation <br /> Plan, and incorporate any mitigation measures or actions into the plans and construction <br /> activities to be undertaken pursuant to this Agreement. The parties agree that Developer's <br /> payment of the Construction Parking Program Contribution shall be the Developer's only <br /> obligation with respect to mitigating the loss of public parking spaces currently located on the <br /> Site during the Construction Period, but is not intended to satisfy any obligations related to the <br /> parking needs of Developer or its construction workers. <br /> 4.6.3 Prior to commencement of construction of the Project, Developer shall <br /> deliver, or cause Developer's Contractor to deliver, to the City copies of payment bond(s) and <br /> performance bond(s) issued by a reputable bonding company licensed to do business in <br /> Califomia, and reasonably acceptable to the City, providing for payment and performance bonds <br /> ' for one hundred percent (100%) of the scheduled work of construction of the Project, including <br /> labor, material and equipment used in the work of improvement of the individual construction <br /> trade element of the Project, and for the Contractor's timely completion of the work of <br /> improvement of the individual construction trade element of the Project. Each such bond shall <br /> be in a penal sum of not less than one hundred percent (100%) of the scheduled cost of <br /> construction of the Project. The bonds shall name the City as dual obligee. Developer shall also <br /> provide, or cause Developer's Contractor to provide, a public improvement bond for the <br /> ' performance of work with respect to any public improvements constructed as part of the Project. <br /> The City agrees that to the extent that any work covered by the Construction Contract constitutes <br /> public improvements which the City requires be separately bonded pursuant to the preceding <br /> sentence, then the penal amount of the payment and performance bond(s) provided pursuant to <br /> the first sentence of this paragraph may be reduced by the penal amount of any such separate <br /> ' bond(s)so that the same public improvement work is not bonded twice. <br /> 4.6.4 During the period of construction, the Developer shall provide to the <br /> City's Project Manager, on a monthly basis, an updated Critical Path Management Schedule, <br /> including a three-week project look-ahead schedule. The Critical Path Management Schedule <br /> shall be in such form and detail as may reasonably be required by the City. <br /> 4.6.5 Where the overall construction schedule will be reduced or duration or <br /> severity of impact to other businesses or traffic circulation could be reduced by construction <br /> prior to 7:00 a.m. or after 8:00 p.m., construction will be permitted outside of normal <br /> construction hours with 24-hour advance written notice provided to the City's Building Official. <br /> 31 <br /> 2a13.118/BLOCK 2 HUNTER STORM <br /> REV:07-2&13 PT <br />