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6 . � . �'^ 9 <br /> Services to be performed, the maximum fee and reimbursement of Construction Costs, any <br /> adjustment in the Project Time, and such other matters as the City/Agency may deem <br /> appropriate. Except to the extent modified by a change order, all terms and conditions of this <br /> Agreement shall be deemed incorporated in each such change order. A change order shall not <br /> be required for change made in accordance with the Contract Documents, but shall only be <br /> required for changes in the Services to be rendered by CM/GC. <br /> Section 7. BONDS <br /> A. Performance bond. CM/GC shall provide, prior to the commencement of the <br /> construction phase of the Project, a corporate surety bond in the penal sum of one hundred <br /> percent (100%) of the amount of the Construction Costs, issued by a corporate surety <br /> authorized to transact surety business in California, and conditioned upon the faithful <br /> performance of all work required to be performed by CM/GC under this Agreement. The <br /> performance bond provided by CM/GC shall include the Work to be performed by Trade <br /> Contractors. Said bond shall be liable for any and all penalties and obligations that may be <br /> incurr�d by CM/GC under this Agreement. Acceptance of the bond by the City/Agency is <br /> subject to the review and approval of the City Attorney's office. In addition to the CM/GC's <br /> Performance bond, Trade Contractors may, at City/Agency's or CM/GC's option, be required to <br /> obtain a one hundred percent (100%) performance bond. <br /> B. Pavment Bond. CM/GC shall provide, prior to the commencement of construction o� the <br /> Project, a corporate surety bond in the penal sum of one hundred percent (100%) of the amount <br /> of the Construction Costs, issued by a corporate surety authorized to transact surety business in <br /> California, which conforms strictly with the provisions of Chapter 7, Title 15, Part 4, Division 3, of <br /> the Civil Code of the State of California, and all amendments thereto. Acceptance of the bond <br /> by the City/Agency is subject to the review and approval of the bond by the City Attorney's <br /> office. In addition to CM/GC's payment bond, Trade Contractors may, at City/Agency's or <br /> CM/GC's option, be required to obtain a one hundred percent (100%) payment bond. <br /> C. Evidence of Bonds. CM/GC shall provide, upon execution of this Agreement, <br /> satisfactory evidence that CM/GC will be able to obtain the bonds specified in the two preceding <br /> paragraphs. <br /> D. Relief of Suretv. No payment or delay in payment, and no change in, extension, addition <br /> or alteration of any provisions of the Contract Documents or a Trade Contract or forbearance on <br /> the part of the City/Agency, shall operate to relieve any surety or sureties from liability on the <br /> bond, and consent thereto without notice to or sent by such surety, is hereby given. <br /> Atty/Agr/2005.003 <br /> 030805/L.Beck/607588v7 Page 7 of 30 <br />