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31 <br /> <br />newspaper(s) ), as well as websites, trade association publications, trade journals, or other <br />applicable media, not less than twenty (20) calendar days before the date bids are due; (b) <br />holding at least two advertised open houses in the vicinity of the Project to encourage local <br />businesses to come and learn about the Project and how they might be engaged to work on the <br />Project; and (c) requesting assistance from San Leandro community organizations, contractors or <br />professional groups, local state or federal business assistance offices or other organizations that <br />provide assistance in the recruitment and placement of San Leandro businesses. Developer shall <br />keep records of these outreach efforts and shall provide them, as well as a listing all contact <br />information for any San Leandro business or nonprofit organization that will participate in the <br />project, or provide services or supplies to the prime contractor, to the City upon request. <br /> <br />(c) Developer and its contractors and subcontractors shall consider in <br />good faith all applications submitted by local businesses in accordance with their normal practice <br />to engage the most qualified business for each position and make a good faith effort to hire local <br />businesses. <br /> <br />(d) Developer retains the sole and absolute discretion to engage both <br />professional and construction firms it deems best qualified for the tasks to be performed. <br /> <br />(e) The requirements of this Section 1.6.3 shall continue until the <br />issuance of the first temporary certificate of occupancy for each Element of the Project. <br /> <br />(f) The requirements of this Section 1.6.3 are limited to the <br />construction activities of the Project. <br /> <br />1.7. Performance Bonds and Payment Bonds. <br /> Prior to commencement of any construction work on the Project, Developer shall cause <br />its general contractor for each Element of the Project to deliver to the City copies of payment <br />bond(s) and performance bond(s) issued by a reputable insurance company licensed to do <br />business in California, each in a penal sum of not less than one hundred percent (100%) of the <br />scheduled cost of construction for each Element of the Project. The bonds shall name the City as <br />obligee and shall be in a form acceptable to the City Attorney. The bonds for each Element of <br />the Project shall remain in place and in full force until release by the City upon completion of the <br />Element as determined by the City. The Golf Course Element shall be accepted by the City <br />Council prior to the release of any bonds for such work. In lieu of such performance and <br />payment bonds, subject to City Attorney’s approval of the form and substance thereof, <br />Developer may submit evidence satisfactory to the City of contractor’s ability to commence and <br />complete construction of the Project in the form of an irrevocable letter of credit, pledge of cash <br />deposit, certificate of deposit, or other marketable securities held by a broker or other financial <br />institution acceptable to the City, with signature authority of the City required for any <br />withdrawal, or a completion guaranty in a form and from a guarantor acceptable to City. If <br />proposed by Developer, the City shall reasonably consider the use of subguard bonds for <br />construction of private improvements by or on behalf of the Developer or its assigns (but not <br />public improvements to be constructed by or on behalf of the Developer or its assigns). Such <br />evidence must be submitted to City in approvable form in sufficient time to allow for review and <br />approval prior to the scheduled construction start date.