2011-291 AMS - J. F. Wilkerson Contracting Company for contract work for Efland Sewer

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LABOR AND MATERIAL PAYMENT BOND NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,9 Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void,otherwise it shall remain in full force and effects subject,however,to the following conditions: 1. A claimant is defined as one having a direct and the name of the party to whom the materials were contract with the Principal or with a Subcontractor of the fumished, or for whom the work or labor was done or Principal for labor, material, or both, used or reasonably performed. Such notice shall be served by mailing the required for use in the performance of the Contract, labor same by registered mail or certified mail, postage prepaid, and material being construed to Include that part of water, In an envelope addressed to the Principal,Owner or Surety, gas, power, light, heats oil, gasoline, telephone service or at any place where an office is regularly maintained for the rental of equipment directly applicable to the Contract transaction of business, or served in any manner in which 2. The above named Principal and Surety hereby jointly legal process may be served in the state in which the and severally agree with the Owner that every claimant as aforesaid project is located,save that such service need not herein defined, who has not been paid in full before the be made by a public officer. expiration of a period of ninety(90)days after the date on b) After the expiration of one(1)year following the date on which the last of such claimants work or labor was done or which principal ceased Work on said Contract It being performed, or materials were furnished by such claimant understood, however,that If any limitation embodied In this may sue on this bond for the use of such claimant bond is prohibited by any law controlling the construction prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so as may be justly due claimant and have execution thereon, as to be equal to the minimum period of limitation permitted The owner shall not be liable for the payment of any costs by such taw. or expenses of any such suit c) Other than in state court of competent jurisdiction In 3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state any claimant in which the Project or any part thereof, Is situated, or in a) Unless claimant, other than one having a direct the United States District Court for the district In which the contract with the Principal,shall have given written notice to Projftt or any part thereof,is situated,and not elsewhere. any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and Surety above named, within ninety (90) days after such to the extent of any payment or payments made In good claimant did or performed the last of the wok or labor,or faith hereunder, inclusive of the payment by Surety or furnished the last of the materials for which said claim is mechanics' liens which may be filed of record against said made, stating with substantial accuracy the amount Improvement whether or not claim for the amount of such claimed lien be presented under and against this bond. Signed and seated this day of ATTEST: J.F.Wilkerson Contracting Co., Inc. (Prftosp (Soso 6 . (Witnas4i WITNESS: �1�;: t �+ Great American insurance Company (SWOW (Beall a' Carol S. Card (witnesO law •�•''"••'�• Catherine Thompson A omey-in-Fact "DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BONG • AIA FEBRUARY 1970 E0. THE AMERICAN INSTITUTE OFARCHITECT%1735 N.Y.AVE,N.W.WASHINGTON,D.C.20M 2