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Services to be performed, the maximum fee and reimbursement of Construction Costs, any adjustment in the Project Time, and such other matters as the City/Agency may deem appropriate. Except to the extent modified by a change order, all terms and conditions of this Agreement shall be deemed incorporated in each such change order. A change order shall not be required for change made in accordance with the Contract Documents, but shall only be required for changes in the Services to be rendered by CM/GC. Section 7. BONDS: A. Performance bond. CM/GC shall provide, prior to the commencement of the construction phase of the Project, a corporate surety bond in the penal sum of one hundred percent (100%) of the amount of the Construction Costs, issued by a corporate surety authorized to transact surety business in California, and conditioned upon the faithful performance of all work required to be performed by CM/GC under this Agreement. The performance bond provided by CM/GC shall include the Work to be performed by Trade Contractors. Said bond shall be liable for any and all penalties and obligations that may be incurred by CM/GC under this Agreement. Acceptance of the bond by the City/Agency is subject to the review and approval of the City Attorney's office. In addition to the CM/GC's Performance bond, Trade Contractors may, at City/Agency's or CM/GC's option, be required to obtain a one hundred percent (100%) performance bond. B. Payment Bond. CM/GC shall provide, prior to the commencement of construction of the Project, a corporate surety bond in the penal sum of one hundred percent (100%) of the amount of the Construction Costs, issued by a corporate surety authorized to transact surety business in California, which conforms strictly with the provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil Code of the State of California, and all amendments thereto. Acceptance of the bond by the City/Agency is subject to the review and approval of the bond by the City Attorney's office. In addition to CM/GC's payment bond" Trade Contractors may, at City/Agency's or CM/GC's option, be required to obtain a one hundred percent (100%) payment bond. C. Evidence of Bonds. CM/GC shall provide, upon execution of this Agreement, satisfactory evidence that CM/GC will be able to obtain the bonds specified in the two preceding paragraphs. D. Relief of Surety. No payment or delay in payment, and no change in, extension, addition or alteration of any provisions of the Contract Documents or a Trade Contract or forbearance on the part of the City/Agency, shall operate to relieve any surety or sureties from liability on the bond, and consent thereto without notice to or sent by such surety, is hereby given. Atty/Agr/2005.003 030805/L. Beck/60? 588v? Page ? of 30 "H'_"""'" --'r