|
Construction Services Agreement
<br />REV: 04-26-2021 PR 00 5205 - 18
<br />
<br />
<br />Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work
<br />with other consultants or contractors.
<br />If Surety elects to act under Paragraphs 0, 0 or 0 above, within the time period provided in Paragraph 4,
<br />above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are
<br />commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include,
<br />but are not limited to:
<br />Contractor’s obligations to complete the Construction Contract and correct Defective Work;
<br />Contractor’s obligations to pay liquidated damages; and
<br />To the extent otherwise required of Contractor under the Construction Contract, Contractor’s
<br />obligations to pay additional legal, design professional, and other costs not included within
<br />liquidated damages resulting from Contractor Default (but excluding attorney’s fees
<br />incurred to enforce this Bond).
<br />If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided
<br />in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed
<br />to be in default on this Bond ten Days after receipt of an additional written notice from City to Surety
<br />demanding that Surety perform its obligations under this Bond. Such Surety default shall be
<br />independent of the Contractor Default. To the extent Surety’s independent default causes City to
<br />suffer damages including, but not limited to, delay damages, which are different from, or in addition
<br />to (but not duplicative of) damages which City is entitled to receive under the Construction Contract,
<br />Surety shall also be liable for such damages. In the event any Surety obligation following its
<br />independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other
<br />law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is
<br />larger in amount or in any other respect more burdensome than that of the principal, Surety hereby
<br />waives the provisions of such laws to that extent.
<br />If Surety elects to act under Paragraphs 0, 0 or 0 above, within the time period provided in Paragraph 4,
<br />above, and complies with all obligations under this Bond, Surety’s monetary obligation under this
<br />Bond is limited to the Penal Sum.
<br />No right of action shall accrue on this Bond to any person or entity other than City or its successors or
<br />assigns.
<br />Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related
<br />subcontracts, design agreements, purchase orders and other obligations, including changes of
<br />time, and of any City action in accordance with Paragraph 0 above. Surety consents to all terms
<br />of the Construction Contract, including provisions on changes to the Contract. No extension of
<br />time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the
<br />Work (including services) required thereunder, or any City action in accordance with Paragraph 0
<br />above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety
<br />on this Bond, unless such action is an City Default.
<br />Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction
<br />where a proceeding is pending between City and Contractor regarding the Construction Contract,
<br />or in the courts of the County of San Mateo, or in a court of competent jurisdiction in the location in
<br />which the Work is located. Communications from City to Surety under Paragraph 0 above shall be
<br />deemed to include the necessary agreements under Paragraph 0 above unless expressly stated
<br />otherwise.
<br />All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature
<br />page of this Bond), and all notices to City shall be mailed or delivered as provided in Document
|