2013-069 Planning - J F Wilkerson Contracting - Buckhorn-Mebane EDDD Phase 2 Water and Sewer Improvemtnts $4,016,545.74

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I The Contractor and the Surety,jointly and severally, 6 When the Claimant has satisfied the conditions of Para- bind themselves,their heirs,executors,administrators, graph 4,the Surety shall promptly and at the Surety's ex- successors and assigns to the Owner to pay for labor, pense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant;with a copy to the mance of the Construction Contract,which is incorporated Owner,within 45 days after receipt of the claim,stating herein by reference. the amounts that are undisputed and the basis for chal- 2 With respect to the Owner,this obligation shall be null and void if lenging any amounts that are disputed. the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly,for all sums amounts. due Claimants,and 7 The Surety's total obligation shall not exceed the 2.2 Defends,indemnifies and holds harmless the Owner from amount of this Bond,and the amount of this Bond shall be claims,demands,liens or suits by any person or entity whose credited for any payments made in good faith by the Surety. claim,demand,lien or suit is for the payment for labor,materials S Amounts owed by the Owner to the Contractor under or equipment furnished for use in the performance of the the Construction Contract shall be used for the perfor- Construction Contract,provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,if the Contractor and the Surety(at the address described in any, under any Construction Performance Bond. By the Paragraph 12)of any claims,demands,liens or suits and tendered Contractor furnishing and the Owner accepting this Bond, defense of such claims,demands,liens or suits to the Contractor they agree that all funds earned by the Contractor in the and the Surety,and provided there is no Owner Default. performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants,this obligation shall be null this Bond,subject to the Owner's priority to use the funds and void if the Contractor promptly makes payment,di- for the completion of the work. rectly or indirectly,for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelat- this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claimant 4.1 Claimants who are employed by or have a direct under this Bond,and shall have under this Bond no obliga- contract with the Contractor have given notice to the tions to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and,with sub- 10 The Surety hereby waives notice of any change,includ- stantial accuracy,the amount of the claim. ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- 4.2 Claimants who do not have a direct contract with tions. the Contractor: .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy,or notice thereof,t- under this Bond other than in a court of competent jurisdic- the Owner,within 90 days after having last tion in the location in which the work or part of the work is located or after the expiration of one year from the date(1) performed labor or last furnished materials or Sub- equipment included in the claim stating,with on which the Claimant gave the notice required by Sub- substantial accuracy,the amount of the claim paragraph 4.1 or Clause 4.2(iii),or(2)on which the last and the name of the party to whom the mate- labor or service was performed by anyone or the last mate- rials were me of the a supplied or for whom rials or equipment were furnished by anyone under the the labor was done or performed;and Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by .2 Have either received a rejection in whole or in law,the minimum period of limitation available to sureties part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica- in 30 days of furnishing the above notice any ble. communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig- paid directly or indirectly; and nature page.Actual receipt of notice by Surety,the Owner .3 Not having been paid within the above 30 days, or the Contractor, however accomplished,shall be sufF- have sent a written notice to the Surety(at the cient compliance as of the date received at the address address described in Paragraph 12)and sent a shown on the signature page. copy,or notice thereof,to the Owner,stating 13 When this Bond has been furnished to comply with a that a claim is being made under this Bond and statutory or other legal requirement in the location where enclosing a copy of the previous written notice the construction was to be performed,any provision in this furnished to the Contractor. Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the Owner shall be deemed deleted herefrom and provisions con- to the Contractor or to the Surety,that is sufficient compli- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this ance. AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA® A312-1984 5 F.9748C(3/11)